SALE-DEED

Sale of immovable property is dealt with by the Transfer of property Act, 1882. Indian
Registration Act provides the manner of registration and Specific Relief Act deals with the
cancellation and rectification of the sale-deed. These enactments are supplementary to each
other in the matter of sale of immovable property, Sale of movables is the subject of Sales of
Goods Act. According to section 54 of the Transfer of Property Act "Sale" is a transfer of
ownership for price paid or promised or part paid or part promised.
 The contract for sale of immovable property must be in writing.
 Section 55 of the Transfer of Property Act, 1882 lays down the duties, obligation and rights
of the vendor and purchaser under an agreement of sale, as well as for sale in case of absence
of contract to the contrary.
 Sale deed is chargeable with the stamp duty.
 Where the value of the immovable property is more than Rs. 100, it is required to be
compulsorily registered.
 An agreement for sale and sale deed should clearly show: who are the parties to the contract
(Vendor/Vendee or Vendor/Purchaser or Seller/Buyer); the subject matter; the intention to
sell and buy; the price agreed and how it is to be paid and other terms of the contract.
 The contract for sale of immovable property is usually preceded by an agreement for sale.
The basic essentials of a valid sale are:
(a) The seller must be competent to contract and he must not be a person disqualified
to be a transferor.
(b) The immovable property must be transferable and there must be transfer of
ownership i.e, possession, free enjoyment and disposition of the property being sold
must go to the buyer.
(c) A fixed price must be the consideration of sale; transfer must be in exchange for a
price paid or promised, or partly paid and partly promised.
(d) Such transfer, in the case of tangible immovable property of the value of one
hundred rupees and upwards, or in the case of a reversion or other intangible things
must be made by registered instrument.
(e) In the case of tangible immovable property, of a value less than one hundred
rupees, such transfer may be made either by registered instrument or by delivery of
property, Delivery of tangible immovable property takes place when the seller places
the buyer or such person as he directs, in possession
A contract for Sale and a sale-deed are quite different. A contract for the sale of the property.
of immovable property is a contract that a sale of such property shall take place on terms
settled between the parties. It does not, of itself, create any interest in or charge on such
property. The rights of the buyer and seller are described under section 55 of the Transfer of
Property Act.
AGREEMENT FOR SALE
THIS AGREEMENT is made at …………on this …………day of………. BETWEEN Mr.
A aged……..s/o……….r/o….. (hereinafter referred to as the VENDOR which expression
shall, unless repugnant to the context or meaning thereof shall mean and include his heirs,
executors, administrators and assigns of the FIRST PART).
AND
Mr. B aged ……….s/o……….r/o….. (hereinafter referred to as the VENDEE/PURCHASER
which expression shall, unless repugnant to the context or meaning thereof shall mean and
include his heirs, executors, administrators and assigns of the SECOND PART).
WHEREAS the Vendor is the absolute owner of the property bearing no…….
measuring….situated at………(hereinafter referred to as the said property).
AND WHEREAS the Vendor has agreed to sell the said property to the Vendee at the price
and on the conditions mentioned hereinafter.
NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. The Vendor hereby agrees to sell, transfer and convey the said property in favour of the
Vendee.
2. That the consideration of Rs….is to be paid by the Vendee to the Vendor. Rs…..is to be
paid at the execution of this agreement as earnest money. Rs….on…..(date) and lastly
Rs….at the time of final sale deed.
3. The Vendor acknowledges the payment of Rs….as earnest money paid in cash/cheque/dd
no…drawn on …… (Bank name and Branch) by Vendee.
4. The Vendor shall make out a marketable title of the said property free from encumbrances
and reasonable doubts.
5. The Vendor shall deliver to the Vendee the title deeds relating to the said property in his
possession and power on execution of these presents for inspection and investigation of the
title by the Vendee or his advocate.
6. The Vendor agrees to apply for, obtain and furnish unto the Vendee all such permissions as
may be necessary under the laws for registration of Sale Deed.
7. The Vendor and the Vendee hereby agree that the sale will be completed within six months
from the date hereof.
8. All the taxes, levies etc due and payable against the said property shall be paid by the
Vendor till the completion of sale and thereafter it will be the responsibility of the purchaser.
The Vendor shall handover all the tax receipts etc. duly paid to the Vendee at the time of
completion of sale.
9. The Vendor agrees to handover actual, physical and vacant possession of the said property
unto the Vendee at the time of sale deed.
10. That the expenses towards the payment of stamp duty, registration charges and all other
incidental expenses for agreement for sale and sale deed shall be borne out by the Vendee.
11. If the Vendor fails to make out the clear marketable title to the said property as aforesaid
then the Vendee will have the right to cancel this agreement by giving atleast fifteen days
notice to the Vendor and after the expiration of fifteen days the agreement shall stand
terminated and the Vendor agrees to return the earnest money to the Vendee.
12. If the Vendee fails to perform his obligations under this agreement within the time
stipulated then the Vendor shall be entitled to cancel this agreement by giving atleast fifteen
days notice in writing to the Vendee. On termination the Vendor will be entitled to forfeit the
earnest money paid by the Vendee.

