Shown below are the rough and general drafts of documentations. These may be
got verified from legal experts before signing as AAkarashna
Realtors Inc. will not be responsible for any inaccuracies and deficiencies in
these. (M) 09891088944, 9818512450
Email: investments@aakarshna.com,
Website: http://www.aakarshna.com
TRANSFER DEED
THIS
DEED OF TRANSFER is made at _______________(city) this _____ day of _____, 20__,
BETWEEN : __________________________ Indian Inhabitant residing at
______________________________________, (city), hereinafter referred to as "THE
TRANSFEROR" (which expression shall, unless it be repugnant to the
context or meaning thereof be deemed to include her heirs, executors and
administrators) of the ONE PART and
________________________, Indian Inhabitant residing at
_________________________________ _____________________, (city), hereinafter
referred to as "THE TRANSFEREE" (which expression shall unless
it be repugnant to the context or meaning thereof be deemed to include his
heirs, executors, administrators and assigns) of the OTHER PART.
WHEREAS :
i.
The Transferor is a registered member of ________________________
Co-operative Housing Society Ltd., a Co-operative Society formed and registered
under the provisions of the Maharashtra Co-operative
Societies Act, 1960, under Registration No.______________________ dated
__________ situated at _____________________, (city) (hereinafter called "the
said society") and as member of the said society, the Transferor is
holding __ ( ___ ) fully paid up shares of Rs._________/-
(Rupees ___________________ only) each bearing distinctive Nos.___ to ___ (both inclusive) as per the share
certificate No.___ issued by the said society (hereinafter called the "the
said shares").
ii.
By virtue of being member of the said society, the Transferor is
absolutely seized and possessed of and otherwise well and sufficiently entitled
to flat No.___, admeasuring ___ sq.ft. built up area on the _______ floor of building No.__ of
_______________________ (hereinafter called "the said Premises")
situated at _______________________________ (city) belonging to the said
society.
iii.
The Transferor has agreed to sell and transfer to the Transferee,
and the Transferee has agreed to purchase and acquire all right, title and
interest of the Transferor in the said share certificate No.__ and in flat
No.___, on the ground floor of building No.__ of _________________ situated at
_______________ (city), at or for the sum of Rs._________/- (Rupees _____________________ Only)
on the terms and conditions hereinafter contained.
iv.
The Transferee has paid to the Transferor the full consideration
of Rs._________/- (Rupees _________________ only)
before the execution of these presents.
v.
The Transferor has obtained the consent of the said society for
the transfer of the said shares and the said premises to the Transferee.
vi.
The Transferor has executed and handed over to the Transferee the
Transfer forms and all other letters, documents and writings as required under
the Maharashtra Co-operative Societies Rules, 2061
and bye-laws of the said society for the effectual transfer of the said
Premises and the said Shares.
vii.
The stamp duty and registration charges payable in respect of this
Deed of Transfer shall be borne and paid by the Transferee alone. The transfer
fee / premium / Donation payable to the said society in respect of the transfer
of the said shares / premises shall be borne and paid by the Transferee and the
Transferor in equal proportion.
viii.
The Transferor has handed over to the Transferee the vacant and
peaceful possession of the said premises alongwith
the original of the said share certificate and all other documents pertaining
to the said premises and the Transferee has requested the Transferor to execute
these presents which the Transferor has agreed to do in the manner hereinafter
appearing.
