Between the Ghaziabad 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 Income Group at various
places at Ghaziabad.
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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 No............................... |
AND WHEREAS the Authority has decided to transfer by way of
lease the land underneath the said building (without the superstructure
standing thereon) to the second party on the terms and conditions
hereinafter provided
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NOW, therefore, this agreement to lease the said land excluding
the building thereon to the second party witnesth as follows,
it being clearly understood that this deed has no thing to do
with the building standing on the said land. |
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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.
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The Second Party undertakes to pay
to the First Party in the installments given hereunder
the full amount of premium for taking from the Authority
the said plot land on a lease for a total period of 90
years calculated from the date of executor of this agreement.
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The aforesaid amount of consideration
shall be paid by the Second Party to the
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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.
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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 installment to the authority
in which case it shall not be liable to pay interest
@ ...................% thereon, as included in the amount
of installments stated above.
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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,
Ghaziabad and it will not be necessary for the Authority
to make any demand for the same.
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In case the total amount of premium
as stated above is regularly paid by the second party
to the Authority will no payment of the full amount executed
in favour of the Second Party a deed of lease of the land
in question in order to created a demises there in favour
of the Second Party for the period of 90 years commencing
from the date of execution of this agreement.
- The Second Party has also paid a sum of Rs. being 10%
of the premium of land towards one time lease rest for full
terms of lease for 90 years, the receipt where of is here
by acknowledged by the Authority.
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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 ail
payments as stated above have been made by him/her will
be acceptable to the Second Party.
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The building in question is situated
on Plot No. .................. block No. ...............of
scheme No.................... at Ghaziabad 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 further agreed that the Authority will remain
the full owner of the plot till such actual demise of
the property by way of lease for the period stated above
is made in favour of the Second Party by executing the
lease deed of the same
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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 thereof.
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It is further understood between the parties that this
deed created in the building standing on the land in
question in favour of the Second Party and createds
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 lease to demise the land in favour of the
Second Party for a period of 90 years from the date
of this agreement on the terms and conditions stated
in this deed.
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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.
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On execution of this agreement and its registration
before the Sub-Registrar at Ghaziabad the Authority
shall deliver possession of the building and the second
party will thereafter be entitled to make a reasonable
use of the same.
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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
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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.
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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 ifs favour as hereinabove
mentioned.
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In case any damage is caused to the building on account
of natural calamity or violence of any mob or army or
any other clarify beyond human control, the loss shall
be borne by the Second Party and the Authority will
in no case be liable for the same.
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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.
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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 thereof
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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 thereon 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.
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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.
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That the costs of execution of this deeds aforesaid
as also of this deed shall be borne by the Second Party.
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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 of the building in his
favour with in 3 months, failing which it shall be open
for the Authority to cancel the allotment and rescind
this agreement.
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It is further made clear that in case it is found
that the allotment has been obtained by cancealment
of fact or by misrepresentation the Authority will have
a right to cancel) the allotment and rescind the agreement.
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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
Ghaziabad
GHAZIABAD DEVELOPMENT
AUTHORITY
Second Party
Witness No. 1
Witness No. 2
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