SCHEDULE OF PROPERTY
Details of the property to be mentioned.
IN WITNESS WHEREOF parties hereunto have signed this document on the date and place
first above written in the presence of following witnesses.
VENDOR
VENDEE
WITNESSES:
(1)
(2)

SPECIMEN DEED OF SALE

This Sale deed is executed at Delhi this 10th day of January, 2004
BY
A, son of ......, resident of......., hereinafter called 'the Vendor', which expression shall, unless
repugnant to the context or meaning hereof, mean and include his heirs, successors, legal
representatives, administrators, executors, nominees and assigns, of the First Part;
AND
B, son of ......, resident of...... hereinafter called 'the vender", which expression shall, unless
repugnant to the context or meaning hereof, mean and include his heirs, successors, legal
representatives, administrators, executors, nominees and assigns, of the Other Part

WHEREAS the Vendor is the absolute owner of property bearing No. 120,..., New Delhi,
built over an area of 222.11 sq, yds., more particularly described in the Schedule annexed
hereto and with the boundaries thereof marked in red for greater clearance and delineated on
the Plan also annexed hereto, hereinafter referred to as the 'said property';
AND WHEREAS the Vendor has declared and represented to the Vendee that he has
acquired the said property by way of inheritance from his father Sh..... who died intestate on
21st January, 1981 leaving behind only the Vendor as the sole legal heir;
AND WHEREAS the Vendor has further declared and represented to the Vendee that the said
property is the self-acquired property of his father Late Sh..... who purchased the same from
Sh..... on 21 September, 1966 vide sale-deed duly registered before the Sub-Registrar, New
Delhi.
AND WHEREAS, vide Agreement to Sell dated 5th December, 2003, the Vendor had agreed
to sell the said property to the Vendee for a total consideration of Rs. 7,50,000/- (Rupees
Seven lakhs and fifty thousand only) and from the Vendee has received a sum of Rs
2,50,000/-(Rupees Two lakhs fifty thousand only) vide a cheque no.... dated 5th December,
2003, drawn on State Bank of India, Parliament Street, New Delhi, as earnest money and the
balance sale consideration of Rs. 5,00,000/-(Rupees Five lakhs only) was agreed to be paid
by the Vendee to the vacant and peaceful possession of the said property to the Vendee at the
time of the execution of the said Agreement to Sell;
AND WHEREAS the Vendor has obtained the requested Income-tax Clearance under
Section 230-A (1) in Form 34-A of the Income-tax Act, 1961:
AND WHEREAS the parties have complied with their obligations under the aforesaid
Agreement to Sell and now desire to complete this transaction by means of this regular sale-
deed.
NOW THIS INDENTURE WITNESSES AS FOLLOWS
1. That in pursuance of the aforesaid Agreement to Sell and in consideration of a total
sum of Rs. 7,50,000/- (Rupees only) out of which a sum of Rs. 2.50,000/- (Rupees
only) received by the Vendor on 5th December, 2003 by way of cheque No., dated
drawn on as earnest money which the Vendor again admits and acknowledges and the
payment of the remaining consideration of Rs. 5,00,000/ (Rupees...... only) to be
made by the Vendee at the time of presentation of this sale-deed for registration by
means of Draft No. drawn on dated for Rs. 5,00,000/- (Rupees..... only) transfers
UNTO the Vendee the whole of the an area property bearing No. 120,........ New
Delhi, built over an e of 222.11 sq. yds., more particularly described in the Schedule
and Plan annexed hereto, together with all rights, privileges benefits and easements
appertaining to the said property and the structures thereof belonging to or in any way
usually held, enjoyed or reputed to be known as part and parcel thereof, And all its
rights, title and interest whatsoever therein UNTO AND UPON the property hereby
sold, conveyed, transferred, assigned and assured UNTO the Vendee ABSOLUTELY
AND FOREVER

