Agreement to Lease Wakf property for maintenance of Wakf estate

 

Date:

SHAIKH MOHAMMED MASHUD the religious head and Mutawalli of the ............................ Wakf (hereinafter referred to as .the LESSOR.)

AND

M/s………………………………………………………………….............................................................. (hereinafter referred to as .the LESSEE.).

 

WHEREAS by a Deed of Wakf dated..... Shaikh..... dedicated all his movable and immovable properties, inter alia the property mentioned and described in the Schedule hereunder written and hereinafter referred to as .the Wakf property..

AND WHEREAS the LESSOR had been appointed as the Mutawalli of the said Wakf by the Wakif and as the religious head of the said Wakf, the LESSOR has been managing the affairs of the said Wakf and maintainingthe Wakf property.

AND WHEREAS t he Wakf property is now in dilapidated condition requiring urgent repairs and the income of the Wakf is inadequate to carry out the necessary repairs and maintenance.

AND WHEREAS the ground floor of the rear building of the Wakf property, which has been lying vacant and not utilised for any of the objects and purposes of the Wakf, neither the same is likely to be required for use of the beneficiaries under the said Wakf Deed. AND WHEREAS many intending persons are approaching for taking on lease of the said ground floor of the rear building after necessary repair and renovation and offering reasonable rent which will be adequate for the

maintenance and upkeep of the Wakf property.

AND WHEREAS the offer of the LESSEE herein has been found to be the highest and acceptable for the benefit of the Wakf.

AND WHEREAS the LESSOR applied to the Wakf Board for necessary permission to enter into this Agreement to Lease in the prescribed manner, furnishing a copy of this agreement along with the application. AND WHEREAS upon scrutiny of this agreement and the application of the Lessor, the Board has considered the application favourably and has granted its permission for execution of these presents which has been recorded and held by the Board as for legal necessity for maintenance and upkeep and preservation of the Wakf property. AND WHEREAS the LESSEE has duly inspected all the relevant documents of title, Deed of Wakf, Application to Wakf Board and its sanction for the intended lease agreement and after being satisfied about the power and authority of the LESSOR to enter into this Agreement has agreed to take on lease the ground floor of the rear building being portion of the Wakf property lying and situate at..... more fully mentioned and described in the Schedule .B. written hereunder and hereinafter referred to as .the demised premises., for a period of..................... years.

 

NOW THESE PRESENTS WITNESSES and the parties hereto agrees as follows:

1.    The LESSOR agrees to demise to the LESSEE and the LESSEE agrees to take on lease the said ground floor of the rear building being part of the Wakf property lying and situate at................. and more particularly described in the Schedule .B. hereunder written and hereinafter referred to as .the demised property., for a period of.................... years commencing from the date of the deed of lease to be executed as hereinafter mentioned at the yearly rent of Rs...... to be paid in advance from the commencement of the lease without any deductions.

2.    The rent shall be exclusive of the taxes, assessments, dues, duties, levies and outgoings in respect of the said demised premises to the Government or the Municipal Corporation or any other local authority or public body and which taxes etc. will be payable by the LESSEE as and when they become payable and due.

3.    The draft of the Deed of Lease will be prepared by the Lessee.s Advocate and will be approved by the Lessor.s Advocate and shall contain the usual covenants on behalf of the LESSOR and the LESSEE and subject to the provisions of the Statute applicable to the Wakf property and also subject to the sanction by the Board.

4.    The LESSEE shall undertake and complete necessary repairs or renovation of the demised premises, including painting of the entire building at its own cost, without in any way damaging the structure or any portion of the construction of the demised premises.

5.    The LESSEE shall bear and pay the necessary stamp duty and registration charges and other legal expenses for execution and registration of these presents and also for the Deed of Lease to be executed hereafter.

6.    Be it clearly understood that the execution of the Deed of Lease will be subject to obtaining the necessary permission or No Objection Certificate of the authorities concerned at the cost of the LESSOR.

7.    In the event no such permission or N.O.C. is granted or there be undue delay in obtaining such permission or sanction or N.O.C. the LESSEE at its option may terminate this Agreement on giving three months. notice.

8.    In consideration of the foregoing premises and as and by way of security deposit the LESSEE has paid to the LESSOR on the execution of these presents Rs.............. which would held as interest-free deposit by the LESSOR and adjustable against the rent in the manner to be specified in the Lease Deed.

 

THE SCHEDULE OF PROPERTY ABOVE REFERRED TO :

(Particulars of the Wakf Property)

 

THE SCHEDULE .B. ABOVE REFERRED TO :

(Particulars of the demised property)

 

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year first above written.

 

SIGNED AND DELIVERED

By Shaikh........ (LESSOR)

 

In the presence of:

1. LESSOR

2.

 

SIGNED SEALED AND DELIVERED

By Mr........... Authorised signatory of.... Company LESSEE Pursuant to Board Resolution

Date

 

In the presence of:

 

1.

 

 

2.