MODEL DEEDS & DRAFTS

Model sale agreement of house when there is uncleared loan of bank

2011-09-27T08:20:00.001+05:30

SALE AGREEMENT THIS SALE AGREEMENT made at ___________, this 19th day of July, 2011, Between (1) Mr................., son of Late ..........., Aged ........ Years (2) Mrs ............................ w/o Mr. ..................., Aged ......... Years Both resident of No. .........., ................... cross, .............. Block, ......................, hereinafter called "the Vendors" (which expression shall unless repugnant to the context or meaning thereof mean and include their respective heirs, executors, administrators and assigns) of the FIRST PART;

Mr ..................... s/o Late ....................... aged ...............years, Resident of ................................................., hereinafter called as "the purchaser" (which expression shall unless repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the SECOND PART.

WHEREAS the Vendors are absolute owners having possession of the house property which is more particularly described in the Schedule hereunder written (which property shall hereinafter for brevity's sake be referred to as 'the property'). AND WHEREAS the said property was owned and possessed by the vendors was got through registered sale deed dated ............... with Document number ................ before Sub-registrar .................. stored vide C.D. No. ............... The vendor got the title to the property from previous owner and the same valid flow of title is well recognised by Vendor’s Bankers legal advisors and as the only owners having no co-ownership rights with anyone is professing to sell the property for reasons of clearing Banking Loan and other family necessities of the vendors. The said property was purchased by the vendors out of their self-earned money.

AND WHEREAS the purchasers herein have approached the Vendors through assuring party with an intention to purchase the said property from the Vendors and pursuant to the negotiations by and between the parties hereto and subject to the necessary documentations for registration to be supplied by the vendors and have agreed to complete the sale transaction of the said property more particularly described in the Schedule hereunder written for the consideration and upon the terms and conditions hereinafter appearing:

AND WHEREAS the said property is being mortgaged by the vendors with _________________ Bank by deposit of all title deeds for a loan of Rs ____________________ (Rupees______), the upto date arrears is approximately as follows Rs ________________ as on dt._______________. The loan amount hereby mentioned is the only loan existed upon the vendor’s property both personally and upon mortgage loan. There is no other liability or any other proceedings of recovery or claim over the vendor is the total assurance from the side of vendor.

AND WHEREAS the purchaser on having trusted the assurances came forward upon the following terms and conditions to take over the loan through his banker ________________________________, by way of transfer of loan amount out of sale consideration. The necessary formalities need to be completed within the stipulated period for the sake of completing the sale transaction as early as possible.

NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

(1) The Vendors do hereby agree to sell the said property for a sale consideration of Rs .............................. Out of the sale proceeds Vendors assures to claim and receive only the amount balance after clearance of loan arrears within the stipulated period that will be made through purchaser’s bank.

(2) In consideration of the Vendors having agreed to sell the property for such consideration, the purchaser agree to pay to the Vendors a sum of Rs. .................................... as advance towards the sale consideration, in the following manner: (a) Rs......................... through Cash before the witnesses to this agreement (the payment and receipt whereof is this agreement itself and the Vendors both hereby admit, acknowledge, the receipt of the said amount).

(3) The vendors hereby authorise purchasers with No objection to get transferred the loan arrears to their Bank by way of loan take over and the vendors hereby authorise to purchaser to communicate with their bank for the same purposes.

(4) The vendors here by authorise purchaser’s bankers to get all the original documents transferred to their custody and do indemnify whosoever if the vendor fails to execute sale deed after receipt of full balance sale consideration as said earlier.

(5) The Vendor hereby assures to give vacant possession of the property at the time of registration of sale deed and promises not to induct anyone in the intervening period either as tenant or in any other mode.

(6) The vendor hereby assures that they won’t further create any charge over the property and this agreement is the last and final charge with such conditions as herein mentioned.

(7) The vendors hereby assure to provide any necessary documentation formalities if the Banker of the purchaser seeks to honour this sale transaction, wthout any further liability after sale completion.

