agreement

198

Form No. 15

Sale Deed for Agricultural Land in NCT of Delhi Consideratio n Value/Circle Rate* Consideration Stamp Duty Corporation Tax Total Stamp

Rs. ....... ............... ............./...../Rs. ..................../Rs. ..................../Rs. ..................../-

[*See Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty in preceding Forms]  This SALE DEED is executed at NEW DELHI on this ...................... ............................ ...... day of ........................ 20........ by Shri/Smt./Ms. ....................................... ............................... S/o, W/o, D/o ........................................ R/o ............ .................................., hereinafter called “THE VENDOR” (which expression shall mean and include his/her legal heirs, successors, legal representatives, administrators, executors, nominees and assigns). IN FAVOUR OF Shri/Smt./Ms. ...................................................... S/o, W/o, D/o .............................. R/o ........................................................., hereinafter called “THE VENDEE” (which expression shall mean and include its successors, legal representatives, administrators, executors, nominees and assigns). WHEREAS (the VENDOR herein), is the sole, absolute and exclusive owner/ bhumidar and in possession of Agricultural Land measuring .......................... Bighas, situated in Village ..................................., ..................................., Tehsil ...................... ............................... ......... ........, New Delhi, hereinafter referred to as “THE SAID LAND”. AND WHEREAS the SAID LAND is the self acquired property of the VENDOR and the same also stands mutated in the name of the VENDOR in Revenue Records as owner/bhumidar and the VENDOR has full rights, absolute authority to sell, dispose of and transfer the aforesaid land. AND WHEREAS the VENDOR for his/her bona de   needs and requirements have agreed to sell and the VENDEE has agreed to purchase the SAID LAND i.e. for a total consideration of Rs. ..................... /- (Rupees ................. ..................................). AND WHEREAS the VENDOR has obtained the No Objection Certicate for the sale of the SAID LAND in favour of the VENDEE from the Tehsildar (N) Delhi. NOW THIS SALE DEED WITNESSETH AS UNDER :  That in considera consideration tion of the sum of Rs. Rs. .............. .............. //- (Rupees (Rupees ..................... ............), which has already been received by the VENDOR from the VENDEE, in the following manner ................................................. ........................ ................................................. ................................................ ....................................... ............... ................................................. ........................ ................................................. ................................................ ....................................... ............... the receipt of which the VENDOR hereby admits and acknowledges, in full and nal settlement, the VENDOR doth hereby sell, convey and transfer the SAID

SALE DEED FOR AGRICULTURAL LAND IN NCT OF DELHI

199

LAND to the VENDEE, who shall hereafter be the absolute owner/bhumidar of the same and shall enjoy all rights of ownership, possession, privileges, easements and appurtenances whatsoever of the SAID LAND, unto the VENDEE, absolutely and forever.  That the actual physical vacant possession of the SAID LAND has been delivered by the VENDOR to the VENDEE, on the spot, at the time of registration of this SALE DEED. Now the VENDOR has been left with no right, title, interest, claim or concern of any nature in the SAID LAND and the VENDEE has become the absolute owner of the said land, with full right to use and enjoy the same as absolute owner without any hindrance or objection by the VENDOR or any other person claiming under him/her.  That the VENDOR hereby assures the VENDEE that the VENDOR has neither done nor been party to any act whereby the VENDOR’s rights and title to the said land in any way be impaired or whereby the VENDOR may be prevented from transferring the SAID LAND.  That the VENDOR hereby declares and represents that the SAID LAND is not subject matter of any HUF and that no part of the said land is owned by any minor.  That the VENDOR hereby assures, represents and covenants with the VENDEE as follows : (a) That the SAID LAND is free from all encumbrances whatsoever or howsoever. (b) That there is no order of attachment by the Income Tax Authorities or any other authorities under law for the time being in force or by any other authority nor any notice of acquisition or requisition has been received in respect of the SAID LAND. (c) That excepting the VENDOR nobody else has any right, title, interest, claim or demand whatsoever or howsoever in respect of the SAID LAND. (d) That there is no legal impediment or bar whereby the VENDOR can be prevented from selling, transferring and conveying the absolute title in the SAID LAND in favour of the VENDEE. (e) That there is no subsisting agreement for sale in respect of the said land hereby sold to the VENDEE and the same has not been transferred in any manner whatsoever, in favour of any other person or persons. (f) That the VENDOR has a marketable title in respect of the SAID LAND. (g) That there is no notice of default or breach on the part of the VENDOR or its predecessors in interest of any provisions of law in respect of the SAID LAND.  That the VENDOR further assures the VENDEE that the SAID LAND is free from all kinds of encumbrances such as prior sale, gift, mortgage, disputes, litigation, acquisition, attachment in the decree of any court, lien, court injunction, Will, Trust, Exchange, Lease, legal aws, claims, prior Agreement to Sell etc. etc. and if it is ever proved otherwise, or if the whole or any portion of the SAID LAND is ever taken away or goes out from the possession of the VENDEE on account of any legal defect in the ownership and title of the VENDOR then the VENDOR will be liable and responsible to make good the loss suffered by the VENDEE and keep the VENDEE indemnied, saved and harmless against all such losses, costs, damages and expenses accruing thereby to the VENDEE.

