Agreement to Sell

AGREEMENT TO SELL

This Agreement to Sell is executed on _____ day of ________ 2006, at ___________(city name)between Sh. ________________________________________________ ____________________ (hereinafter called as the Seller) which terms shall where the context so admits, includes their heirs, legal representative/s, executor/s, successor/s, administrator/s etc. of the one part;

AND

Sh. _______________________________________________ _____________________________ (hereinafter called as the Purchaser) which terms shall where the context so admits, includes her heirs, legal representative/s, executor/s, successor/s, administrator/s etc. of the other part.

Whereas the sellers is/are the sole and absolute owners of House ______, Sector____, Chandigarh. The said house is free from all other encumbrances i.e. sale, gift, Will, mortgage, claim, attachment etc.

Whereas the sellers is/are interested for sale of above mentioned house No.______, Sector ____ Chandigarh and the purchaser/s is/are interested in purchasing the same and both the parties have mutually agreed on the following terms and conditions:-

The seller hereby acknowledges the receipt of the same.

1. That the total sale price of _____ share of SCO No. ____, Sector ____, Chandigarh has been fixed for Rs. _______________ out of which a sum of Rs. _______ have been paid as earnest money in cash by the purchaser/s to the seller/s vide separate receipt.

2. That the last date for final payment and execution and registration of sale deed has been fixed at ______________.

3. That the seller/s shall insist the purchaser/s to obtain the permission to sell/NOC from the Estate Office,_____________(city) and shall also obtain No Due Certificate from the Estate Office. 7

4. That the seller shall hand over the symbolic possession of the ___________ Floor of the said SCO and the original documents relating to the said SCO to the purchaser at the time of execution and registration of sale deed and full and final payment.

5. That the purchaser/s is/are at liberty to get the sale effected in his/her/their own name/s or in the name/s of his/her/their nominee.

6. That all the expenses for the stamp papers and registration charges for the registration of sale deed shall be borne by the purchaser only.

7. That the said property has been booked for further sale and the said purchaser has rights to enter into agreement to sell with any intending purchaser for sale of the said SCO.

8. That this bargain has been finalised with the best efforts of M/s _________________ __________________________ to whom both the parties (seller and purchaser) shall seperately pay ___% commission on the total sale price and defaulter party will pay ___% commission to the said property dealer, without any hesitation and delay.

9. That in case the said seller/s backs out from this bargain, then the said seller/s shall be liable to pay to the said purchaser double the amount of earnest money received by the said seller from the said purchaser and the purchaser shall have the option/right either to accept such liquidated damages or two get the sale effected through court of law under performance of Specific Releif Act at the cost of said seller/s.

10. That in case the seller/s back out from the bargain, the purchaser/s can get the sale effected through court of law and can claim damages alongwith specific performance of this agreement to sell. The damages for that purpose shall be assessed at the market rate. In case the purchaser/s back out from the bargain the earnest money shall stand forfeited.

11. That this agreement has been prepared in duplicate. The original has been kept by the purchasers and carbon copy by the sellers.

In witness whereof both the parties have signed this agreement to sell, on the day, month and year mentioned above.

Witness No.1. Seller/s

Witness No.2. Purchaser/s