Deed Of Assignment Deeds Agreement 999 - Legal Draft
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Deed of Assignment
THIS INDENTURE made and entered into at ....................... this .......... day of ....., 20......, in the christion year ............... between ................................. hereinafter called the assigner (which expression shall unless repugnant to the context or meaning thereof be deem to include his heirs, executors, administrators and assigns) of the one part And ............... .............. Hindu inhabitant of ........................... hereinafter called the assignee (which exp.) of the other part.
WHEREAS the assigns owns and is absolutely seized and possessed of or otherwise well and sufficiently entitled to a shop situated at ........................................ (hereinafter referred to as the ‘said shop’) being used for carrying on the business in the name and style of “..................” since .............., ............ .
AND WHEREAS the assigner intend to leave ............................... for good and settle down permanently in his native place viz. ................................. in the District of ...............
AND WHERAS the assigner having decided to settle down at his aforesaid native place has agreed to sell and the assignee has agree to purchase the said shop as a going concern free from encumbrances, claims and liabilities of any types and all other right and benefit connected therewith together with the stock-in-trade, furniture, articles and things together with the name and goodwill in respect thereof for the price of Rs .......... (Rs. ......... only) and along with benefit of the tenancy rights of the said shop.
AND WHERAS at the mutual understanding of the parties the assigner has agreed to execute these presents to effectually carryout the agreement hereinabove setout .
NOW THIS INDENTURE WITNESSTH that in pursuance of the said agreement the assigner doth hereby convey, grant and assign unto the assignee all the said business of the assigner as a going concern with all the beneficial interest and name and goodwill of the assigner together with the right in any licences either municipal, police or Government and permits, if any relating to the said business carried on in the name and style of “..........................” situated at above address and all other rights and benefit connected therewith, which the assigner hereby confirms and the assigner in consideration of the receipt of the aforesaid payment of the Rs ................ (Rupees ..................... only ) the assigner doth hereby assign and transfer unto the assignee all his right, title and interest in the tenancy of the said shop premises TO HAVE AND TO HOLD the same unto the use of the assignee forever absolutely free from all encumbrances and the assigner doth hereby covenant notwithstanding any act deed matters or things by the assigner made done committed or executed or knowingly suffered to the contrary, he the assigner now has in himself full right good power and absolute authority to assign or transfer the said premises hereby assigned and to be expressed so and that the assignee shall from time and at all times hereafter peacefully and quietly possess and enjoy the said premises and every part thereof for his own use and benefit without interruption claim or demand of whatsoever natures AND FURTHER that the assigner shall alone be liable and responsible for any debts and liabilities claims and demands including INCOME TAX and sales Tax assessments and arrears of rent if any upto the date of presence which are due and payable by the assigner.
AND FURTHER the assigner assures that he has not entered into any agreement in respect of the said shop whereby the assignment of the tenancy of the said premises might have been restricted or prohibited.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribe their respective hands to this writing on the day and year first hereinabove written.
SCHEDULE ABOVE REFERRED TOWHEREAS the assigns owns and is absolutely seized and possessed of or otherwise well and sufficiently entitled to a shop situated at ........................................ (hereinafter referred to as the ‘said shop’) being used for carrying on the business in the name and style of “..................” since .............., ............ .
AND WHEREAS the assigner intend to leave ............................... for good and settle down permanently in his native place viz. ................................. in the District of ...............
AND WHERAS the assigner having decided to settle down at his aforesaid native place has agreed to sell and the assignee has agree to purchase the said shop as a going concern free from encumbrances, claims and liabilities of any types and all other right and benefit connected therewith together with the stock-in-trade, furniture, articles and things together with the name and goodwill in respect thereof for the price of Rs .......... (Rs. ......... only) and along with benefit of the tenancy rights of the said shop.
AND WHERAS at the mutual understanding of the parties the assigner has agreed to execute these presents to effectually carryout the agreement hereinabove setout .
NOW THIS INDENTURE WITNESSTH that in pursuance of the said agreement the assigner doth hereby convey, grant and assign unto the assignee all the said business of the assigner as a going concern with all the beneficial interest and name and goodwill of the assigner together with the right in any licences either municipal, police or Government and permits, if any relating to the said business carried on in the name and style of “..........................” situated at above address and all other rights and benefit connected therewith, which the assigner hereby confirms and the assigner in consideration of the receipt of the aforesaid payment of the Rs ................ (Rupees ..................... only ) the assigner doth hereby assign and transfer unto the assignee all his right, title and interest in the tenancy of the said shop premises TO HAVE AND TO HOLD the same unto the use of the assignee forever absolutely free from all encumbrances and the assigner doth hereby covenant notwithstanding any act deed matters or things by the assigner made done committed or executed or knowingly suffered to the contrary, he the assigner now has in himself full right good power and absolute authority to assign or transfer the said premises hereby assigned and to be expressed so and that the assignee shall from time and at all times hereafter peacefully and quietly possess and enjoy the said premises and every part thereof for his own use and benefit without interruption claim or demand of whatsoever natures AND FURTHER that the assigner shall alone be liable and responsible for any debts and liabilities claims and demands including INCOME TAX and sales Tax assessments and arrears of rent if any upto the date of presence which are due and payable by the assigner.
AND FURTHER the assigner assures that he has not entered into any agreement in respect of the said shop whereby the assignment of the tenancy of the said premises might have been restricted or prohibited.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribe their respective hands to this writing on the day and year first hereinabove written.
All that going and running concern of shop in the name and style of ......................... (adjacent to “.....................” ) situated at ............................
SIGNED AND DELIVERED by
the within named assigner ..............
...................................... in the presence of
1.
2.
SIGNED AND DELIVERED BY the
Within named assigner......................
....................................... in the presence of
1.
2.
Received of and from the )
Withinnamed assignee the sum of )
Rs. ........................(Rs................. )
only ) being the full )
consideration hereinabove mentioned )
by him to me. )
SIGNED AND DELIVERED by
the within named assigner ..............
...................................... in the presence of
1.
2.
SIGNED AND DELIVERED BY the
Within named assigner......................
....................................... in the presence of
1.
2.
Received of and from the )
Withinnamed assignee the sum of )
Rs. ........................(Rs................. )
only ) being the full )
consideration hereinabove mentioned )
by him to me. )
Rs.. ...................
I say received.
WITNESS