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Sale Deed Drafting and Pleading, Schemes and Mind Maps of Civil Law

It is a part of the Drafting course of Civil Procedure code 1908

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 05/31/2023

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D E E D O F A B S O L U T E S A L E
This DEED OF ABSOLUTE SALE (“Sale Deed”) is made and
executed on this the Fourth day of February, Two Thousand and
Twenty Two (04/02/2022), at _____
BY:
Mr._______, son of ______, aged about years residing at
___________ [hereinafter referred to as the “VENDOR” (which
expression shall, wherever the context so requires or admits, be
deemed to mean and include their respective legal representatives,
legal heirs, successors, executors, administrators, nominees and
permitted assigns), OF THE FIRST PART
TO AND IN FAVOUR OF:
________ [AADHAAR: 2143 7135 7598], aged about ____ years, son
of Mr. ________, residing at _________, hereinafter referred to as the
“PURCHASER” (which expression shall, wherever the context
permits, mean and include all his legal heirs, legal representatives,
successors, executors, administrators, nominees and permitted
assigns) OF THE OTHER PART.
The Vendors, the Confirming Party and the Purchaser shall
hereinafter, wherever the context may so require or permit, be
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D E E D O F A B S O L U T E S A L E

This DEED OF ABSOLUTE SALE (“ Sale Deed ”) is made and executed on this the Fourth day of February, Two Thousand and Twenty Two ( 04/02/2022 ), at _____ BY:

Mr._______ , son of ______, aged about years residing at

___________ [ hereinafter referred to as the “VENDOR” (which

expression shall, wherever the context so requires or admits, be deemed to mean and include their respective legal representatives, legal heirs, successors, executors, administrators, nominees and permitted assigns), OF THE FIRST PART TO AND IN FAVOUR OF: ________ [AADHAAR: 2143 7135 7598], aged about ____ years, son of Mr. ________, residing at _________, hereinafter referred to as the “PURCHASER” (which expression shall, wherever the context permits, mean and include all his legal heirs, legal representatives, successors, executors, administrators, nominees and permitted assigns) OF THE OTHER PART. The Vendors, the Confirming Party and the Purchaser shall hereinafter, wherever the context may so require or permit, be

collectively referred to as the “ Parties ” and individually as a “ Party ”, as the case may be. I. WHEREAS:

A. The Vendors have represented to the Purchaser that they are

the absolute owners of, or otherwise well and sufficiently entitled to, all that piece and parcel of immovable property being Residential Vacant Site bearing _______ measuring _________, situated at ________, which is more fully described in the ‘ Schedule ’ hereto and hereinafter referred to as the “ Schedule Property ”.

B. The Vendors have represented to the Purchaser that they had

acquired absolute right, title and interest to the Schedule Property under an Allotment Letter bearing Reference No. KIADB/LA/ALLOTMENT/99/2005-06 dated 16.11.2005, issued by the Special Land Acquisition Officer, Bengaluru International Airport, KIADB, Bengaluru. The Khatha/ Revenue Records/ respect of the Schedule Property is standing in the name of the Vendor No. 1.

C. The Vendors have represented to the Purchaser that they are

the joint and absolute owners of the Schedule Property, with uninhibited rights of alienation over the same; and that they have been and continues to be in uninterrupted use, occupation, peaceful possession and enjoyment of the Schedule Property, without any let or hindrance, claim, demand from any third party in any manner whatsoever.

(ii) The Vendors came to absolutely own and possess the Schedule Property in the manner stated in the recitals to this Sale Deed; and no person other than the Vendors have any right, title, interest in or claim over the Schedule Property. (iii) The Vendors have not done and will not do any acts, deeds or things, which are likely to curtail, restrict or prejudice his right to convey or prevent him from conveying the Schedule Property or any part thereof to the Purchaser in terms of this Sale Deed. (iv) The Vendors have not entered into any arrangement and/ or agreement to sell or otherwise in respect of the Schedule Property in any manner whatsoever by whatever name it may be called, to and in favour of any third party/ies. (v) There exists no distress, court or other attachment, charging order, garnishee order, recovery proceedings towards arrears of land revenue or property taxes, lien, charges, lis pendens , clogs and hindrances, minor claims or otherwise, execution or other process which a court or recovery officer or similar body or authority may use to prejudice the marketability and clear title of the Purchaser after the execution of this Sale Deed or create any restriction of any nature on the transfer of the Schedule Property or any part thereof in the manner contemplated herein, with regard to payment of any debt,

tax, duty, cess or outstanding, of any nature whatsoever in respect of the Schedule Property. (vi) There are no acquisition/ requisition proceedings in respect of the Schedule Property pending or concluded before any governmental/ statutory authority. (vii) The Schedule Property are not the subject matter of any legal proceedings in any Court of law or before any other government, statutory, local and/ or other authority. (viii) The Vendors are not debarred from holding or transferring the Schedule Property under any law or regulation for the time being in force. There are no impediments, legal or otherwise, for the Vendors to convey full and absolute title to the Schedule Property in favour of the Purchaser and further there are no restrictions whatsoever on the Vendors from alienating the Schedule Property. (ix) There are no pending disputes, actions, claims or demands with any third parties, including adjoining or neighboring owners, with respect to the Schedule Property, or any boundary walls and fences, or with respect to any easement, right or means of access to the Schedule Property or its use and occupation or in relation to any neighboring properties or its use or occupation. (x) There is no other matter of which the Vendors are or ought to be aware, which adversely affects the value or use of the Schedule Property or its user or enjoyment or

Schedule Property hereby conveyed unto the Purchaser absolutely and forever.