2. The actual physical possession of the said property has already been delivered by the
Vendor to the Vendee, on 5th December, 2003, upon the execution of the Agreement to Sell,
which the Vendee hereby again admits and acknowledges.
3. The Vendor covenants with the Vendee that the property hereby sold, conveyed and
assigned by him to the Vendee is his absolute property free from all claims, liens, disputes,
encumbrances, mortgages and charges of any sort and that he is the sole, absolute and
exclusive owner of the same and has full right, power and lawful authority to sell and assign
his right, title and interest therein to the Vendee and that he has never done any act, deed or
thing which may, in any manner, impair his right, power and lawful authority to sell and
assign his right, title and interest therein to the Vendee and that henceforth, the Vendee shall
be the rightful and absolute owner and shall possess all the rights, title and interest as the
Vendor in the said property owns and shall enjoy all benefits and profits thereof without any
claim, demand or interruption by any person claiming under or through or on behalf of the
Vendor in any manner whatsoever.
4. That the Vendor further covenants with the Vendee that in case the assurances stated above
as regards his title or any part. thereof or his right to transfer/possession/quite enjoyment of
the said property are found to be incorrect and false or is assailed by anybody else claiming
for, through or under him or otherwise at any future date and the Vendee suffers any loss or
expense or the whole or any part of the property hereby sold or conveyed is taken away or
found encumbered due to any fault in his ownership, then the Vendor shall be liable to make
good the loss suffered by the Vendee and shall keep the Vendee indemnified against all
losses, costs and expenses accruing thereby.
5. The Vendor hereby further undertakes to do all acts and deeds necessary for getting the
said property mutated in favour of the Vendee in the relevant municipal and other records and
also to execute any document that may be required in order to more perfectly assure the said
property in his favour.
6. That all the rates, taxes, charges and other dues and demands, if any, payable in respect of
the said property up-to-date shall be borne and paid by the Vendor and thereafter by the
Vendee.
7. That henceforth the Vendee shall be within his right to carry out any construction, addition,
alteration and/or demolition of the said property.
8. The original documents of ownership of the said property have been delivered by the
Vendor to the Vendee.
9. All costs of the stamps and registration charges in respect of the said sale have been borne
by the Vendee.

IN WITNESS WHEREOF the parties have set their respective hands on this sale-deed
on the day, month and year first above written.