(8) It is agreed and undertaken by the Vendors that they shall at their own costs and expenses persuade the matter regarding requirement of NOC’s and other documents necessary for having valid registration as required under the various acts.

(9) The Vendors hereby agree that the said sale agreement shall not be, under any circumstances, revoked by the Vendors as long as these presents subsist and remain binding upon the parties hereto. If the sale agreement is revoked by the Vendors and delay is caused in registering the property hereby agreed the consequences arising thereof shall be at the costs of the Vendors alone.

(10) It is agreed and undertaken by the purchasers that they shall at their own costs and expenses, get the sale deed registered by paying the stamp duty on the prevailing sub-registrar market rates as per procedure, any variation from the actual agreed amount will not be claimed by both the parties.

(11) The Vendors shall render all assistance, co-operation and sign and execute or cause to be signed and executed all applications, plans, authorities and other writings as may be necessary or required to enable the registration of the said property and to obtain nill arrears certificate from BBMP.

(12) The vendors assure that the property is not under any acquisition proceeding and no acquisition notice is received by the vendors. The vendors assure that the property is not the target of any encroachment of public land and there is no notice to such effect.

(13) The Vendors shall make out a clear and marketable title to the said property, agreed to be sold and ultimately to be conveyed free from reasonable doubts and all encumbrances and shall at their own costs and expenses got cleared all outstanding dues and clear all defects in the title and all encumbrances and claims on or to the said property including all claims by way of sale, exchange, mortgage, gifts, trust, hereditaments, possession, easement, lease, lien or otherwise.

(14) It is agreed and understood that the Vendors shall not in any way obstruct the officers of the purchaser bank from visiting and inspecting the said property for their assessment, and shall not do any act, matter or thing whereby the purchasers will be prevented from carrying out the agreed part as envisaged under this Agreement.

(15) The Vendors hereby declare that: (a) The said property is equivalent to freehold and is not held under any agreement, except that of the bank as mentioned earlier; (b) There are no outstanding encumbrances, mortgages, liens (notice for acquisitions, requisitions or set back) easements, rights of tenants or outstanding interest or claim by any parties other than the Vendors nor is the said property subject-matter of any pending suit or attachment either before or after judgement. No notification is issued under any Ordinance, Act, statute/rules or regulations affecting the said property; except that of bank arrers as mentioned earlier; (c) The Vendors further declare that neither the Vendors nor his/their predecessors-in-title nor any body claiming from/or under them or any of them have or have granted any right of way or easement or other rights to any person over the said property;

(16) It is agreed that the Vendors and all other necessary parties shall execute the Deed of Conveyance and/or all other writings in favour of such person/s as the purchasers or their bankers may direct . The purchasers shall also join as a Confirming Party to the said Conveyance.

(17) The Vendors will ensure that under their supervision at the time when the Bankers of the purchasers require shall allow to enter upon the said property described in the Schedule hereunder written, the said house is absolutely vacant and nobody is in occupation of the same.

(18) The Vendors hereby agree and confirm that the purchasers shall be entitled to transfer the benefit and burden of this Agreement subject to the terms and conditions mentioned herein either as a whole or in part to one or more parties and that the Vendors shall have no objection to the same and the terms and conditions of this agreement shall remain binding over such transferees.

(19) The Vendors agree to pay Municipal, betterment charges if any, water charges, electricity charges, fines and penalties arising as a result of use of the said property till date of registration of sale deed.

(20) The Vendors declare that the property hereby agreed to be sold and conveyed are not subject to the easement or rights in the nature of easement.

(21) The Vendors hereby declare that no notice from Government or any other body or authority or under the Municipal Corporation Act or BDA Act, Land Acquisition Act or Town Planning Act, The Defence of India Act or under any other legislative enactments, KIADB Act, Government Ordinances, Order or Notification (including any notice for acquisition or requisition of property or any part thereof) has been received by or served upon them or any other person/s interested therein nor is the said property or any part thereof included in any intended or publishes scheme of improvement of the Municipal, Government body or Public Body or authority.