200

SALE DEED FOR AGRICULTURAL LAND IN NCT OF DELHI

 That the VENDOR undertakes to have the SAID LAND mutated in favour of the VENDEE in Revenue Records and other concerned authorities, otherwise, the VENDEE can also get the said land mutated in its own name in Revenue Records and other concerned authorities on the basis of this SALE DEED for its certied true copy.  That the Land Revenue and other dues and demands if any payable in respect of the SAID LAND shall be paid by the VENDOR upto the date of handing over the possession to the VENDEE and thereafter the VENDEE will be responsible for the payment of the same.  That the land has not been notied under Section 4 or 6 of Land Acquisition Act, 1894, either for the planned development of Delhi or for any other purposes and is situated in the green belt outside the urbanised limits. This SALE DEED does not contravene the provisions of the Delhi Land Reforms Act, 1954.  That there is no poultry farm, warehouse, cattle live stock, raising of grass on the said land. The said land is agricultural land and shall be used for agricultural purposes.  That all relevant documents in original in respect of the SAID LAND has been handed over by the VENDOR to the VENDEE.  That all the expenses of this SALE DEED viz. stamp duty, registration charges etc., has been borne and paid by the VENDEE. IN WITNESS WHEREOF the VENDOR and the VENDEE have signed this SALE DEED at NEW DELHI on the date rst mentioned above in the presence of the following witnesses.   WITNESSES :—  1.

VENDOR. VENDEE.

2.  __________  Transfer of Immovable Property only by regd Sale-Deed not GPA/SPA : For  Transfer of Immovable Property, the Registered Deed of Conveyance or Sale-Deed is the only mode of legal transfer. General Power of Attorney (GPA) sales or Sale Agreement or Will transfers are not valid mode of transfer and shall not create title to or interest in the property. However, genuine Powers of Attorney (PoA) and transactions shall not be affected. [Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, (2012) 169 Comp Cas 133 (SC) : AIR 2012 SC 206 : (2012) 340 ITR 1 (SC) : See Preliminary Notes earlier in this Chapter]. Deeds of Conveyance or Sale Deeds : See Forms of Deed of Conveyance or Sale Deed for Sale of Immovable Properties in preceding & succeeding Forms to this Chapter. Stamp Duty & Circle Rates in Delhi : See Notes on Rates of Stamp Duty in Delhi [Schedule 1-A] to the Indian Stamp Act, 1899 (Central Act 2 of 1899) as applicable and in force in the National Capital Territory of Delhi (NCT) as amended by the Indian Stamp (Delhi Amendment) Act, 2007 (Delhi Acts 10 of 2007 & 9 of 2010), Sale Deed: Rates of Stamp Duty for Male/Female Vendees in Delhi, Minimum Circle Rates in Delhi (w.e.f. 16-11-2011), Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & T ransfer Duty, List of Colony-Category in Delhi for Calculation of Circle Rates for Stamp Duty [the Govt. of NCT of Delhi website http://www.delhi.gov.in], etc., at the end of preceding Forms. Stamp Duty, eStamping & Registration : See the Indian Stamp Act, 1899 (2 of 1899), Rates of Stamp Duty in various States, eStamping and Compulsorily & Optionally Registrable Documents under the Registration Act, 1908 (16 of 1908), with ofcial websites, in respective later Part/Chapters on Stamp Duty, eStamping & Registration of Deeds & Documents.

201

Form No. 16

Deed of Conveyance (where the consideration is payable by Instalments) THIS DEED OF CONVEYANCE is made at ... this ... day of ... between Mr. ‘A’ of ... (hereinafter referred to as the ‘Vendor’) of the One Part, and Mr. ‘B’ of ... (hereinafter referred to as ‘the Purchaser’) of the Other Part; WHEREAS 1. The Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises situate at ... and more particularly described in the Schedule hereunder written. 2. The Vendor has agreed to sell the said property to the Purchaser at the price of Rs... and has received from the Purchaser a sum of Rs... as earnest money on the execution of the agreement for sale. 3. The balance is agreed to be paid by the Purchaser by instalments as hereinafter provided. 4. The Purchaser has requested the Vendor to execute these presents which he has agreed to do. 5. For the purposes of stamp duty the consideration is valued at . . . . . .market value is estimated at. . . . . . . . NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the sum of Rs.... paid as earnest money as aforesaid and of Rs.... paid on the execution of these presents ( receipt whereof the vendor hereby admits ) and the balance of Rs.... agreed to be paid by the Purchaser to the Vendor by instalments as hereinafter provided, making together the said sum of Rs.... agreed to be paid by the Purchaser to the Vendor, He, the Vendor doth hereby convey and transfer by way of sale unto the Purchaser all that piece of land wit h the building and structures standing thereon situate at ... in the Registration Sub District of ... and more particularly described in the Schedule hereunder written and delineated on the Plan thereof hereto annexed by red coloured boundary line TOGETHER WITH ALL the things permanently attached thereto or standing thereon and all the privileges, easements, profits, rights and appurtenances whatsoever to the said land and other premises or any part thereof belonging or anywise appurtaining thereto and ALL THE estate, right, title, interest, use, possession, benefit, claim and demand whatsoever at law or otherwise of the Vendor to the said piece of land and other the premises hereby conveyed and every part thereof TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever, subject to the payment of all rents, rates, taxes, assessments, dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the same to the Government or the Municipal Corporation of ... or any other public body or local authority in respect thereof.

