LEASE DEED
(FOR LAND)
This Lease Deed (this “Agreement”) is entered into as of______________ (the
‘’Effective Date’’) at _______ (place).
BETWEEN: ________________("individual" ,“company”, "corporation",
"limited liability partnership", "limited partnership",
"proprietorship firm"), with its principal place of business
located at ____________(the “Company”), through its
Authorised signatory:________________, (hereinafter referred
as the “Lessee” "First Party")
OF THE FIRST PART
AND: ________________("individual" ,“company”, "corporation",
"limited liability partnership", "limited partnership",
"proprietorship firm"), with its principal place of business
located at ____________(the “Company”), through its
Authorised signatory:________________, (hereinafter referred
as the “Lessor” "Second Party")
OF THE SECOND PART
PREAMBLE
WHEREAS the Lessor is the exclusive owner of piece of land bearing _______
[[Plot No.]] situated at ________ [[Address]] (more particularly described in the
Schedule A hereunder written), hereinafter referred to as the demised premises.
AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect
of the said premises for a period of ______ [[years]], vide Agreement of
premises lease dated ______ [[Date]] hereinafter referred to as “the said
agreement” subject to terms and conditions laid down in the said agreement.
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AND WHEREAS the lessor has made out his marketable title to the demised
premises free from all encumbrances, claims or reasonable doubts.
NOW THEREFORE in consideration of the mutual promises and covenants
contained in this Agreement and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. RELATIONSHIP OF THE PARTIES – INDEPENDENT
1.1.The Parties agree that the Parties shall be considered independent and
not agents or employees of the other Party. Neither Party shall have
authority to make any statements, representations nor May commitments
neither of any kind, nor to take any action which shall be binding on the
other Party, except as be expressly provided for herein or authorized in
writing.
2. PAYMENT CLAUSE
2.1.The lessee will pay __________ per year as rent of the lease premises
and will enhance ____% after every ____ [no. of years].
3. TERM
3.1.This Agreement will come into force as of the ______ [[Effective Date]]
and will expire on ______ [[Expiry Date]] (the “Initial Term”) unless
extended by the parties in writing or otherwise terminated by the parties
in accordance with the terms of this Agreement.
4. DUTIES AND OBLIGATIONS OF LESSEE
4.1.The lessee shall construct a suitable house and other structures on the
demised premises hereby demised according to and in conformity with
the map or plans hereto annexed, which has already been sanctioned by
the Municipal Corporation of ______ [[Name of Place]] within a period
of ______ [[No.]] year from the date hereof.
4.2.To pay rent hereby reserved on the day and in the manner aforesaid to
the lessor.
4.3.To pay all taxes, cess, impositions, assessments, dues and duties payable
in respect of the demised premises and the building to be constructed
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thereon to the Government of ______ [[State]] or the Municipal
Corporation or any other local authority or public body.
4.4.Not to sub-let, sell, dispose of or assign the demised premises or the
house constructed on the demised premises without the consent of the
lessor in writing.
4.5.To keep the building constructed on the demised premises in good and
tenantable condition.
4.6.To permit the lessor or his duly authorised agent or agents to enter the
demised premises at all convenient times for inspection of the building.
4.7.To insure and to keep insured the building that may be constructed on
the demised premises against the loss or damages by destruction fire,
earthquake, riot or affray with an insurance company approved in writing
by the lessor in the joint names of lessor and lessee for an amount which
shall not be less than ______ [[Amount in Rs]]
4.8.To use the demised premises for construction of house which will be
used for residential purpose only.
4.9.Not to use the demised premises or the building constructed or any part
thereof for any illegal purpose.
5. DUTIES AND OBLIGATIONS OF LESSOR
5.1. The lessor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the demised premises and is having full power and
absolute authority to demise unto the lessee the demised premises.
5.2.The lessee shall peacefully and quietly hold, possess and enjoy the
demised premises, during the term of lease without any interruption,
disturbance, claims or demand whatsoever by the lessor or any person or
persons claiming under him, subject however, the lessee paying the said
yearly rent on the due dates thereof and in the manner herein provided
and observing and performing the covenants, conditions and stipulations
herein contained and, on his part, to be observed and performed.
5.3.Not to unreasonably withhold his consent to any sub-lease, transfer or
assignment of the demised premises, if intended to be made by the
lessee.
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6. MANDATORY OBLIGATIONS OF THE PARTIES
6.1.This Lease Deed shall be executed in duplicate. The original shall be
retained by the Lessor and the duplicate by the Lessee.
6.2.The stamp duty and all other expenses in respect of this Lease Deed and
duplicate thereof shall be borne and paid by the Lessee.
6.3.The marginal notes and the catch lines hereto are meant only for
convenience of references and shall not in any way be taken into account
in the interpretation of these presents.