2. Payment of Sale Consideration: 2.1. The total Sale Consideration of Rs. 12,05,0000/- (Rupees Twelve Lakhs Five Thousand only) has been paid by the Purchaser to the Vendors herein, in the following manner: (a) A sum of Rs. 3,01,250/- (Rupees Three Lakhs One Thousand Two Hundred and Fifty only) paid to the Mr. Lokesh, the Vendor No. 1 herein, vide Demand Draft bearing No. 267510 dated 31.01.2022, drawn on Karnataka Bank LTD, Akshaya Nagar Branch, Bengaluru; (b) A sum of Rs. 3,01,250/- (Rupees Three Lakhs One Thousand Two Hundred and Fifty only) paid to the Mrs. Lakshmamma, the Vendor No. 5 herein, vide Demand Draft bearing No. 267508 dated 31.01.2022, drawn on Karnataka Bank LTD, Akshaya Nagar Branch, Bengaluru; (c) A sum of Rs. 3,01,250/- (Rupees Three Lakhs One Thousand Two Hundred and Fifty only) paid to the Mrs. Girijamma, the Vendor No. 8 herein, vide Demand Draft bearing No. 267509 dated 31.01.2022, drawn on Karnataka Bank LTD, Akshaya Nagar Branch, Bengaluru; (d) A sum of Rs. 3,01,250/- (Rupees Three Lakhs One Thousand Two Hundred and Fifty only) paid to the Mrs.

Bhagyamma, the Vendor No. 11 herein, vide Demand Draft bearing No. 267511 dated 31.01.2022, drawn on Karnataka Bank LTD, Akshaya Nagar Branch, Bengaluru; 2.2. The Vendors hereby acknowledge receipt of the entire Sale Consideration as hereinabove mentioned. The Vendors and the Confirming Party hereby acquit and discharge the Purchaser in respect of payment of the entire sale consideration. 2.3. The Vendors hereby confirm that the sale consideration received from the Purchaser, as mentioned at Clause 2. above, for the sale and conveyance of the Schedule Property is sufficiently provided for. 2.4. The Confirming Party hereby confirms that he has been refunded with all the advance sale considerations from the Vendors and he has no subsisting interest in the Schedule Property.

3. Delivery of Possession: 3.1. The Vendors have on this day delivered vacant physical possession of the Schedule Property to the Purchaser and the Purchaser hereby acknowledge having taken delivery of possession of the Schedule Property. 3.2. The Purchaser shall be entitled to peacefully and quietly possess, enter into, retain, hold, use and enjoy the Schedule Property as the Purchaser’s own and absolute properties,

5.2. The Vendors hereby declare and covenant that the property taxes/ land revenue and public dues, if any, in respect of the Schedule Property have been paid up to date and further agree and undertake to pay all such property taxes/ land revenue and public dues up to the date of execution and registration of this Sale Deed; and the Vendors further agree that if any property taxes/ land revenue and public dues are found to have remained unpaid in respect of a period prior to the date of execution and registration of this Sale Deed, the Vendors shall be liable to discharge the same.

6. Declarations, Covenants and Warranties of the Vendors: The Vendors hereby declare, covenant and warrant to the Purchaser that: (i) The Purchaser shall be absolutely entitled to the Schedule Property and shall have the complete and absolute right and liberty to sell, mortgage, lease or otherwise alienate the Schedule Property or offer the same as collateral for any loans or financial assistance to be obtained from any bank or financial institutions, without any consent of, or reference whatsoever to the Vendors; (ii) The Purchaser shall be entitled to deal with the Schedule Property in any manner whatsoever and howsoever the Purchaser may deem fit, necessary or appropriate; (iii) The Schedule Property can be utilized by the Purchaser without any let or hindrance or obstruction under law or

by any person whosoever claiming through the Vendors and/ or on behalf of the Vendors; (iv) The Vendors hereby covenant and undertake to execute such other document/s at the request, as may legally and reasonably be required by the Purchaser, to more fully satisfy and assure that the Purchaser is the sole and absolute owner of the Schedule Property. The Vendors further covenant and undertake to do or cause to be done at all times all acts, deeds and things as may be necessary and that are reasonably and legally required for more fully and perfectly assuring the right, title, interest and peaceful and effective possession of the Schedule Property unto and in favour of the Purchaser.

7. Indemnity: The Vendors hereby agree and assure to keep the Purchaser and his legal heirs, legal representatives and successors-in-title fully indemnified and held harmless against any loss or liability, costs, claims, action or proceedings that may arise or be initiated against the Purchaser and/ or his legal heirs, legal representatives and successors-in-title in respect of the Schedule Property, on account of the Purchaser’s right to remain in peaceful possession and enjoyment of the Schedule Property as absolute owners thereof being disturbed in any manner whatsoever, or on account of any defect or deficiency in the title of the Vendors; and the Vendors agree to defend the right, title and interest of the Purchaser to the Schedule

All that piece and parcel of immovable property being Residential Vacant Site _____ measuring on the _______), situated at _________, and bounded as follows: On the East by : Site No. On the West by : Site No. On the North by : Road; and On the South by : Site No.. Together with all appurtenances, easements, estate, right, title, interest, entitlement, claims and demands whatsoever thereto to and in relation to the aforesaid properties. IN WITNESS WHEREOF the Parties hereto have executed this DEED OF ABSOLUTE SALE on the day, month and year first above written in the presence of the following Witnesses: Vendor: _______________________

Purchaser:


Witnesses: (1)________________ Name: Address: (2)_____________________ Name: Address: