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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 sale consideration for purchase from
the Authority the said building.
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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.
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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 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.
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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 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.
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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 all
payments as stated above have been made by him/her will
be acceptable to the Second Party.
- 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 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.
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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 there of.
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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.
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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 its 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 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.
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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 there of.
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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 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.
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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 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 concealment
of fact or by misrepresentation the Authority will have
a right to cancel the allotment and rescind this 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