Witnesses
Vendor
1.
2.
Vendee
Mortgage Deed
A 'mortgage' is a kind of security given by the borrower-debtor (mortgagor) for repayment of
the loan to the lender-creditor (mortgagee). The object of a mortgage is to secure the debt or
other obligation. It protects a lender, for even if the borrower becomes insolvent the money
can be realized from the property given by way of security.
According to Sec. 58 (a) of the Transfer of Property Act, a "mortgage" is the transfer of an
interest in specific immovable property for the purpose of securing
(i) the payment of money advanced (or to be advanced) by way of loan,
(ii) an existing or future debt, or
(iii) the performance of an engagement which may give rise to a pecuniary liability.
The transferor is called a 'mortgagor', and the transferee a 'mortgagee'. The principal money
and interest of which payment is secured for the time being are called the 'mortgage-money',
and the instrument (if any) by which the transfer is effected is called a 'mortgage-deed'. The
words mortgagors' and 'mortgagees' also include persons deriving title from them
respectively.
Unlike 'sale' or 'gift', a mortgage is not the transfer of absolute interest in the property. Again,
unlike 'lease' (which is also the transfer of an interest on payment of rent), the purpose of the
transfer of an interest in the mortgaged property is to secure the payment of a loan. In lease',
there is a transfer of a right to enjoy a property for a certain time. In a mortgage, a right of
possession and enjoyment of the usufruct may not necessarily be given.
Elements of a Mortgage:
 Transfer of an interest.
 Interest made in specific immovable property.
 Transfer must be to secure the payment of a loan or to secure the performance of a
contract.
The following are the requirements of a deed of mortgage:
(1) Parties to the deed - Mortgagor first and thereafter Mortgagee.
(2) Recitals - A short history of the property right up to its vesting in the mortgagor
and the object of the loan-amount and rate of interest.
(3) Operative words - In the case of a simple mortgage, the property is charged and
assured as security for repayment of the mortgage debt. In case of English mortgage,
it is out and out sale to the mortgagee subject to the covenant as to reconveyance upon
repayment of the debt with interest.
(4) Possession - An English mortgagee has the right to take (possession of the
property. Such a mortgage should contain clause as to the appointment of a Receiver
who may be a nominee of the mortgagee.
(5) Redemption - Period is fixed by agreement between the parties. "Redemption'
means paying off the mortgage-money, and getting back the mortgaged property by
 the mortgagor. Any condition contained in mortgage-deed, which obstructs the right
of redemption, will be considered as a clog or fetter on redemption, and will be null
and void.
(6) Execution and attestation - Attestation is compulsory to every mortgage.
(7) Registration - Compulsory in case of mortgage of value above Rs. 100.
(8) Delivery of title-deeds - A mortgagee is entitled to all the title deeds of the
mortgaged property.

DIFFERENT TYPES OF MORTGAGE

Simple Mortgage
When the mortgagor binds himself personally to pay the mortgaged money by execution and
registration of a mortgage deed. In the deed, he agrees that in case of his failure to pay the
money, the mortgagee shall have the right over the property.
Mortgage by conditional sale
In this type of mortgage, mortgagor promises to mortgagee that if he could not pay the
mortgage money on due date, then the mortgage property would be sold to mortgagee.
UsufructoryMortgage
Here, the possession of the property is transferred to the mortgagee. The mortgagee can even
earn the income from the given property.
English Mortgage:
After the transfer of the property, the mortgagor personally binds himself to pay the money
on a specified date as per the agreement.
Anomalous Mortgage:
Any other kind of Mortgage or combination of the above-defined mortgages come under the
category of Anomalous Mortgage.

Redemption (Section 60)

After the due date, mortgagor shall repay mortgage money to mortgagee and redeem the
mortgaged property. It is a statutory right.

Foreclosure (Section 67)

When redemption fails then mortgagee has a right of foreclosure which means he can file a
suit for restricting right of redemption.
MORTAGAGE DEED
THIS DEED OF MORTGAGE is executed at Delhi on this …..day of …….
BY
Mr. A son of Sh. ____ resident of ____ hereinafter called the MORTGAGOR, which
expression shall mean and include his heirs, legal representatives, executors, administrators
and assigns of the First Part;
IN FAVOUR OF
M/s ABC Ltd., a company incorporated under the Companies Act having its registered office
at ___ hereinafter called the MORTGAGEE, which expression shall mean and include its
successors.
WHEREAS the Mortgagor has vide sale-deed dated 5.1.1988 purchased a vacant residential
plot bearing Municipal No. A-25 situated at Ashok vihar , Delhi
AND WHEREAS, the Mortgagor wants to construct a residential building on the aforesaid
vacant plot of land; AND WHEREAS the Mortgagor does not have enough financial means
to undertake the construction of the residential building on the aforesaid plot of land;
AND WHEREAS the Mortgagee, with whom the Mortgagor is presently employed, has
agreed to advance a loan of Rs.2,00,000/- ( Rupees Two lakhs only ) to the Mortgagor, and
which loan shall be utilized by the Mortgagor towards the construction of a residential house
on the above vacant plot of land.
AND WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/- borrowed by the
Mortgagor from the Mortgagee, the Mortgagor has agreed to execute this Mortgage deed of
the vacant plot of land in favour of the Mortgagee.
NOW THIS DEED, THEREFORE WITNESSES AS UNDER:
1. The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the
Mortgagee on the basis of promissory note and receipt dated ….. executed by him in favour
of the Mortgagee.
2. The Mortgagor shall be liable to pay interest on the above stated principal sum of Rs.
2,00,000/- @12% per annum form the date of the loan until payment and in this manner the
total charge of the referred property of the Mortgagor shall be the principal sum of Rs.
2,00,000/- and interest accruing thereupon.
3. The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,00/- in equal monthly
installment of Rs.2000/- per month on or before the ………. and in the meantime interest
thereon or on such thereof as shall for the time being remain unpaid, at the rate of 12% per
annum by half yearly payments on the ………. and the ……… in each year.
4. That any interest not paid on the due dates shall be treated as principal and added to the
principal sum herby secured and bear interest at the rate and payable on the half yearly days
aforesaid.
5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple
mortgage to the Mortgagee, a vacant residential plot bearing Municipal No. A-25, Ashok
Vihar, Delhi.
6. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all other
permanent structures that shall be built on the aforesaid vacant plot by the Mortgagor.
7. The Mortgagor hereby covenants with the Mortgagee as follows :
(i) That the said premises are free from all encumbrances and the Mortgagor
undertakes that until the entire principal amount and interest, if any due, is not paid
back to the Mortgagee, the Mortgagor shall not create any fresh mortgage, charge,
pledge, or in any other manner, alienate the corpus or his interest in the aforesaid
property to any third person.
(ii) If the Mortgagor fails to pay the sum with interest after it has become payable
under the provisions of the this deed, the Mortgagee shall, in addition to any other
remedy available to him under the law, have the power to sell without the intervention
of a Court the mortgaged property or any part thereof for the realization of the money
due to it hereunder.
(iii) During the continuance of the Mortgage, the Mortgagor shall keep any building
or permanent structure erected on the aforesaid plot of land insured against damage by
fire in the name of the Mortgagor with an Insurance Company and shall punctually
pay all premium on such insurance and shall produced to the Mortgagee on demand,
the policy of such insurance and the receipt for the premium so paid.
Provided always, that if the Mortgagor shall make default in any of the above matters, the
Mortgagee may, in its discretion, insure and keep insured all or any of the said building and
permanent structures to the amount aforesaid and that the expenses of doing shall be repaid to
it by the Mortgagor on demand, and until so paid shall be added to the principal money
hereby secured and bear interest accordingly and be secured in the like manner as the said
principal.
IN WITNESSES WHEREOF the Mortgagor has executed this document on the date, first
above written.

Witnesses
Vendor
3.
4.
LEASE DEED
As per Section 105 of the Transfer of Property Act, the definition of ‘Lease’ can be
understood as a transfer of possession of immovable property for use and enjoyment against
the consideration for prescribed time either monthly, yearly or perpetually.
Lessor is the absolute owner of the property which is the subject matter of the lease;
Lessee is the person acquiring the rights to use and enjoy the property on lease from the
Lessor;

Lease is a transfer of an interest in the property for a stipulated period of time without
transferring the ownership of that property.

Essentials of Lease
 Parties must be competent
 Right of Possession transferred
 Rent
 Acceptance by lessee
 Time Period

Section 106 provides for the duration of the lease in the absence of the lease agreement. It
lays down that in the absence of a contract, lease can be ended by both parties to the lease by
issuing a notice to quit.

Agricultural or manufacturing purpose.

Year to Year: 6 months

Any other purpose

Month to Month: 15 days

Determination of Lease
 Lapse of time
 Specified event
 Interest
 Express Surrender
  Implied Surrender
 Forfeiture
The term ‘Holding over’ stands for retained possession of a property which has been
leased.
Section 116 provides that if the lessor agrees to the holding over of the property by the
lessee, it will be renewed.

LEASE DEED

THIS DEED OF LEASE made on this ____________________ day of ________ 20 __ at

______________between
____________________________________ ._____________________________ residing
___________________________________________________________________________
______________ hereinafter referred to as the Lessor (which term shall mean and include
wherever the context so requires or admits his/their heirs, successors, administrators,
executors, attorneys and assigns)of the One part and__________________ BANK a body
corporate____ __________________ hereinafter referred to as the Lessees (which term shall
mean and include wherever the context as admits or requires its successors, administrators
and assigns) of the Other Part represented by its Manager and holder of Power of Attorney
dated _____________ Sri _________________________, S/o. ________________________
witnesseth as follows -

WHEREAS, the Lessor/s is/are the owners of the building bearing No. __________________
situated at _____________________________________ which is declared to be value of Rs.
_________ by him / them and

* WHEREAS, the Ground floor / First floor / Second floor measuring about _____________
sq.ft. (Carpet area) in the said building more fully described in the schedule hereto and
hereinafter called the "Said Premises" was / were vacant and ready for occupation and
whereas the Lessee being in need of accommodation for its use and occupation approached
and requested the Lessor / s to grant lease in its favour in respect of the "Said Premises" and
whereas both the parties now desired to reduce the terms into writing and whereas the
Lessor / s agreed to grant lease in favour of the Lessee in respect of the "Said Premises", it is
now hereby agreed as follows -

** WHEREAS, the Lessee is already a tenant under the Lessor / s in respect of the above
building fully described in the schedule hereto and hereinafter called the "Said Premises"
paying a monthly rental of Rs. __________ and whereas the Lessor approached and
requested the Lessee to pay an enhanced rental of Rs. _______________ and whereas the
Lessee consented to pay the enhanced rental of Rs. _____________and whereas both the
parties now desired to reduce the terms into writing, it is now hereby agreed as follows -

1. This lease for purposes of payment of rent and period of lease shall be deemed to have
commenced from ___________

2. This lease shall be in force for a period of_____ years certain from ___________. The
Lessee shall, however, have the option to continue the lease thereafter for a further period
upto __________ years. The Lessee shall be at liberty to vacate the "Said Premises or part
thereof" at any time during the period of lease on giving ________ month/s notice.
3. The Lessee shall pay to the Lessor/s in respect of the `said premises' a monthly rental of
Rs.____________ (Rupees _____________________________________________ only) for
the certain period of lease and a monthly rental of Rs. __________ for the option period of
lease payable within the fifth working day of each succeeding calendar month.

4. The Lessee has paid to the Lessor / s a sum of Rs. _________ only being ___________
month / s rent in respect of the ‘said premises' as deposit of rent to be adjusted towards the
rent for the last ____________ month / s of the tenancy.

5. The payment of all taxes, rates, cess and other levy including penalties, if any, charged
thereon in respect of the `said premises', such as Corporation / Municipal / Panchayat Tax,
Urban Land Tax, etc., due to the State Government, Central Government or other local or
other civic, including enhancements and new introductions shall be to the account of the
Lessor. The Lessee shall be at liberty to pay the above tax, rate or cess or other levy including
penalties, if any, charged thereon in case of default or delay by the Lessor and adjust the
amount so paid together, with interest and other incidental expenses from out of rents in
respect of the `said premises' becoming due immediately after the said payment or demand
reimbursement of all such amounts, costs, expenses, etc., with interest @ ________ % per
annum from the date of such payments until realisation by the Lessee. Service tax (if
applicable) will also be borne and paid by lessor (landlord).

6. The Lessor shall, at his / their own cost, carry out all repairs including periodical painting
of the `said premises'. The periodicity of such painting will be once in 3 - 5 years. If the
Lessor fails to carry out such repairs including periodical whitewashing and painting, the
Lessee may call upon the Lessor in writing to do the same within one month from the date of
receipt of such request and if the Lessor fails to carry out the same within that time, the
Lessee shall be at liberty to get it done and adjust the amount spent or expended or such
repairs, etc., with interest _______ % per annum towards the rent payable to the Lessor or the
Lessee shall have the right to recover the same from the Lessor.

7. The Lessee shall be at liberty to under-lease / sub-lease the `said premises' or part thereof
to any of its subsidiaries or to any other party.

8. The Lessee shall have the right to utilise the leased premises or part thereof for any of their
various needs.

9. The Lessor shall grant all rights of way, water, air, light and privy and other easements
appertaining to the `said premises'.

10. The Lessor has no objection to the Lessee in installing the exclusive generator sets for the
use of the Office whether such generator sets are owned by the Lessee or taken on hire by a
Third Party for the exclusive use of the Lessee. Further, the Lessor agrees to provide suitable
space with proper enclosures for installation of generator set free of cost.

11. The Lessee shall have exclusive right on the parking space for parking of the vehicles of
staff members and customers of Lessee and the same shall not be disturbed obstructed or
encroached in any manner by any persons whomsoever.
12. The Lessee shall have the absolute & exclusive right to use the entire space in ‘said
premises’ both outside and inside for making full use of frontages and the side walls in
displaying Lessee’s signboards / advertisements without any additional charges to the
exclusion of third parties. If anybody causes any intrusion, trespass or encroachment
restricting the peaceful enjoyment of the Lessee over the space which is specifically meant
for usage of the Lessee, the Lessor on receipt of such Notice from the Lessee shall take all
possible legal actions against such violations including criminal action, if necessary. If the
Lessor fails to take legal recourse to remove such intrusions, trespass or encroachments
within one month from the date of receipt of such Notice from the Lessee, the Lessee shall be
at liberty to take legal action against the violators and recover the cost / expenses incurred for
such removal out of the rent payable to the Lessor or from any other monies payable to the
Lessor.”

13. The Lessor has no objection to the Lessee installing ATM in the said premises at any time
without any additional rent to the Lessor, the ATM room will be constructed by the Lessor at
his cost and that the Lessor will provide the required additional power to the Lessee.
14. The First Party has no objection to the Second Party installing V-SAT antenna in the said
premises at any time without additional rent (free of cost) to the First Party.

15. The Lessee shall have the right to remove at the time of vacating the `said premises', all
electrical fittings and fixtures, counters, safes, strong room door, safe deposit lockers,
partitions and all other furniture put up by it.

16. The Lessee shall be liable to pay all charges for electricity and water actually consumed
by the Lessee during the occupation and calculated as per the readings recorded by the
respective metres installed in the `said premises'.

17. The Lessee shall not make any structural alterations to the building without the
information and permission of the Lessor. However, the Lessee is at liberty and no
permission of Lessor is required for fixing wooden partitions, cabins, counters, false ceiling
and fix other Office furniture, fixtures, electrical fittings, air-conditioners, exhaust fans and
other fittings and Office gensets, etc.,as per the needs and requirement of the Lessee and or
make such other additions and alterations on the premises which will not affect the permanent
structure.

18. The Lessor may at their own cost and expenses construct any additional
structure/additional floor in the building and in which case and if the Lessor decides to lease
out the said additional floors / area, then the first option and offer will be given to the Lessee
and the Lessee shall have the right to take the same on lease on mutually acceptable terms.
And in case of refusal by the Lessee, then the Lessor will be at liberty to lease out the same to
any other party.

19. The Lessee shall hand over possession of the `said premises' to the Lessor on the expiry
of the period of lease fixed herein or on the expiry of the period of option should the Lessee
avail itself of the same and on refund of deposit made by the Lessee, if any, in the same state
and condition as on the date of occupation but subject to natural wear and tear due to ordinary
use and lapse of time.

SCHEDULE OF THE PROPERTY

(Here enter the boundaries and other details of premises leased out).
In witness whereof the parties hereto have set their hands hereunto in full agreement of the
terms and conditions set-forth herein above the day and year hereinbefore first mentioned.

WITNESSESS LESSOR / S
(1).
(2). LESSEE
GIFT DEED

Section 122 of Transfer of Property Act defines a gift as the transfer of an existing moveable
or immovable property.

Such transfers must be made voluntarily and without consideration.

The transferor is known as the donor and the transferee is called the donee. The gift must be
accepted by the donee.

There are the following essentials of a valid gift:

 Transfer of ownership
 Existing property
 Transfer without consideration
 Voluntary transfer with free consent
 Acceptance of the gift

Section 123of the Transfer of Property Act deals with the formalities necessary for the
completion of a gift.
For the gift of immovable property, registration is necessary. In case the property is
movable, it may be transferred by the delivery of possession.

Section 127provides that if a single gift consisting several properties, one of which is an
onerous property, is made to a person then that person does not have the liberty to reject the
onerous part and accept the other property.

A universal doneeis a person who gets all the properties of the donor under a gift.

