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Deed Of Indemnity By The Seller Of A Flat To The Purchaser About The Defence In Title - Legal Draft

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Category : Agreements Indemnity

This Deed of

indemnity is made at ....................... on this ............. day of

........................, 2000, between Shri A, son of B, resident of

................... hereinafter called "the Seller" (which expression

shall, unless it be repugnant to the context or the meaning thereof mean and

include his heirs, executors, administrators and assigns) of the One Part and

Shri C, son of D, resident of ............................... hereinafter

called "the Purchaser" (which expression, unless it be repugnant to

the context or the meaning thereof mean and include his heirs, executors,

administrators and assigns) of the Other Part.Whereas the Seller

has entered into an agreement with the Purchaser for selling House

no................ constructed on the Plot No................... Survey No.

.............. situated at ............... in the Registration

District and Sub-District of .....................And Whereas the

Seller has represented that his title to the said house is clear, marketable

and free from encumbrances, but the owner has misplaced the sale deed dated

...................... executed by Shri ............................ in favour

of the Seller and other title documents to the said house.And Whereas the

Seller has represented that he has not created any charge, mortgage or

encumbrance over the said house and has requested the Purchaser to purchase the

said house without insisting upon the title deeds of the said house upon the

seller giving an indemnity indemnifying the purchaser from any demand, claim,

action or rights from any person claiming to be entitled to any right, title or

interest in the said house and/or in the event of anybody claiming any charge,

lien, mortgage or encumbrance on the basis of deposit of title deeds.And Whereas the

Purchaser has agreed to purchase the said house without insisting on the title

deeds of the said house, upon the said seller agreeing to indemnify the

Purchaser in the manner hereinafter referred to.Now This Deed

Witnesseth As Follows:1. That in pursuance

of the said agreement and in consideration of the Purchaser not insisting for

the title deeds and other documents in respect of the said house, the Seller

hereby covenants with the Purchaser that the Seller will at all times hereafter

indemnify and keep indemnified the Purchaser against all claims, demands,

actions, proceedings, losses, damages, costs, charges and expenses which may be

brought or commenced against the Purchaser or which the Purchaser may or may

have to incur or may have to suffer as a result, direct or indirect, for

non-production by the Seller of the title deeds in respect of the house.2. The terms "Seller"

and "Purchaser" include their and each of their respective heirs,

successors, executors, administrators and assigns.IN WITNESS WHEREOF,

the parties hereto have signed these presents on the day and year hereinabove

written.Signed and delivered

by A, the within named SellerSigned and delivered

by C, the within named PurchaserWITNESSES;1.2.


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