6.4. If default is made by the lessee in payment of the rent for any [[No. of
Years]], or in observance and performance of any of the covenants and
stipulations hereby contained and on the part to be observed and
performed by the lessee, then on each such default, the lessor shall be
entitled in addition to or in the alternative to any other remedy that may
be available to him at his discretion, to terminate the lease and eject the
lessee from the premises demised and from the building, that may have
been constructed thereon; and to take possession thereof as full and
absolute owner thereof, provided that a notice in writing shall be given
by the lessor to the lessee of his intention to terminate the lease and to
take possession of the demised premises but if the arrears of rent are paid
or the lessee comply with or carry out the covenants and conditions or
stipulations, within fifteen days from the service of such notice, then the
lessor shall not be entitled to take possession of the said premises and
building.
7. CONFIDENTIALITY.
The Parties shall not, in any fashion, form, or manner, either directly or
indirectly:
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7.1.Disclose or communicate to any party any information relating to the
said agreement. (the “Confidential Information”);
7.2.[[Additional Clause: Type Information Here]]
8. REPRESENTATIONS AND WARRANTIES
Each party hereby represents and warrants to that:
8.1.Each party has all required capacity and corporate authorization to enter
into this Agreement and be bound by the obligations provided hereunder;
9. INSURANCE AND INDEMNIFICATION
To insure and to keep insured the building that may be constructed on the
demised premises against the loss or damages by destruction fire,
earthquake, riot or affray with an insurance company approved in writing
by the lessor in the joint names of lessor and lessee for an amount which
shall not be less than ______ [[Amount in Rs]]
10.RENEWAL
10.1. On the expiry of the term hereby created and subject to the
observance and performance of the covenants, conditions and
stipulations herein contained and, on his part, to be observed and
performed, the lessee will have the option to renew the lease of the
demised premises for a further period of ______ [[years]], provided he
gives a notice to the effect in writing by registered post to the Lessor of
his intention to do so at least ______ [[no. of Months]] before the
termination of the present lease. Provided that the rent payable by the
lessee to the lessor during the extended time of the lease shall be ______
[[Amount in Rs]] per annum, which will include the rent of the demised
premises and of the building constructed thereon, which on the expiry of
term of the lease, shall vest in and be the absolute property of the Lessor
as hereinabove mentioned.
10.2. After the expiry of the said period of ______ [[years]]. The Lessee
shall not be entitled to exercise further option of renewal of the lease and
shall deliver the demised premises and the building constructed thereon
to the lessor in good condition as hereinbefore provided.
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11.NOTICE
11.1. Any notice provided for or permitted in this Agreement shall be in
writing and will be deemed to have been given ______ [[Minimum
number of Days after Mail: Number]] days after having been mailed,
postage pre-paid, by certified or registered mail or by recognized
overnight delivery services, except in the case of a postal or other strike
affecting the service used whereupon notice will be deemed to have been
given ______ [[Minimum number of Days for Service of Notice:
Number]]days after normal service resumes..
11.2. Addressing and delivery is to be made as follows:
11.2.1. If to: Lessee
[[lessee Address]]
11.2.2. If to : the Lessor
[[Lessor Address]]
11.3. The parties may communicate other addresses where notice must
be sent to from time to time. Such communication shall be in writing and
shall have the effect of replacing the address. No change of address
effected under this section shall in any way affect the operation of any
term, other than the delivery address, in this Agreement.
12.TERMINATION
12.1. Upon the expiry of the said period of ______ [[years]], this lease
shall be terminated.
13.EFFECT OF TERMINATION.
Upon termination of the agreement, the following shall occur:
13.1. The lessee will hand over the peaceful and vacant possession of the
demised premises and building constructed thereon to the Lessor in a
good condition
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14.DISPUTES AND RESOLUTIONS –
14.1. ARBITRATION:
14.1.1. In the event of any dispute, difference or controversy arising
between the Lessee and Lessor in the performance, interpretation,
implementation or application of this agreement, the parties will first
attempt to resolve their differences mutually but failing mutual
settlement dispute, difference or controversy arising, either Party
may request that such disputes be settled by arbitration in accordance
with the Arbitration and Conciliation Act, 1996 (“ the Act of 1996”)
and the rules made there under, as amended from time to time.
14.1.2. The Seat of Arbitration will be in ______ [[Place]] and all
Arbitration proceedings will be conducted in ______ [[Place]].
14.2. In case the dispute arises it will be Subject to the jurisdiction of the
courts of ______ [[Name of the place]]
IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a
duplicate hereof and the Lessee has caused its common seal to be affixed
hereunder and a duplicate hereof on the day, month and year first hereinabove
written.
_________________ ________________
(First Party) (Second Party)
Signed and Witnessed in the presence of:
WITNESSES
1. [[Name of the Witness: Witness A]]
_______________________
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[[Address of the Witness A]]
[Signature]
2. [[Name of the Witness: Witness B]]
_______________________
[[Address of the Witness B]]
[Signature]
The Schedule A above referred to
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