This Sale Agreement is made at ______ on _______,Between :-
___________ (hereinafter called the seller/s/ Vendor) of the first party.
__________ (hereinafter called the purchaser/s/ Vendee) of the second party.
WHEREAS the said first party is/are the owner in possession of a residential Property/Plot No.______.
WHEREAS the vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece and portion of land in Plot No._______ admeasuring______ sq. meters or thereabout comprising plot area of ________ sq. mts. And the area under approach road admeasuring________ sq. mts. In the layout bearing________ dated________ sanctioned by the __________ Municipal Corporation and comprised in survey No. ____________ at __________.
WHEREAS, Seller desires to sell and convey the Property to Buyer, and Buyer desires to purchase the Property from Seller of consideration_________, on the terms and subject to the conditions hereinafter set forth.
- That the first party has received ______ by cash/ Cheque /D.D. No. ______, dt______, as a earnest/advance amount and balance payment of ______ will be paid by the purchaser on or before______ at the time of execution of sale deed before the Sub Registrar, ______.
- That the seller/s will be responsible to pay all the dues up to date of execution of sale deed.
- That the seller/s will be responsible to hand over the clear and vacant possession of the above said property to the purchaser at the time of final payment/Execution of Sale Deed.
- That the seller assures the above said plot is free from all sorts of encumbrances, like mortgage, gift, sale, lien, lease agreement, decree, injunction, suit, etc. the first party will be held responsible.
- That the dividing wall and fences of the said property hereby transferred shall be deemed to be party walls and fences maintainable and repairable as such. Also it requires the building owner and adjoining owner contribute to the cost of repairing a party wall according to the proportions in which they make use of the wall and the responsibility for causing the defect.
- That the common enjoyment of water supply in the plot, shall vest jointly with the vendor/vendors and purchaser and shall be maintained, managed and administered collectively by the said vendor and purchaser. Also the Vendor shall in no manner be liable, accountable or responsible for the management, administration, maintenance or upkeep of the aforesaid property or the common facilities etc., or on any other account whatsoever.
- That the vendor shall be entitled to use a correlative share of the water from reservoir on land being sold. Although, these rights do not entitle a water use to divert water to storage in a reservoir for use in the dry season or to use water on land outside of the watershed.
- That the easement will also allow the vendor access to carry out alterations and repair reservoir on his neighbour's land for the purposes of carrying out those acts necessary for the reasonable enjoyment of his property.
- That the Costs of Repairing Reservoir and Supply Pipes will be borne rateably by the Purchasers jointly. Also, the Buyer alone shall be liable and responsible for payment of all levies, rates, taxes, assessment, duties etc., assessed or payable to the Municipal authorities or other local bodies or authorities in respect of the Scheduled Apartment from the date of delivery of its possession by the Vendor to the Buyer
- That upon every reasonable request any Documents, said deed or writings comprised under any trial, hearing or examination in course of any judicial or other proceeding which is not in Vendor’s possession will be produced at the cost of Purchaser which relates to the said land as well as to the other land belonging to the vendor.
- That if the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor can terminate/rescind the contract by serving a notice. After the termination the vendor can either keep or recover the deposit (to a maximum of 10% of the price) for breach of contract.
- That the Declarant establishes and reserves for itself and its designees, a perpetual, non-exclusive utility easement burdening each Owner’s Parcel in the area depicted on the Parcel Plan located within the boundary of each public street. Declarant establishes and reserves for itself and its designees for the benefit of all the Parcels, a perpetual, non-exclusive right-of-way and easement for pedestrian and vehicular traffic on, over, and across the Roadway as well as for drainage and storm water retention, if required.
- That the grantors, do hereby grant to Grantee, its successors, assigns, an easement and right-of-way to the Benefited Property and a right-of-way in, upon, over and across the Easement Area to maintain the Easement Area and maintain, repair and replace the Improvements located thereon (the "Maintenance Easement" and together with the Access Easement)
- That the rights will be reserved by Vendor as to User of adjoining property.
- That both the parties and their nominees will abide by terms and conditions of the above said agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the sums of money paid and to be paid hereunder, and for other good and valuable consideration, the parties hereto do covenant, stipulate and agree as follows:
- Covenant as to right of way to Common Passage: The vendor including that of the vendor’s agents, servants, family members and visitors and his heirs executors administrators shall have the right of way to the common passage on the piece of land conveyed, by night and day on foot, or by vehicles and it is provided that the said passage will be kept open and without any obstruction by the purchaser.
- Covenant as to right of Sewers and Drainage: That the vendor shall be permitted to connections to storm water drainage and sanitary sewer systems at points reasonably designated.
- Covenant reserving Vendor’s right of Way and Drainage: That easements will be reserved for the use of the vendor, its successors and assigns. Additionally, vendor hereby reserves, for the benefit of itself, its successors and assigns, a non-exclusive easement and right-of-way over, under and along a strip of land adjacent to the front, side and rear boundary lines on all Lots within the Single Dwelling Lot Areas for the installation and maintenance of lines, conduits, pipes and other equipment necessary for furnishing electric power, gas, telephone services, cable service, water, and drainage facilities, storm drainage and/or other utilities or services.
- Covenant that Common Drains to remain Property of Vendor: That the common drains will remain property of the vendor.
- Covenant for Construction of Drainage by Vendor and right of User by Purchaser of each Plot on Payment: That within the above-described easements the vendor will be permitted to construct or place any structure, planting or other material for drainage. Additionally, right of use by purchaser is reserved of each plot on payment.