PHOTO AGREEMENT FOR SALE OF HOUSE / FLAT
ON HIRE PURCHASE CATEGORY
This Deed of Agreement for sale executed at ______________ this ______ day of
____________ 20______.
Between the Andhra Pradesh Housing Board, a body corporate constituted under the
Provisions of the Andhra Pradesh Housing Board Act 1956, hereinafter called the Act and
represented by its Vice-Chairman and Housing Commissioner or his delegate, having the Office
at ______________ hereinafter referred to as the “Owner” (which term shall wherever the
context so permit means and includes its successors in interest and assigns) of the one part.
AND
Sri/Smt/Kum _________________________________________________ S/D/W/ of
_______________________________ residing at ____________________________ hereinafter
called the “Allottee” (which term shall wherever the context so permit means and includes her /
his heirs, executors, administrators, legal representatives and assignees) of the other part.
Whereas the Allottee has applied to the Owner for allotment of house/flat constructed
under HIG / MIG / LIG / EWS housing scheme taken up by the owner at ________, herein after
referred to as the “Project”.
Whereas the Owner has agreed to allot the house/flat in all that piece and parcel of the
land (with undivided share in the land in respect of a flat) together with the building and fittings
thereon more particularly described in the Schedule here to and hereinafter referred to as the
“Property”, to the allottee on monthly / bye-monthly / quarterly / annual installments, on terms
and conditions hereinafter mentioned.
And now this Indenture Witnesseth as follows:
1. It is expressly agreed between the parties hereto that the Allottee is not the owner of the
property, that he/she shall have no right either to sell or mortgage or otherwise dispose of
the property and that the Allottee shall not be entitled to claim title thereto until the sale
price thereof, as finally determined and other amounts payable by the Allottee to the
Owner have been paid and the property is conveyed in the name of the Allottee.
2. Until such time as the Owner conveys the property to the allottee as hereinafter stipulated
or until such time as this agreement is determined by the Owner as hereinafter provided,
the allottee is permitted to be in possession of the property as a tenant of the Owner, on
terms and conditions hereinafter mentioned and the date of occupation of the property by
the allottee shall be deemed to have commenced as and from the date of this indenture.
3. The allottee shall abide and be bound by the provisions of Andhra Pradesh Housing
Board Act 1956 and the Rules and Regulations made there under and the Resolutions of
A.P. Housing Board and any other rules, regulations, byelaws that are in force and may
come into force in so far as they relate to the project in which the said Property is
situated.
4. The allottee shall abide by the Rules, Regulations and Conditions now or at any time
herein after duly prescribed by the Government, Municipal Corporation / Municipality /
Local Authority, in so far as they relate to the project in which the said Property is
situated.
5. The allottee shall bear, pay and discharge all the present and future rates, taxes, cessess,
assessments, duties and impositions and outgoings, including but not limited to water
supply, sanitary & electricity charges, stamp duty, registration charges, property tax,
maintenance charges etc., what so ever assessed, imposed and charged upon the said
Property by the Government or Municipal Corporation / Municipality / Local Authority
or Statutory body (including the Owner) under any law for the time being in force.
6. The Allottee has so far paid to the Owner an amount of Rs.__________, equivalent to
___% of the tentative cost of house/flat and receipt of the said sum is hereby
acknowledged by the Owner.
7. The balance amount payable in equated installments worked out on diminishing value;
include interest at ___% per annum. On delayed payment of installments, penal interest at
one and half times the normal rate of interest shall be payable by the allottee for the
delayed period. If the allottee pays amount in advance equivalent to two annual
installments, the same shall be adjusted against the outstanding principal and installments
will be re-fixed on the balance outstanding principal. Any amount paid by the allottee
shall be first adjusted towards interest due and balance, if any, towards principal.
8. Until such time as the Owner finally determines the final cost, the Allottee shall pay to
the Owner a sum of Rs._____ every month / bye-monthly / quarterly / yearly as
installment towards the balance tentative cost of the property within a maximum period
of ____ years. The allottee agrees to make payment of installments as per the Payment
Schedule herewith provided at Annexure-I or as may be modified and communicated in
writing by the Owner from time to time.
9. The revised installments ultimately fixed by the Owner after the cost has been finally
determined shall be deemed to have become payable from the date of this indenture. The
Allottee agrees to pay the difference amount, between the initial installments and revised
installments, to the Owner as per the demand notice issued by the Owner.
