Deed Of Conveyance Of A Flat In A Building On Apartment Ownership But Without A Condominium Deeds Property 1908 - Legal Draft

.........this .........day of .......... between Mr 'A'
Indian Inhabitant residing at ........ hereinafter referred to as the Vendor of the One part and Mr 'B' Indian Inhabitant residing at .......... H ereinafter referred as the Purchaser of the Other part
WHEREAS
(1) The Vendor has constructed a building on a plot of land belonging to him and situate d at ............and more particularly described in First Schedule hereunder written.
(2) The building consists of a ground and one upper floor, the upper floor having two independent self contained flats and the ground floor consisting of only one flat and which is occupied by the Vendor for his own use.
(3) The Vendor proposes to sell the two flats on the upper floor separately on ownership basis and on the terms and conditions hereinafter mentioned.
(4) The Purchaser has agreed to purchase one flat No ........... on the upper or first floor and which is more particular described in the Second Schedule hereunder written, at the price of Rs ....... and subject to the terms and provisions herein contained .
Now this Deed witnesseth that pursuant to the said agreement and in consideration of the sum of Rs .......... paid by the Purchaser to the Vendor on the execution of these Presents ( receipt whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and convey to the Purchaser a undivided part of the said building being the flat No.... described in the Second Schedule hereunder written together with an undivided share in the said plot of land and the common areas in the said building such as the landings stair case, open terrace in the building in the proportion which the built up area of the said flat bears to the total built up area of the said building (the said flat together with the said undivided share being hereinafter collectively called the said premises) together with all privileges easements, profits, advantages and rights and appurtenances whatsoever relating to the said premises and all the estate, right title and interest use, possession, benefit, claims and demand whatsoever at law or otherwise of the Vendor to the said premises .
TO HOLD THE SAME unto and to the use of the Purchaser absolutely and forever subject to payment of all the proportionate rents, taxes, assessment dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the said premises to the Government or any local authority or any other public body in respect thereof and subject to the terms and conditions hereinafter mentioned
AND it is agreed and declared by and between the Parties hereto as follows
The Purchaser shall pay all taxes and other dues payable to the Government or any local authority or public body in respect of the said premises hereby conveyed to him and if such taxes and dues are levied in common on the whole property, the Purchaser shall pay his proportionate part thereof, the proportion being the same as mentioned above. The
Purchaser shall indemnify and keep indemnified the Vendor and the owner of the other flat on the first floor against any such liability. The Purchaser shall also be liable to contribute in the same proportion as aforesaid all expenses incurred or required to be deposited for meeting the common expenses for repairs tenantable or heavy, for maintenance of the electric and water supply, the sewage or drainage, for cleaning and sweeping, white washing of the building from time to time. The Purchaser shall not use the open space of the said plot except for parking his car or two wheeler at the place marked or allotted for that purpose.
The Purchaser shall not keep any material in the common places such as landings, staircases, the open terrace, the vacant places of the said plot and the passage leading to the building from the road.
(5) The Vendor will be entitled to put up any additional construction on the building as may be permitted by the Local Authority and deal with the same as the likes but without causing any prejudice to the right of the Purchaser as the owner of the said Flat purchased by him.
(6) The Purchaser will be entitled to carry out any internal changes in the said flat as he thinks fit or proper but without changing or damaging the exterior construction of the flat such outer walls, ceiling, flooring etc. and without causing any damage to the other part of the said building.
(7) The Purchaser shall not whitewash or paint the outside part of their flat with any colour not matching with the colour of the paint of the rest of the building.
(8) The Purchaser as well as the Vendor will not put up any posters or advertisement boards on the part of the building belonging to them respectively.
(9) In the event of any dispute or difference between the Vendor as the owner of the ground floor and the owners of the two flats on the first floor regarding any matter above referred to the decision of the majority will prevail.
The Vendor assures and agrees that he will sell the other flat on the first floor on the same terms and provisions as are herein contained. The terms and conditions above mentioned will run with the land and will be binding on the Vendor, the Purchaser and their respective legal representatives and assigns.
IN WITNESS whereof the Parties have put their respective hands the day and year first hereinabove written.