Essays /

Internet Essay

Essay preview

Agreement for Sale

This agreement made Thursday, January 17, 2013 between AWAS CONSTRUCTIONS a firm incorporated under the Indian partnership act 1932, having its office at Kankarbagh, Patna-20 through its Managing Partner,Mr.Binod Kumar Vishwash s/o Late Gokul Pd. Biswas Residing at flat no-402, Block “B” , “GANESH TOWER” Apartment Bhootnath Road,Patna-26. hereinafter referred to as the “BUILDER” of the one part and Mr. Dheeraj Kumar s/o Mr. Ravindra Kumar Sinha Resident of vill-Neori Tole Dath, Post-Jayantipur, Thana-Biraul, via—Benipur,Dist-Darbhanga 847103, .Hereinafter referred to as “BUYER” of the other part.

And whereas, the builder has framed a scheme for constructing a complex to known as “TULSI ENCLAVE” on the said land for residential purposes, comprising of several flats, parking spaces etc.

And whereas, buyer has inspected and/or otherwise satisfied himself about the right, title and interest of the builder over such land and is also aware of the fact that the builder has entered and are interested in acquiring the proposed Flats, parking spaces etc.

And whereas, the buyer has also inspected and/or otherwise satisfied himself about the building plans and is desirous of acquiring as Flat in the said complex more fully described in the schedule “B” hereto upon the terms and conditions hereinafter mentioned.Now this agreement witness and it is hereby agreed by and between the parties hereto as follows:

1. In the agreement unless it be Contrary or Repugnant to the Context.

1. “Builder” Shall Mean the Builder Above – Named and its Promoters as Also its Executors, Successors and / or Successors in Interest Assigns, Representatives and Nominee or Nominees.

2. “Buyer” Shall Mean and Include:

a) If the Buyer be an Individual then his/her Heirs, Executors Administrators, Legal Representatives Successors and Assigns.

b) If buyer be a Hindu Undivided family, then its karta and Member for the time Being their survivors and Respective heirs, Executors, Administrators, Legal Representatives and Assigns.

c) In case the buyer be a partnership firm, then its partners for the time Being their Respective Heirs and Executors, Administrators, Legal Representatives and Assigns, and

d) In case Buyer be a joint stock Company, then its successors or Successors-in-interest and Assigns:

3. “Land” shall mean the said land, as Fully Described in the Schedule “A” of this Agreement.

4. “Complex” shall mean all Flats, Parking Spaces etc. To be constructed on the said land and to be known as “TULSI ENCLAVE”.

5. “Unit” shall mean any one Flat with joint ownership of its floor, Roof and walls as Explained in the Schedule “B” of this Agreement and shall also include the Parking Space if the same has been acquired by the buyer.

6. “Building” shall mean the Multi-Storied Building in which Buyer has purchased his unit and / or units.

7. “The Plans” shall mean the Plans and Designs of Buildings to be constructed in “TULSI ENCLAVE” Including any Variations ThereinArchitect or Architects.

8. “Parking Space” shall mean the open or Covered Space Reserved on the Demised land or in the Building Sufficient for parking of an Indian Make Car and/or Scooter.

2. The builder shall construct a Complex known as “TULSI ENCLAVE” over the said land Described in the Schedule “A” Hereunder in terms of the Scheme Framed by the Builder.

1. The Builder shall be entitled to make Such Charges, Additions and/or Alterations in the Plans as the Exigency to the Situation or Circumstances shall warrant or require.

3. The Buyer Agrees To Acquire From the Builder the said Flat along with the said Parking Space Hereinafter jointly Referred to as the “Said Unit” More Fully Described in the Schedule “B” Hereunder at or for a Total Consideration as Mentioned in part I of the Schedule “C” Hereunder written and the Builder has Agreed to transfer the same in favour of buyer at the said Consideration.

1. The said Total Consideration Has been calculated on the Basis of Super-Built up Area as detailed in Part I of the Schedule “C” Hereunder written. In case any difference is found in the area at the time of taking Final Measurement after Completion of the building, the Difference in Consideration amount shall be adjusted accordingly. The Certificate for the Architect shall be final and binding on Both Buyer and the Builder.

2. The said total consideration shall be paid by the buyer to the builder as and in the manner set out in part II of the schedule “C” hereunder written. It is also agreed that all such payments shall always be maid by crossed A/C payee cheques or pay order or demand draft drawn on any bank in Patna in favour of the builder and that for any payment made in cash the builder shall not be responsible.

3. In case any sales tax purchase tax or any other government duty or tax (not being Income - Tax) is payable in relation to the said unit, the same shall be on the account against any such claim or demand that may be any authority.

4. The buyer shall make timely payment of all amounts under this agreement whether demanded or Not by the builder, In default of payment of any amount in time, buyer shall pay to the builder interest at the rate of 18% per Annum compounded every month on all the amount which become due and payable by buyer to the builder under the terms of this agreement calculated from the date the said amount becomes payable by the buyer to the builder up to the date of payment Provided. That Payment of the interest shall not prevent the right of cancellation of this Agreement by the builder on account of any default committed by buyer in payment of any amount payable by the buyer to the builder on due date. It is specifically agreed that time for payment of the consideration amount by the buyer to the builder as set-out in part II of the schedule “C” hereunder written shall be the essence agreement.

