Agreement Of Sale


Between the Saharanpur Development Authority, a body created under the provision of the U.P. Urban Planning and Development Act. 1973, hereinafter called the Authority (which expression shall unless the context does not so admit include its successors and assigns) through its Vice-Chairman/Secretary of the one part and Sri/Smt./Km.................................................……………........................................ S/o. W/o. D/o. Sri................................................................………….…................ resident of ..................................................................................................... hereinafter, called the Second Party (which expression shall unless he context does not so admit include his/her heirs successors, executors, administrators and permitted assigns) of the other part, this deed of Agreement to sale provides as hereunder: -

WHEREAS the Authority aforementioned has constructed building on land belonging to it under its scheme for the Economically weaker section/Low Income Group/Middle

AND WHEREAS the Authority wants to transfer the said houses to the persons to whom they have been allotted by the Authority vide allotment order Dated.........................

AND WHEREAS the Authority has decided to transfer by way of lease the land underneath the said building and to sale the superstructure standing thereon to the second party on the terms and conditions hereinafter provided.

NOW, therefore, this agreement to sell the second party the building standing on the said land provides as follows, it being clearly agreed that this deed has nothing to do with the land on which the building stands in as much as the land in question is being given on lease to the Second Party by a separate deed of agreement to lease executed between the parties.

  1. The Authority is the owner of the land as also the building standing which are described hereinafter and for the sake of further clarity the land is shown in the scale plan forming party of this deed.
  2. The Second Party undertakes to pay to the First Party in the installments given hereunder the full amount of sale consideration for purchase from the Authority the said building.
  3. The Second Party shall pay the afforesaid amount of consideration to the Authority in lump-sum or in half yearly installments in all. A sum of Rs....................................................heaving been already paid to the Authority is hereby acknowledged and the further installments including interest due thereon shall be paid by the second party on or before the dates stated against them if any installment is not paid on the due date, the interest @.................................% will be charged from the date it feel due till the date of payment.
    1............................................... 2. ............................................

    3............................................... 4.............................................

    5............................................... 6.............................................

    7................................................. 8.............................................

    9............................................…. 10..........................................

    11............................................... 12...........................................

    13............................................... 14...........................................

    15............................................... 16...........................................

    17............................................... 18...........................................

    19............................................... 20...........................................

    Provided that the Second Party will have the option to pay the entire amount in lump-sum at the time of payment of first or subsequent installments to the Authority in which case it shall not be liable to pay interest @ ................... % thereon, as included in the amount of installments stated above.

  4. The amount aforementioned shall be paid by the Second Party to the first party regularly without fail at the office of the Authority at Hapur Road, Saharanpur and it will not be necessary for the Authority to make any demand for the same.
  5. In case the total amount of sale consideration as stated above is regularity paid by the second party to the Authority along with the monies payable under the Agreement to leases executed separately between the parties in respect of the land on which the building stands the Authority will on payment of the full amount, execute in favour of the Second Party a deed of sale of the building in question in order to transfer the same absolutely to the Second Party.
  6. The sale deed in question shall be executed in the form prescribed by the Authority and the Draft therefore in force at the time when the same is to be executed in favour of the second party after all payments as stated above have been made by him/her will be acceptable to the Second Party.
  7. The building in question is situated on Plot No. .................................. block No. ........................of scheme No..................................... at Saharanpur having by admeasurements......................sq. yds. of land bounded as below :-

    On the North by

    On the South by

    On the East by

    On the West by

    It is agreed that the Authority will remain the full owner of the building till actual sale of the property by way of execution of the saledeed is made in favour of the second party.

  8. The second party will have full right to lay water mains, drains, sewer or electric wires under or above the demised premises and would also have full right and title to all mines and minerals in and under the land in question or any party there of.
  9. It is clearly understood between the parties that this deed creates no interest in the building in question if favour of the second party and create only a contractual obligation where under on performance in full of the conditions of this agreement the second party would be entitled to obtain from the Authority a deed of sale to transfer the building infavour of the second party on the terms and conditions stated in this deed.
  10. It is also a condition of this agreement that the entire amount of taxes or rates or any other duty whatever imposed by the government or any other authority or local body in respect of the land or the building standing there on shall be paid by the Second Party and the Authority will not be liable to pay the same from the date of the allotment there of to the date of occupation of the same by the second party.
  11. On execution of this agreement and its registration before the Sub-Registrar at Saharanpur the Authority shall deliver possession of the building and the second party will thereafter be entitled to make a reasonable use of the same.
  12. The second party will be liable to keep the building in tidy conditions and will keep it neat and clean and will not occasion or causes any nuisance of any kind thereon.
  13. The second party will be entitled to uses the property in question only for residential purpose and will be entitled to uses it for any other purposes whatsoever.
  14. The second party will not be entitled to make any additions or alteration in the building in question and will keep it in the condition in which it is given to it till the execution of the deed or sale in its favour as hereinabove mentioned.
  15. In case any damage is caused to the building on account of natural calamity or violence of any mob or army or any other clamity beyond human control, the loss shall be borne by the Second Party and the Authority will in no case be liable for the same.
  16. The second Party has satisfied itself about the condition and the quality of the building and the material used in constructing the same and it will have no right at all to make any complaint or grievance in respect of the same after execution of this agreement.
  17. In case Second Party commits a breach of the terms and conditions to this agreement, it would be open to Authority to take appropriate action for eviction of the second party from the property in question and also to charge from the second party compensation for use and occupation of the property at Rs................................per month for the whole duration of its occupation there of.
  18. It is further made clear between the parties that the second party will pay to the Authority on demand by it any further amount that may on final calculation of costs of the building put up there in may be demanded by the Authority form the Second Party and the Vice-Chairman of the Authority would be the sole judge of the question as to what further amount is due from the Second Party on such final calculation of the cost there of and the Second Party will not be entitled to question the decision of the authority or of its Vice-Chairman in respect thereof.

  19. It is also a condition of this deed that the Second Party will perform all the terms and conditions of this agreement and executed a separate deed of lease between the parties for demise of the land in question and unless the same are faithfully and truly performed and discharged by the Second Party, the Second Party will not be entitled to obtain a deed of sale of the building in question as contemplated in this deed.
  20. That the costs of execution of this deeds aforesaid as also of this deed shall be borne by the Second Party.
  21. That after the full and final payment of the building and the lease of land, the second party shall, without fail get executed and sale deed in his favour with in 3 months, failing which it shall be open for the Authority to cancel) the allotment and rescind this agreement.
  22. It is further made clear that in case it is found that the allotment has been obtained by concealment of fact or by misrepresentation the Authority will have a right to cancel the allotment and rescind this agreement.
  23. It is further clearly agreed that the terms and conditions of allotment as communicated by the Authority to the Second Party in connection with the allotment of the flat, shall always form part of the agreement and shall be binding on the Second Party.
    In witness the parties named above have signed this agreement to lease on ...................................day of………………………..at Saharanpur.

    SAHARANPUR DEVELOPMENT AUTHORITY

    Second Party

    Witness No. 1

    Witness No. 2