(22) The Vendors hereby agree to pay and discharge all taxes and outgoings in respect of the said property prior to the sale on which the purchasers are to be put in possession of the said property.

(23) The Purchasers shall from the date they are put in possession of the property be entitled to receive the rents and profits and liable to pay all outgoings (including Municipal taxes, land revenue, charges for consumption).

(24) The Vendors shall pay all outgoings including the municipal and Collector's bills and charges in respect of the said property hereby agreed to be sold and conveyed previous to the date of handing over of the possession to the purchasers. The purchasers agree and undertake to bear all the charges in respect of the said property and all taxes, Municipal, Collector's bills, etc. after the date of taking over of the possession.

(25) The Vendors declare that the property in question is self acquired property. However, there is no minor interested in the property and hence the question of obtaining the sanction from the competent Court relating to minor's interest in the property does not arise.

(26) If the sale be not completed due to any wilful default on the part of the Vendors, the purchasers shall be entitled to specific performance of this Agreement, at the cost of vendors including any deficit in stamp expenses and other over heads.

(27) This agreement shall not be treated as a partnership between the parties.

(28) The purchaser shall keep indemnified the Vendors from and against all actions, claims, demands, proceedings, fines, penalties and all costs, expenses and damages incurred or suffered by the Vendors if there is any willfull default of purchaser in honouring this agreement.

(29) Save and except as hereinbefore otherwise provided, all costs, charges and expenses of the Vendors and of the purchasers and incidental upto this Agreement including stamp duty of agreement is mutually agreed to be borne and also paid by the Vendors alone. The fines and penalties payable to the Collector or transfer of the property not incurred by reason of any delay in lodging the Deed of Conveyance by the Vendors shall be paid by the Vendors alone.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.

The Schedule above referred to

Agreement to demolish the structure, clear the site and to construct new building

2011-09-27T08:00:00.000+05:30

THIS AGREEMENT made at.............. on this............ day of................. 2011, between .......................... S/o Mr........................ R/o........... (Hereinafter called 'the Employer') of the ONE PART and ................................. Constructions, a partnership firm, carrying on the business of builders and contractors, having its office at................................................ (Hereinafter called 'the builders') of the OTHER PART

WHEREAS the employer is absolutely seized or otherwise well and sufficiently entitled to the old bungalow being (Detailed address)............ with an area of........ Sq. mts which bungalow is more particularly described in " First Schedule hereunder written, and is hereinafter referred to as 'the said bungalow.

AND WHEREAS the said bungalow has become very old and the employer intends to dismantle the said bungalow and construct a new bungalow on the said plot of land.

AND WHEREAS the builders are willing to undertake the said job of dismantling and construction of the new bungalow in accordance with the plan and specifications set out in the Second Schedule hereunder written.

NOW IT IS AGREED BETWEEN THE PARTIES AS UNDER:

1. The builders agree to undertake the work of dismantling the said bungalow and to construct a new bungalow in accordance with the plan, description and specifications set out in the Second Schedule hereunder written (hereinafter referred to as "the said works') in consideration of a sum of Rs.......... to be paid by the employer to the builders in the manner hereinafter provided.

2. The builders will dismantle the said bungalow, clear the site and construct the bungalow with the best available materials and in workmanship in accordance with the directions of the employer's architect (hereinafter referred to as the architect) in accordance with the plan, description, and specifications set out in the Second Schedule hereunder written. However, the employer may require the builders to alter the drawings and the nature of the work by adding or omitting any items of work. Such alterations shall be paid at such rates as may be mutually agreed upon.

3. The builders shall take away the building material of the old bungalow and shall clear and level the plot of land.

4. While demolishing and constructing the bungalow, the builders shall carry out the said Works in accordance with the law, rules and bye laws for the time being in force affecting the said works and shall give the necessary notices to and obtain the requisite sanction of the concerned local authorities in respect of the said works and shall comply with building and other regulations of such authority.