NOW THIS
INDENTURE WITNESSETH AS FOLLOWS
:
1. In pursuance of the
aforesaid agreement and in consideration of a sum of Rs._________/- (Rupees _______________ only)
paid by the Transferee to the Transferor on or before the execution of these
presents being the full consideration receivable by the Transferor, (the payment and receipt whereof the Transferor doth
hereby admit and acknowledge) the Transferor for herself and her
heirs, executors and administrators and assigns DOTH HEREBY grant, convey and
transfer unto the Transferee all her beneficial rights, title and interest into
and upon the said shares bearing distinctive Nos.__ to __ (both inclusive) vide share certificate
No.__ issued by the _______________ Co-operative Housing Society Limited and
all funds (including sinking fund) and properties standing in her name in the
records of the said society AND including the flat No.___ admeasuring ___ sq.ft. builtup area on the ____
floor of the building __________ of _______________ of the said society
situated at ____________ ____________ (city) TOGETHER with all the rights and
privileges whatsoever of the Transferor as the member of the said society and
all the rights, title and interest of the Transferor in the said shares and in
the said Premises SUBJECT HOWEVER to the payment by the Transferee of all taxes
and outgoings and other charges now or hereafter payable to the said society or
any other body AND the Transferor doth hereby covenant with the Transferee that
the Transferor is the absolute owner of the said shares/Premises and she has
full right, power and absolute authority to transfer her rights, title and interest
in the said Premises and the said shares in favour of
the Transferee in the manner aforesaid AND the Transferor doth hereby covenant
that she shall at the request and cost of the Transferee sign and execute such
further deeds, documents and papers which the Transferee may reasonably require
to effectively transfer and vest the Transferor's right, title and interest in
the said shares and the said Premises in favour of
the Transferee.
2. The Transferor declares
records and confirms that
a. The said Premises with
all rights attached thereto are free from all encumbrances
charges of any kind whatsoever and the Transferor has observed the bye-laws of
the said society and cleared all dues in respect of the said Premises till the
date of execution of this transfer deed. The Transferor further declares that
the said shares and the said Premises are neither the subject matter of any
litigation, nor the same are attached in the execution of any decree whether of
Government or otherwise.
b. The Transferor has not
created or purported to create any tenancy rights, licence
or other rights of use and occupation in respect of the said Premises.
c. The Transferor has not
contracted to sell / transfer the said Premises / shares to any other person
and the said Premises / shares are free from all encumbrances, liens, charges of any nature whatsoever.
d. The Transferor covenants
with the Transferee that the Transferor shall indemnify and keep Indemnified the Transferee from and against all actions,
claims, demands, charges etc. falling due prior to execution of these presents
in respect of the said shares/ Premises.
e. The Transferor agrees to
accompany the Transferee and/or her legal advisor or her representative to the
office of the Sub-Registrar of Assurance and lodge this transfer deed for
registration and admit the execution thereof.
f. The Transferor agrees to
produce his Income-tax Clearance Certificate u/s. 230A of Income-tax Act, 1961
to enable the Transferee to register this Transfer Deed.
3. The Transferee declares
that on being admitted as a member of the said society he will observe and
abide by the rules regulations and bye-laws of the said society from time to
time in force.
4. The stamp duty,
registration charges if any payable in respect of this deed of transfer and in
any other document to be executed in future in respect of the said Premises /
shares shall be borne and paid by the Transferee alone. The Transfer
premium/charges payable to the said society in respect of the transfer of the
said shares/premises shall be borne and paid by the parties to this Deed in
equal proportion.
IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set and
subscribed their respective hands on the day and year first hereinabove
written.
SIGNED AND
DELIVERED by the )
withinnamed "THE
TRANSFEROR" )
__________________________ )
______________________
in the presence of .........
)
SIGNED AND
DELIVERED by the )
withinnamed "THE
TRANSFEREE" )
___________________________ ) ______________________
in the presence of .........
)
RECEIPT
RECEIVED of and from ___________________________ a sum of Rs_________/- (Rupees
___________________ only) vide Cheque
No.______ dated __/__/20__ drawn on _______________, _________ Branch, (city),
being the full and final payment towards the transfer of share certificate
No.__ issued by _________________ Co-operative Housing Society Ltd. and flat
No.___ on the ______ floor of Building No.__ of ____________ Co-operative
Housing Society Ltd. situated at ________ _______ _____________________, (city)
as within mentioned.
I SAY RECEIVED
____________________________
( __________________________ )
Transferor
WITNESSES :
1.
2.
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Shown above are the rough and general drafts of documentations.
These may be got verified from legal experts before signing as AAkarashna Realtors Inc. will not be responsible for any inaccuracies
and deficiencies in these. (M) 09891088944, 9818512450
Email: investments@aakarshna.com,
Website: http://www.aakarshna.com