10. The Allottee shall make full and regular payment of all the dues that are required to be
paid by him/her and if any such payment is delayed he/she shall be liable to pay penal
interest at the rate specified above. In case of default in payment of dues, the Allottee
shall be liable to be evicted as per the procedure laid down in A.P. Housing Board Act
1956 and Regulations made there under, for recovery of all outstanding dues.
11. If there is any contravention by the allottee of any of the terms expressed or implied
under the regulations / application / agreement for sale, it shall be lawful to the Owner to
evict the allottee or occupant of house/flat duly canceling the allotment and resume the
Property and forfeit the entire amount paid by the allottee.
12. The Allottee shall be at liberty to pay to the Owner at any time before the expiry of the
said period the balance of the sale price due in one lump-sum and get the property
transferred in his/her name. The charges towards stamp duty, registration fee and other
incidental charges for conveyance of the property shall be borne by the Allottee.
13. The allottee shall not make any additions or alterations or sublet, transfer, mortgage, etc.,
the house/flat without previous written consent of the Owner.
14. After taking possession of the Property, its maintenance and keeping in good condition
shall be solely the responsibility of the Allottee.
15. The maintenance of external water supply, drainage and common facilities will be done
by the Owner up to a maximum period of six months from the date of completion of the
project, for which the allottee agrees to pay such charges for the same as may be fixed by
the Owner. The owner may, at its sole discretion, continue maintenance beyond six
months. If handing over to the Local Authority is getting delayed for any reason
whatsoever, the allottee agrees to form an association with the other allottees, under the
aegis of the Owner and takeover maintenance of common areas and common facilities in
the Project. The Owner shall handover open spaces reserved for public purpose to the
concerned local authority.
16. It is expressly agreed between the parties hereto that infrastructure like School, Hospital,
commercial complex, clubhouse/flat etc., if any, facilitated by the Owner will become
either the property of the Owner or the property of the Developer to whom such land is
sold for development.
17. The Owner shall have the right to enter, inspect, connect, alter or repair any water mains
or drainage passing through the property and the Allottee shall render all assistance and
facilities and furnish such information as may be required by the person inspecting the
property for the purpose of maintenance.
18. In all matters of doubt, concerning and in respect of this indenture, the decision of the
Vice-Chairman and Housing Commissioner, A.P. Housing Board, shall be final and
binding on the Allottee and any default by the Allottee thereof shall be deemed to be
breach of terms of this indenture.
19. In respect of flat, the Allottee shall have common right over water, drainage, electricity
connections and he/she shall have no exclusive right whatsoever over them and he/she
shall not be entitled to interfere or meddle with or alter the alignment or mode of
connection detrimental to the usage and enjoyment of the remaining flat allottees,
likewise the stair case and the land on which the building stands shall be the common
property of all the flat holders including the allottee. No Allottee shall be entitled to make
additional constructions on the appurtenant land and alter the nature of the appurtenant
land of the block. All the Allottees of the block shall have equal right whatsoever over
the terrace and no construction shall be made over the terrace by any of the flat holder
including the Allottee.
20. The Owner hereby agrees that the Allottee making all payments due from him/her in
accordance with these presents and performing and observing all the conditions herein
contained shall peacefully hold and enjoy the said property during the said term except
for any lawful interruption by the Owner or any person lawfully claiming it.
In witness hereof Sri / Smt _____________________, Executive Engineer on behalf of Owner,
and Sri / Smt ____________________ Allottee; have hereunto set their hands.
Signature of the Owner.
Signature of Allottee.
Witnesses:
(1)
(2)
SCHEDULE
Description of the Property
HIG / MIG / LIG / EWS house/flat No. ________________ Design ________________
situated at _________________________ as per the plan appended and bounded by:
East :
West :
North :
South :
Signature of the Owner.
Signature of Allottee.
Witnesses:-
(1)
(2)
ANNEXURE-I
Payment Schedule
Housing Scheme at ______________
Category of house/flat : EWS / LIG / MIG / HIG
Plot area in Square yards :
Plinth Area in Sq.feet :
Tentative Cost of the house/flat : Rs._____________
Down payment received : Rs._____________
Equated Installment amount : Rs._____________
Periodicity : Monthly / Quarterly / Annual
Rate of interest : ___ % per annum
Installment Amount of Due date of Installment Amount of Due date of
Number installment payment Number installment payment
1 31
2 32
3 33
4 34
5 35
6 36
7 37
8 38
9 39
10 40
11 41
12 42
13 43
14 44
15 45
16 46
17 47
18 48
19 49
20 50
21 51
22 52
23 53
24 54
25 55
26 56
27 57
28 58
29 59
30 60