5. On the buyer not clearing all his dues along with interest 18% per annum within 30 days from the date the said amount become payable and /or committing default in payment on due date under his agreement twice and/ or on the buyer committing Breach of any of the terms and condition herein contained the builder shall be entitled at its own option to cancel and terminate this agreement in which event all right title and interest of the buyer over the said unit shall stand extinguished and the buyer shall have no further right, title and interest over the said unit and the builder shall be entitled to transfer the said unit to any other person, the builder apart from interest at the rate of 18% per annum on all delayed payments shall also be entitled to liquidated damages of 10% of total cost of the said unit ...

Read more


-20 -201 -204 -26 -402 -954 /or 0 00 000 012473boi 1 10 1050 11 12 120 12461 12462 12463 12464 129 13 14 15 15/11/2012 15th 16 17 17/08/2012 17/12/2012 18 180 19 192 1932 1940 2 20 2013 203 21 21/09/2012 22 23 24 25 25/01/2013 26 2nd 3 30 328 32mm 333 337 339 4 4th 5 50 500 5025 6 6.3 62 7 7th 8 83 847103 87 9 954 a/c abid abl absolut accessori accord account acquir acryl act actual addit address adequ adjust administr adopt advanc aforesaid aggreg agre agreement allot alon along alreadi also alter altern alway amen amend ami amount an/or and/or annoy annum anti anyth apart appertain applic appoint approv approx arbitr architect area aris arrang arrangement-hot assess assign associ association/s attorney author automat avail awa awar b back balanc balconi bank basi becom behalf belong benipur beyond bhootnath bill bind biraul biswa block boi bond born bound boundari branch breach brick build builder built burg buy buyer bye bye-law c c.p cal calcul call cancel car carpet carri case cash cast caus ceas cement ceram certif charg chaukhat chequ chowkidar chromium circumst cistern claim claus clean clear co co-op coat cold collector colour column commerci commit common compani company/s compens complet complex complianc compound compris conceal concern condit conductor conduit conform connect consent consequ consider constitut construct contain context contradictori contrari contribut control convey copper core corpor cost court coven cover creat cross d dado damag darbhanga date dath day deal declar deduct deed deem default delay deliv deliveri demand demis demolish deposit describ descript design desir detail determin develop dheeraj differ dine direct discret dispatch dispos disput dist dist-darbhanga district district/sub document done door draft draw drawn due duli duti e earlier easement east effect egress eight either electr elsewher employe enamel enclav enforc enjoy enter entir entitl entranc equal equit essenc estim etc even event ever everi except exclud exclus execut executor exercis exig expect expedi expens explain extend extern extinguish f face facil fact fader fail famili fan favour fee fifti final financ finish firm first fit fittings-chromium fix fixtur flat floor flush follow forbear forc forfeit form format forwhich found foundat frame full fulli furnitur futur ganesh gas geezer general genset give given glass glaze go gokul good govern govt grace granit grant ground habitu hall handov hard height heir hereaft herebi herein hereinaft hereto hereund hinder hindu his/her hold hot hous howev ii iii illeg immedi impart imped imposit incept incident includ incom incomplet inconsist incorpor incur indemnifi indian individu indulg ingress inop inspect instal institut insur intercom interest interfer intern internet interpret interrupt intim irrespect irrevoc issu item iv januari jayantipur joint jurisdict kankarbagh karta keep khata kitchen known kumar land land/or late law lay legal letter liabl liberti lien lift liftman light like limit liquat liquid live loan lobbi local lose loss m.r made maid maintain mainten majeur make manag manner materi matter mauza may mean measur member mention meter money month mortar mortgag mount mr mr.binod multi multi-stori municip n.b n.b-on name natur neat necessari neither neori new nomin nomine non non-compli non-viabl north notic notifi object observ obstruct obtain occup occupi offic one open oper option order origin otherwis outgo outlet outsid outstand ownership p.m.c p.s p.v.c paid paint paper paragraph parcel park part parti particular partit partner partnership passag passov patna pay payabl paye payment pd peac per percent perform period permiss person phenol physic piec pipe place plan plant plaster plate platform plinth plot point portion poss possess post post-jayantipur power prejudic premium prepar presenc present prevent previous price primer prior profession progress promot proof proper properti proportion propos protect provid provis pump punctual purchas purpos put putti quarter question r.c.c rais rate ravindra reason receipt receiv recov refer refund regard regist registr registrar regul regular relat remain remuner repair repay repres repugn requir reserv resid residenti respect respons rest resum retain return right risk road roof room rs rule s/o safeguard said salari sale sand sandalpur sanitari satisfi save schedul scheme scooter secur sell separ servic set set-out sever sft shall share shop sign similar simpl sinha sink site situat six skid slab society/or society/s socket sole solid soon south space specif stage stainless stair stair-cas stamp stand standard start state station statutori steel stipul stock store stori strict structur sub subject sublet successor successors-in-interest suffer suffici sultanganj super super-built suppli survey survivor sweeper switch synthet t.v t.v.point take taken tauzi tax telephon ten term termin terrac thana thana-biraul therein thereinarchitect thereof thereon thick thing third thursday tile till time titl togeth toilet tole total toward tower tower/s town transfer transferm transform trespass true trust tulsi twelv twice two understood undertak undivid unit unless unsold upon use util v vacant valu variat various vi via viabil vill vill-neori vishwash vitreous vitrifi waiver wall ware wares-whit warn warrant water way well west whatsoev wheather wherea wherebi whereof whether whichev white window wire wit with-hold withdraw within without wood wooden work write written year