Deed of conveyance of a building with four flats to four purchasers
as tenants in common
Deed of conveyance made at ....................... this ......... day of ............... between Mr.............................., Indian Inhabitant residing at ..................................... hereinafter referred to as, the 'Vendor' of the one part and (i) Mr ......................... (ii) Mr...................... (iii) Mr ..................................... (iv) Mr......................... hereinafter referred to as the Purchasers of the other part
WHEREAS
(1) The Vendor owns a plot of land situate at .......................... and which is more particularly described in the First Schedule hereunder written.
(2) The Vendor has constructed a building on the said plot consisting of a ground and one upper floor with an open terrace on the top.
(3) Each floor of the said building has two independent self contained flats i.e. there are four flats in the said building.
(4) Each flat admeasures about sq. ft. of built up area. The particulars of each flat are given in the Second Schedule hereunder written.
(5) The common areas in the building consist of the part plot of land which is kept vacant and unbuilt upon, the landings, staircase leading to the first floor and to the terrace, and the open terrace with parapet walls and other premises not forming part of any of the said four flats.
(6) The Purchasers have offered to purchase the said property jointly but with the object that each of the Purchasers will exclusively occupy one flat as hereinafter mentioned and hold the said property as tenant in common in equal shares and the Vendor has agreed to sell the same to the Purchasers at the price of Rs........... and in the manner hereinafter mentioned.
(7) The purchasers have paid to the Vendor a sum of Rs ........... as earnest and the balance has been paid on the execution of these Presents.
Now this deed witnesseth that pursuant to the said agreement and in consideration of the sum of Rs ........... paid by the Purchasers to the Vendor on the day of and the balance of Rs......... on execution of these Presents making together the said sum of Rs........... being the full consideration money to be paid by the Purchasers to the Vendors ( receipt whereof the Vendor hereby admits) he the Vendor doth hereby grant and convey the said plot of land together with the building thereon and more particularly described in the First Schedule hereunder written together with all the things permanently attached thereto and standing thereon and all the privileges, easements, profits, advantages, rights and appurtenances whatsoever to the said land and building and all the estate, right, title and interest, use possession benefit claim and demand whatsoever at law or otherwise of the Vendor to the plot of land and building and other premises hereby conveyed and every part thereof .
TO HAVE AND TO HOLD the same onto and to the use of the Purchasers absolutely and forever but as tenant in common in equal shares (each having contributed to the said purchase price equally) subject however to the payment of the proportionate rents, taxes, assessment, dues and duties now chargeable and payable and hereafter to become chargeable or payable from time to time in respect of the premises hereby conveyed, to the Government or any other local authority or public body and subject to the terms and conditions as between the purchasers as hereinafter mentioned.
And the Vendor doth hereby covenant with the purchasers that, (1) the Vendor now has in himself good right and full power to convey and transfer by way of sale the said plot of land and other premises hereby conveyed or intended so to be unto and to the use of the Purchaser in the manner aforesaid.
(2) The purchasers may from time to time and at all times hereafter peaceably and quietly enter upon, occupy, or possess and enjoy the said land and premises hereby conveyed with their appurtenances, and receive the rents issues and profits thereof and every part thereof for their respective own use and benefit without any suit, lawful eviction or interruption, claim and demand whatsoever from or by him the Vendor or his heirs or any of them or by any person or persons claiming or to claim, from, under or in trust for him or any of them.
(3) The Purchasers shall hold the said plot of land and premises free and clear and freely and clearly and absolutely exonerated and forever released and discharged or otherwise by the vendor and well and sufficiently saved, defended, kept harmless and in terrified of from and against all former and other estates, titles charges and encumberances whatsoever made occasioned and suffered by the vendor or by any other person or persons claiming or to claim by, from, under or in trust for him.
(4) the Vendor and all persons having or claiming any estate, right, title or interest in the said land, and premises hereby conveyed or any part thereof by, firm under or in trust for the Vendor or his heirs, executors administrators or any of them shall and will from time to item and at all times hereafter at the request and costs of the purchasers do and execute and cause to be done and executed all such further and other lawful acts, deeds and things, whatsoever for better and more perfectly and absolutely granting the said plot of land, and premises and every part thereof hereby conveyed unto and to the use of the Purchasers in manner aforesaid as by the Purchaser, their respective heirs, executors or administrators and assigns shall be reasonably required.
AND it is hereby agreed and declared by and between the Purchasers as follows and said property shall be deemed to have been purchased on the basis of the terms following.
(1) Each of the first, second, third and fourth named purchasers above shall be entitled to use and occupy flats Nos. 1 and 2, (ground floor) 3 and 4 (upper floor) respectively and exclusively of the other Purchasers for the benefit of himself and his family and the other Purchasers will not interfere with such use in any manner.
(2) The flat will be used only for residence and for no other purposes unless all the Purchasers agree to the use of any flat for any other purpose.
(3) All the outgoings in respect of the said property including major or tenantable repairs, taxes, which are a common nature will be shared and paid by the Purchasers in equal shares and each Purchaser agrees to indemnity the other or others against his liability if it is required to be paid by the other or others of the Purchasers.
(4) Each flat, if possible will be got assessed to Municipal taxes and other local or Government dues separately in which event each Purchaser will discharge in liability separately.
(5) The open space of plot will be left open and may be developed into a garden by mutual consent but will not be used for any other purpose except that any part thereof may be used for parking cars or two wheelers as may be agreed upon between the purchasers.
(6) The open terrace on the top of the building will always be kept open but can be used for fixing T.V. antennas or for household purposes occasionally with the consent of each other.
(7) The terms herein above mentioned will be deemed to run with the land the binding on the transferees or assignees of any of the Purchasers herein.
IN THE WITNESS whereof the Parties have put their hands the day and year first herein above written.
The First Schedule above referred to )
(Description of land)
The Second Schedule above referred to )
(Description of each flat)
Signed and delivered by the withinnamed )
Vendor Mr.......... in the presence of
Signed and delivered by the withinnamed purchasers )
Mr............. Mr............., Mr........... in the presence of