5. The builders shall complete the said works on or before the expiry of...... months from the date of execution of these presents in accordance with the plans duly approved by the municipal corporation of........ and descriptions and specifications and other terms and conditions as are set out in Third Schedule hereunder written: Provided however the architect, with the previous consent of the employer, may extend the time for completion of the said works, it in his opinion the works are delayed (a) by force majored; or (b) by reason of any exceptionally inclement weather; or (c) by reason of civil commotion, local combination of workman or strike or lock-out affecting any of building trades; or (d) in consequence of the builders not having received necessary instructions from the architect in due time; or (e) from other causes which the architect may certify as beyond the control of the builders.

6. The employer shall pay to the builders, weekly during the progress of the work, such sum as may be sufficient to defray the expenses for materials and other out of pocket expenses, as certified by the architect.

7. The builders hereby indemnify and keep the employer saved, defended and harmless against any claims, demands, actions or proceedings that may be suffered by the employer by reason of anything done by the builders as a result of the builders committing breach of any rules and regulations or causing damage to any adjoining property or any individual or otherwise howsoever in dismantling the property or constructing the new bungalow on the said property or any letters, applications and writings addressed by the builders pursuant to such authority as also for the costs, charges and expenses which may be incurred or for which the employer may become liable in that behalf.

8. The builders shall be responsible for injury to persons, animals or things and for all structural damages to the property which may arise from the operation or neglect of the builders or their employees, nominees, sub-contractors or their employees, whether such injury or damage arises from carelessness, accident or any other cause whatsoever in any way connected with the carrying out of construction pursuant to these presents. This clause shall be deemed to include, inter alia, any damage to buildings whether immediately adjacent or otherwise, and any damage to roads, streets, foot-paths, bridges or ways as well as all damages caused to the buildings and works forming the subject of this contract by frost, rain, wind or other inclemency of weather.

9. The builders shall, within one week from the date of commencement of the works, insure the works and keep them insured until the buildings complete in all respects and fit for occupation are handed over to the employer, against loss or damage by fire, earthquake, flood, cyclone, etc. with an insurer, in the joint names of the employer and the builders for the full amount of the contract and for any further sum, if called upon to do so by the employer. The premium of such further sum shall be reimbursed to the builders by the employer. The builders shall deposit the insurance policy and receipts for the premium with the employer within fourteen days from the commencement of the works, unless otherwise instructed by the employer. In case the builders fail to insure as provided above, the employer may so insure the works and may deduct the premium paid from any moneys due or which may become due to the builders without prejudice to the other rights of the employer in respect of such default. In case it becomes necessary to suspend the works due to any of the risks covered under the policy, the builders shall, as soon as the claim under the policy is settled, or the work reinstated should proceed with all due diligence with the completion of the works in the same manner as though the risk had not occurred and in all respects under the same conditions of contract. The builders in case of rebuilding or reinstatement after the risk, shall be entitled to such extension of time for completion of the works, as the architects shall deem fit.

10. If the builders (i) have abandoned the contract; or (ii) have failed to dismantle the old bungalow and remove, clean and level the plot of land; or (iii) have failed to commence the works or have without any lawful excuse under these presents suspended the progress of the works for fourteen days after receiving from the architect notice to proceed; or (iv) have failed to proceed with the works with such due diligence and failed to make such due progress as would enable the works to be completed within the time agreed upon; or (v) have failed to remove materials from the site or pull down and replace work for seven days after receiving from the architect written notice that the said materials or work were condemned and rejected by the architect under these presents; or have neglected or failed persistently to observe and perform all or any of the acts, matters or things by this contract to be observed and performed by the builders for seven days after written notice shall have been given to the builders requiring them to observe or perform the same; then and in any of the said cases the employer may, after giving seven days notice in writing to the builders, terminate the contract, on such termination of the contract the employer by his agents or servants may enter upon and take possession of the works and all plants, tools, scaffoldings, sheds, machinery and other utensils and materials lying upon the premises or the adjoining lands or roads, and use the same as his own property or and employ the same by means of its own servants and workmen in carrying on and completing the works or by employing any other contractor or other person or persons to complete the works, and the builders shall not in any way interrupt or do any act, matter or things to prevent or hinder such other contractor or other person or persons employed for completing and finishing the works or using the materials and plant for the works. When the works shall be completed or as soon thereafter as convenient the architect shall give a notice in writing to the builders to remove their surplus materials and plant, and should the builders fail to do so within a period of fourteen days after receipt thereof by them, the employer may sell the same by public auction, and give credit to the builders for the net amount realized. The architect shall ascertain and certify what s a be due or payable to or by the employer for the value of the said materials, plants are so taken possession of by the employer and the amount which shall be so certified shall thereupon be paid by the employer to the builders or by the builders to the employer, as the case may be and the architect's certificate shall be final and binding on both the parties.