In this regard that the donee is liable for all the debts and liabilities of the donor due at the
time of the gift.
GIFT DEED

THIS GIFT DEED is made and executed on this ……………….day of Month of ................. of
the Year …………, at…………………………….
BETWEEN
(Name) son/daughter/wife of (Father’s/Husband’s name), Age……Marital Status… ....... ,
(Profession), (Nationality), Resident of ………………………………holding Aadhar card
No… ....................... (hereinafter called the DONOR) of the one part.
AND
(Name) son/daughter/wife of (Father’s/Husband’s name),, Age……Marital Status ........... ,
(Professional Status), ( Nationality), Resident of .................................................. holding
Aadhar card No… ........................ (hereinafter called the DONEE) of the other part.
The expressions of the DONOR and the DONEE shall mean and include their respective heirs,
successors, executors, nominees, assignees, administrators and legal representatives etc.

AND WHEREAS the DONOR is the owner and in possession of the property having been
purchased/acquired vide registered sale deed as document No. ………………, Addl. Book-I--
--, Vol. No…………pages ...to... ., on date ……………………duly regd. in the office of SR………
(This recital should be about how the vendors have acquired the title of the property.)

AND WHEREAS the above PROPERTY, more particularly described in schedule hereinbelow, is
free from all sorts of encumbrances such as liens, charges, claim, liabilities, acquisitions, injunctions
or attachments from any Court of Law, gifts, mortgages, demands, notices, notifications, legal
disputes, difference, prior sale and flaws etc. etc. and the DONOR is fully entitled to dispose of the
same.

AND WHEREAS the DONOR has great love and affection for the DONEE being
his/her ........ (Relation).

AND WHEREAS the DONOR has agreed to GIFT, without any monetary consideration the property
described in Schedule hereinbelow UNTO the DONEE and the DONEE has also agreed to accept the
same.

NOW THIS GIFT DEED WITNESSETH AS UNDER:

(1) That the DONOR does hereby donate/gift the property,……………….. , UNTO
___________S/O, D/O, W/O………………………. , R/O…………………., on account of great love
and affection for him/her being HIS/HER………………………. (Relation)

(2) The possession of the aforesaid PROPERTY UNDER DONATION/GIFT has been handed-over/
delivered to the DONEE by the DONOR.

(3) That the DONEE has now become the absolute and exclusive Owner with all rights in the
aforesaid PROPERTY UNDER DONATION/GIFT from today and shall also enjoy all rights of
Ownership etc. therein.
(4) The DONOR has now been left with no right, title, interests or liens etc. whatsoever of any sort in
the aforesaid PROPERTY UNDER DONATION/GIFT henceforth after the execution/ registration of
this GIFT DEED. The property in question is free from acquisition neither by the Govt. nor by any
other authority.

(5) That the DONEE with HIS/ HER own funds shall get the PROPERTY UNDER
DONATION/GIFT transferred/mutated in his favour in the records of Rights of Revenue Department
on the basis of this GIFT DEED and DONOR hereby conveys his No Objection for the mutation of
the property herein below mentioned under schedule, in the name of the DONEE.

(6) That the DONEE has accepted the GIFT of the said PROPERTY UNDER DONATION / GIFT
DEED and has also taken-over the possession of the same from the DONOR.

(7) That the market value of the above mentioned PROPERTY UNDER DONATION/GIFT has been
assessed at Rs. (Rupees only), as per Notification published in Official Gazettee, Series; No. . Dated:

(8) That all the expenses of the GIFT DEED such as Stamp Duty, and registration Fees etc. have been
borne and paid by the DONOR/ DONEE.

(9) That all future taxes, cesses, rates or any other Govt. or Municipal dues and demands in respect of
the above mentioned PROPERTY UNDER DONATION/GIFT shall be borne and paid by the
DONEE.

(10) That all the Title Deeds/papers including previous title deed (in originals) relating to the Gifted
PROPERTY, herein below mentioned UNDER DONATION/GIFT have been handed- over/delivered
to the DONEE by the DONOR.

SCHEDULE
(The complete description of the Property shall be stated here which should include Survey Nos and
Sub Division in case of Villages / Chalta Nos, P.T. Sheet Nos in case of Cities, Area, and
Inscription/Description Nos along with Matriz Nos if avalaible) an boundaries of the Properties)

DONOR
DONEE