Agreement to Sale of Property
This AGREEMENT TO SELL is executed at ______________,on ____ day of ______________ by
and between;
_____________________
Aged about years, Occupation : Business
R/o _______________
hereinafter called as"VENDOR".
IN FAVOUR OF
_____________________
Aged about years, Occupation : Business
R/o _______________,
hereinafter called as "PURCHASER".
(The expressions " VENDOR" and " PURCHASER" wherever they occur in these presents, shall
unless the context otherwise admits, also mean and include their respective heirs, executors,
administrators, legal representatives and assigns).
WHEREAS the VENDOR is the sole and absolute owner of the property more fully set out in the
Schedule hereunder:
Schedule of Property
Plot No…………….……………...admeasuring ……………….. situated at…………..…………….……………...
Which is bounded as under
On its North is…………………….…………….………….....
South is…………….…………….…………………....
East is…………….…………….……………………...
West is…………….…………….……………………...
NOW THIS AGREEMENT OF SALE WITNESSETH AS UNDER:
1. That, the VENDOR shall sell and the PURCHASER shall purchase the said property more fully
set out in the Schedule for a sum of Rs…………….……………... (Rupees…………….…………….…………….................)
free from all encumbrances.
2. That, the PURCHASER has paid to the VENDOR this day, a sum of Rs……………..
(Rupees…………….……………...) by way of earnest money for the due performance of the agreement, the
receipt whereof the VENDOR doth hereby admit and acknowledge.
4. That, the PURCHASER shall pay to the VENDOR the balance sale price of Rs.………….
(Rupees…………….……………...) before registration of the sale deed.
5. That, the VENDOR will execute and get the Sale Deed of the said portion of the said property
registered, in favour of the PURCHASER or his nominee/s within 7 days from the receipt of the full and
final balance amount, failing which either party shall be entitled to get the Sale Deed registered through
the court of law by SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost and expenses of the
defaulting party.
6. That, the VENDOR assures the PURCHASER that the said property is free from all kinds of
encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal flaw, claims, prior
Agreement to Sell, Loan, Surety, Security, lien, court injunction, litigation, stay order, notices, charges,
family or religious dispute, acquisition, attachment in the decree of any court, hypothecation, Income
Tax or Wealth Tax attachment or any other registered or unregistered encumbrances whatsoever, and if
it is ever proved otherwise, or if the whole or any part of the said property is ever taken away or goes
out from the possession of the PURCHASER on account of any legal defect in the ownership and title of
the said property then the VENDOR will be liable and responsible to make good the loss suffered by the
PURCHASER and keep the PURCHASER saved, harmless and indemnified against all such losses and
damages suffered by the PURCHASER.
7. That, the VENDOR hereby declares and represents that the said property is not subject matter
of any HUF and that no part of the said portion of the said property is owned by any minor.
8. That, the VENDOR has undertaken and agreed not to create any disputes or encumbrances in
respect of possession or ownership of the said property in future.
9. That, the during pending completion of the sale, the VENDOR neither shall enter into any
agreement of sale in respect of the said property or any part thereof nor shall create any charges,
mortgage, lien or any arrangement, in respect of the said property in any manner whatsoever.
10. That, the property tax, water and electricity charges and other dues and demands if any
payable in respect of the property shall be paid by the VENDOR before the registration of sale deed and
thereafter the PURCHASER will be responsible for the payment of the same.
11. That, the VENDOR agrees that he will deliver vacant possession of the property to the
PURCHASER before registration of the sale deed. Or alternatively, the VENDOR agrees that he will put
the PURCHASER in constructive possession of the property by causing the tenants in occupation of the
property to attorn their tenancy to the PURCHASER.
12. That, the VENDOR shall execute the conveyance deed in favour of the PURCHASER or his
nominee as the PURCHASER may require.
13. That, the VENDOR shall hand over all the title deeds of the property to the PURCHASER or
an advocate nominated by him within………….. days from the date of this agreement for scrutiny of title
and the opinion of the PURCHASER’s advocate regarding title to the property shall be final and
conclusive.
14. That, If the VENDOR’s title to the property is not approved by the PURCHASER’s advocate or
VENDOR commits a breach of the agreement, the VENDOR shall refund the PURCHASER the earnest
money/part payments received by him under the agreement and on failure of the VENDOR to refund
the same within 15 days, he shall be liable to repay the same with interest thereon at the rate of 20 per
cent per annum.
15. That, the VENDOR shall not violate any of the terms and conditions of this agreement in
future failing which PURCHASER will have a right to enforce this agreement through a competent court
by a suit for specific performance or otherwise at the costs, risks and consequences of VENDOR.
IN WITNESS WHEREOF the VENDOR and the PURCHASER have set their respective hands to the
agreement of sale/purchase on the day, month and the year above written, in the presence of the
following witnesses:
WITNESS (1): VENDOR:
Signature : ___________________ Signature : __________________
Name: _____________________ Name: _____________________
Aadhar No. __________________ Aadhar No. __________________
Address :____________________
____________________________
WITNESS (2): PURCHASER:
Signature : ___________________ Signature : __________________
Name: _____________________ Name: _____________________
Aadhar No. __________________ Aadhar No. __________________
Address :____________________
____________________________