11. If the builders fail to complete the said works within the period or extended period, the builders shall at the option of the employer, but without prejudice to the other rights under law of the employer and the other provisions herein shall pay by way of liquidated damages a sum of Rs.......... per day for the entire period of delay and the employer will be entitled to deduct such damages from the amount becoming due and payable to the builders under this Agreement.

12. The builders shall not assign this contract to any other builder or contractor, without written consent of the employer.

13. The builders hereby agree and undertake to rectify the defects pointed out to them during the period of 12 calendar months from the date of handing over the said buildings to the employer. If the builders fail to rectify the defects pointed out or decline to cure such defects as pointed out by the employer within fifteen days from the date of reporting to the builders, the employer may get such defects cured by such other contractors as it may deem fit at the entire cost and risk of the builders.

14. The builders shall deliver all the plans, detailed drawings and specifications to the employer after the completion of the said works or otherwise terminated under these presents.

15. All disputes arising between the employer and the builders under this Agreement during the continuance of this contract or on its completion or on abandonment thereof shall be referred to arbitration to a single arbitration appointed by both the parties. It both the parties do not agree upon the appointment of single arbitrator, each party shall nominate his own arbitrator who shall before entering on the reference appoint an umpire. The arbitrator or arbitrators as the case may be shall deliver the award within a period of six months from the date of entering on the reference. The award of the arbitrator or arbitrators shall be final and binding on the parties. The parties agree that arbitration under this clause shall be a condition precedent to any right of action under the contract.

IN WITNESS WHEREOF the employer and builders have signed these presents, the day and year first hereinabove written.