202 DEED OF CONVEYANCE (WHERE THE CONSIDERATION IS PAYABLE BY INSTALMENTS)

AND the Vendor doth hereby covenant with the Purchaser that, (1) The Vendor now has in himself good right and full power to convey and transfer by way of sale the said piece of land, and other the premises hereby conveyed or intended so to be unto and t o the use of the Purchaser in the manner aforesaid. (2) The Purchaser may from time to time and at all times hereafter peaceably and quietly enter upon, occupy, or possess and enjoy the said land, and premises hereby conveyed with their appurtenances, and receive the rents, issues and profits thereof and every part thereof for his own use and benefit without any suit, lawful eviction or interruption, claim and demand whatsoever from or by him the Vendor or his heirs, or any of them or by any person or persons claiming or to claim, from, under or in trust for him or any of them; (3) The Purchaser shall hold the said land and premises free and clear and freely and clearly and absolutely exo nerated, and forever released and discharged or otherwise by the Vendor and well and sufficiently saved, defended, kept harmless and indemnified of, from and against all former and other estates, titl es, charges and encumbrances whatsoever had, made, executed, occasioned and suffered by the Vendor or by any other person or persons claiming or to claim by, from, under or in trust for him; (4) The Vendor and all persons having or claiming any estate, right, title or interest in the said land, and premises hereby conveyed or any part thereof by, from, under or in trust for the Vendor or his heirs, executors, administrators or any of them shall and will from time to time and at all times hereafter at the request and costs of the Purchaser do and execute and cause to be done and executed all such further and other lawful acts, deeds, things, in the law whatsoever for the better and more per fectly and absolutely granting the said land, and premises and every part thereof hereby conveyed unto and to the use of the Purchaser in manner afor esaid as by the Purchaser, his heirs, executors or administrators and assigns shall be reasonably required. And the Purchaser doth hereby covenant with the Vendor that the Purchaser shall and will pay the said balance purchase price of Rs.... by four equal quarterly instalments of Rs.... the first of such instalments to be paid on or before the ... day of ... the second instalment on or before the ... day of ... and the third instalment on or before the ... day of ... and the fourth instalment on or before the ... da y of ... time being in each case the essence of the contract, AND it is agreed that in the event of default of payment of any instalment on the due date thereof the whole of the said balance or any part thereof remaining unpaid wi ll at the option of the Vendor become due and payabl e at once, And it is further ag reed that the Purchaser will be liable to pay and hereby agrees to pay interest at the rate of Rs. ... per cent per annum o n each and every defaulted instal ment from the date thereof till payment or recovery thereof and the Purchaser agrees and confirms that the said unpaid balance of the price and every part thereof will remain a statutory charge on the said land and premises hereby conveyed under Section 55(4)(b) of the Transfer of Property Act, 1882, and in the event of non-payment thereof the Vendor will be entitl ed to enforce the charge by sale of the said land and pr emises through Court and the Purchaser will be liable to pay all costs, charges and expenses incurred by the Vendor in enforcement of the charge.

DEED OF CONVEYANCE (WHERE THE CONSIDERATION IS PAYABLE BY INSTALMENTS) 203

IN WITNESS WHEREOF the Vendor and the Purchaser have put their respective hands the day and year first hereinabove written.  THE SCHEDULE ABOVE REFERRED TO (Description of the property). Signed And Delivered by the ) withinnamed Vendor Mr. ... ) in the presence of ) Signed and delivered by the ) withinnamed Purchaser Mr.... ) in the presence of ... )

 ___________ 

Note : It is submitted that the unpaid purchase price being a statutory charge on the property sold, no separate Stamp Duty will be payable on the charge; the matter will also be governed by Section 5 of the Indian Stamp Act, 1899. See also Notes at the foot & end of preceding Forms on Conveyance or Sale Deeds. Stamp Duty, eStamping & Registration : See   the Indian Stamp Act, 1899 (2 of 1899), Rates of Stamp Duty in various States, eStamping and Compulsorily & Optionally Registrable Documents under the Registration Act, 1908 (16 of 1908), with ofcial websites, in respective later Part/Chapters on Stamp Duty, eStamping & Registration of Deeds & Documents.