KANNADA SALE DEED FOR REFERENCE

2011-01-20T11:02:00.001+05:30

Kannada Sale Deed in a Specific Case for Guidance Only

WRITTEN ARGUMENTS IN PARTITION SUIT

2010-08-22T13:58:00.003+05:30

Written Arguments in Partition Suit

EDUCATION APPELLATE TRIBUNAL OBJECTIONS BY RESPONDENT INSTITUTION

2010-08-22T09:16:00.000+05:30

Eat Objections by educational institution/employer

MODEL PLAINT ON INJUNCTION SUIT

2010-08-22T09:11:00.001+05:30

MODEL PLAINT OVER INJUNCTION SUIT

AGREEMENT TO LEASE SCHOOL BUS ON CONTRACT BASIS

2010-08-22T09:10:00.002+05:30

Agreement to Lease School Buses on Contract Basis

CAVEAT ON LAND DISPUTE

2010-08-22T09:09:00.001+05:30

CAVEAT PETITION

CAVEAT ON LABOUR DISPUTE

2010-08-22T09:07:00.001+05:30

CAVEAT ON LABOUR DISPUTE

PETITION FOR DIVORCE

2010-08-22T09:06:00.001+05:30

Divorce Petitiion Under Hindu Marriage Act

Plaint alleging fraud in compromise decree

2010-08-22T09:04:00.000+05:30

Plaint alleging fraud in compromise decree

KANNADA MODEL PLAINT ON DECLARATION AND INJUNCTION SUIT

2010-08-22T08:44:00.001+05:30

Kannada Model Plaint on Declaration and Injunction

MODEL PLAINT ON PARTITION SUIT - ONLY FOR GUIDANCE

2010-08-22T08:32:00.000+05:30

Kannada Model Plaint on Partition

LEASE AGREEMENT

2010-08-22T02:55:00.001+05:30

Lease Agreement

PARTITION SUIT IN VACATION COURT

2010-08-22T02:14:00.001+05:30

Partition Suit in Vacation Court

CONSUMER COURT ARGUMENT ON DEFICIENCY OF SERVICE

2010-08-22T02:04:00.002+05:30

consumer court written argument on Electricity supplier deficiency

CONSUMER COURT WRITTEN ARGUMENTS ON CROP INSURANCE

2010-08-22T02:00:00.003+05:30

CONSUMER COURT Written Arguments on Crop Insurance

ADOPTION DEED TO ADOPT A CHILD

2010-08-20T14:47:00.001+05:30

THIS DEED OF ADOPTION
DATED:-………………………………..
BETWEEN
1. ADOPTIVE FATHER/MOTHER
NAME: ……………………..
FATHER/HUSBAND NAME:………………………………..
Aged...........years,
RELIGION………………………….
CASTE:………………………………
RESIDING AT…………………………………….

2. NATURAL FATHER/ MOTHER/GUARDIAN
NAME: ……………………..
FATHER/HUSBAND NAME:………………………………..
Aged...........years,
RELIGION………………………….
CASTE:………………………………
RESIDING AT…………………………………….

WHEREAS :

The Adoptive Father has no son or son’s son or son’s son’s son living and he is desirous of adopting a suitable boy to be his son and the son of his wife ……………………………. who is living. / The adoptive Father has no daughter or son’s daughter living./ The Adoptive Father is more than twenty-one years older than the said ………………….(ADOPTED CHILD NAME) / The Adoptive Mother is a widow having no son or son.s son or son.s son.s son living./ The Adoptive Mother remained unmarried and has no intention to marry at all in view of her fairly advanced age.

The Natural Father has agreed to give his son …………………. now aged about........... years in adoption to the Adoptive Father./ The said Guardian having consented to the said proposal of the Adoptive Father & the Guardian declares that necessary application was made to the............ District Judge Court under the provisions of the Guardians and Wards Act, 1890 for necessary permission to give the said ……….. in adoption to the Adoptive Father and the required permission has been granted by the District Judge vide his Order................. dated.............. subject to the conditions that the adoptive parents should submit to the Court.s jurisdiction and furnish a periodical report pertaining to the maintenance and well being of the adopted daughter in the hands of the adoptive parents.

The Adoptive Father has the only wife ……………………... living who has given her consent to the said adoption. / Whereas the Adoptive Father is anxious to adopt a daughter expeditiously owing to his serious ill health so as to take care of him as his wife is dead./ The Adoptive Mother is desirous of taking a son in adoption owing to her indifferent health and advanced age, lest she may die and her property be wasted and her lineage be extinct once for all. The Adoptive Mother is desirous of taking a daughter in adoption to take care of her person and property at her old age (as she has no other kith or kin or lineal descendent of her husband).

The Natural mother of ……………. is dead and the Natural Father being married to …………………………. who is the step-mother of ……………… her consent to the adoption is not necessary./ The Natural Mother has agreed to give her ………………………. Now about.............years in adoption to the Adoptive Mother, (as she is unable to maintain her big family comprising ……… daughters and ………….. sons, all …………….minors…………….majors).

The Adoptive Father and his wife declare that they fulfill the requirement of the law of adoption as prevailing in this country as well as in ………………………,
that they have the requisite permission to adopt from the appropriate authorities in their country, that the adopted daughter/son will be able to immigrate to the Country of the adoptive parents, that she/he will be able to obtain the Nationality of the adoptive parents, and that he/she will be able to come to India occasionally whenever he/she desires.

The Guardian declares declares that he has duly scrutinized the proposal of the said Adoptive Father with regard to adoption and made necessary inquiry with the assistance of …………………. And found that the adoption would be beneficial to the child, financially, socially, morally and in every respect.

The Guardian further declares that he has also caused necessary investigations into the economic status and social conditions of the family of the adoptive parents and on the questions of health and psychological preparedness for adoption by the Adoptive parents as well as the child’s acceptance within the community of the adoptive parents, through the assistance of …………………… Guardian is satisfied that the adoption will be beneficial to the adopted daughter and will be in the interest of her/his welfare.

The said …………………………….(ADOPTED CHILD NAME) is still unmarried.

NOW THIS DEED WITNESSES that the said Natural Father has this day, after performing the necessary religious ceremonies before a gathering of friends and relatives of both the parties held at......... (place) at..........(time) given the said ……………. his son, to the Adoptive Father who has taken the said …………. in adoption and that the said ……………… shall have all the legal rights of and in the Hindu Coparcenary of the Adoptive Father from this day as if he (………….) were his (Adoptive Father) natural son.

IN WITNESS whereof the said …………………….(the Adoptive Father), the said ……………………….. (the Natural Father) and the said Smt. ………….. (wife of ………..) have hereunto signed these presents in the presence of all friends and relatives gathered, two of whom at the request of the parties have also hereunto signed as attesting witnesses, on this date first above written.

Witness . (Signature)

NOTE: IMP RULES OF ADOPTION

Section 8 of the Hindu Adoptions and Maintenance Act recognises the right among other female Hindus, of a widow to adopt a son or daughter to herself. Under the law prevailing prior to the Hindu Succession Act, 1956 no female including a wife or a widow could adopt a son to herself. The effect of adoption by a widow of a son or daughter is that for all purposes the adoptee becomes the son or daughter not only of the widow but her deceased husband as well with the same status as that of a natural-born child with all the consequences and incidents of that status including succession to all their relations.

After an adoption the adopted child shall be deemed to be the child of his or her adoptive parents with all the legal incidents and rights flowing therefrom as that of an after-born natural son or natural daughter of the adoptive parents. sec. 12 lays down that the adopted child shall not divest any person of any estate which vested in him or her before the adoption hence it does not preclude the adopted child from claiming his share in the joint family properties, for if a share is given to the adopted child there is no question of divesting any person of any estate which vested in him before adoption.

According to sec. 10 the person to be adopted should not have completed the age of fifteen years, unless there is a custom or usage whch permits persons who have completed the age of fifteen years being taken in adoption.

AGREEMENT TO PROVIDE SECURITY SERVICES TO HOSPITALS

2009-02-08T16:27:00.000+05:30

AGREEMENT FOR PROVIDING SECURITY SERVICES

THIS AGREEMENT made on this ......... day of ....... 2009, between ________________ , A PRIVATE HOSPITAL MANAGED AND OWNED BY ______________ and located at ________ cross, _______________. (hereinafter referred to as “HOSPITAL” which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART and _______________________ ____________________________ having its registered office at .......... (hereinafter referred to as “AGENCY” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS “HOSPITAL” is having its Hospital/premises at _______________________________________________ (hereinafter referred to as "the premises" which mean and include every moveable and immoveable property within the boundary of the premises either belonging to “HOSPITAL” or clients of “HOSPITAL”) and wishes to engage security guards to provide security for the premises;

AND WHEREAS “AGENCY”, who provides security services to the Hospitals, industrial units, other organisations and institutions has offered to provide security services to HOSPITAL at the premises and HOSPITAL has agreed to avail the said services;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. The “AGENCY” shall provide __________________ security guards to keep watch and for protection of the premises as per the HOSPITAL's requirement. The security guards provided by the “AGENCY” will be for twenty-four hours in the shift of 8 hours and shall provide complete security arrangement and protection of the site round the clock.

2. The “AGENCY” shall provide the guard's table at the front door of the premises to the security guards and the said guards shall check all the vehicles, personnel and visitors entering into and going out of the premises as per the instructions issued by the HOSPITAL's representative from time to time and shall maintain proper record of the same. Guard shall forsee that all visitors shall maintain absolute silence in the Hospital premises. Guard shall forsee that no one is allowed to smoke in and near the Hospital premises. Guard shall forsee that no in patient shall ran away without paying hospital charges. Each guard before taking charge has to write up in dairy the number of inmates in hospital and number of discharged and admitted during his duty hour, and the same be reported to next incharge. The agency shall arrange for three times check about number of inmates per 24 hours to tally the missing or to avoid any unwanted intrusion

3. The “AGENCY” shall provide its security guards with necessary uniform, arms, Stick/Litchis and torch and other equipment etc. required for the effective discharge of security services to the HOSPITAL at its own expenses. The “AGENCY” will obtain licence, if any, required under the local or central laws for providing security services to the HOSPITAL. No residential facilities shall be provided by the Hospital. It has to be arranged by the “AGENCY” .

4. The “AGENCY” shall ensure that the security guards provided by it maintain proper discipline and they do not, in any manner, cause any interference, annoyance or nuisance to the management and staff of the HOSPITAL or its business or work or its officers/ employees/other contractors. The guards shall keep visitors dairy and shall take details of every visitor. Shall not allow tender coconut shells inside and chappals/shoes and heavy luggage’s without having clear check and permission.

5. The “AGENCY” agrees and undertakes that the security services provided by the security guards shall be to the complete satisfaction of the HOSPITAL and the “AGENCY” will make it clear to the security guards that the latter are employees of the “AGENCY” and they shall have no claims against the HOSPITAL and the HOSPITAL shall not be liable to wages, salary, compensation and any statutory benefits due to the security guards under the labour law and other legislation and the “AGENCY” shall be responsible for providing such amenities to its employees admissible under the law/rules/service conditions. The agency shall be responsible for the payment of salary/wages and deduction of PF and Insurance premium/bonus etc. of Guards as per the provisions under the Wages Act. The hospital shall not be responsible for any type of payment to the Guards.

6. The “AGENCY” shall deposit security deposit of Rs _________ as security towards performance of the stipulated agreement. Which amount is refundable after closing of agreement subjected to any other clauses of this agreement.

7. The “AGENCY” shall have to provide service for protection of all the property of the hospital for twenty four hours for all days of week in the form of shifts. In normal course, no Guards should be placed for two continuous shifts. The Guards will protect the hospital staff sees to it that the rush in OPD is taken care off in a disciplined manner. Security of the hospital staff and doctors to have disciplined enforced in the hospital and to prevent any theft of hospital materials.

8. The “AGENCY” will indemnify HOSPITAL against any claim, loss or damage that may be caused to the HOSPITAL due to wilful acts or omissions or carelessness or negligence of the security guards employed by the “AGENCY”, while on duty.

9. The HOSPITAL shall pay a sum of Rs.__________________________ ________________________________________________________________________________ for the services provided by the “AGENCY” on submission of the bill by the “AGENCY” by 10th day of the following month. The HOSPITAL shall not make any payment to the security guards and payment will be made to the “AGENCY” only.

10. The HOSPITAL shall be entitled to supervise the services provided by the “AGENCY” and if it finds that the conduct, behavior or performance of work of any of its security guard is unsatisfactory, it may issue directions to the “AGENCY” to immediately recall the particular person and substitute him by another and the “AGENCY” shall comply with such directions issued by the HOSPITAL forthwith.

11. The “AGENCY” shall have to provide all the personal information (Permanent Address, pp size photo, health certificate, identification from his inhabited, Id of Govt, his family details, etc as may be additionally summoned from time to time) regarding each security guard before deputing to the premises of HOSPITAL.

12. The “AGENCY” shall have to provide the services this cannot be entrusted to any other agency or sub-agency. If it is found so, their Security Deposit will be forfeited and the agreement will be cancelled.

13. The “AGENCY” shall have to provide the services of strong and healthy trained Guards preferably Ex-Military guards with sound physical condition, in age group of 25 to 40 years, height 5’ 6”. Their names passport size photographs address, identity cards, fingerprints, gun license etc. have to be provided to the Hospital, for records.

14. The “AGENCY” and staff should give full cooperation to the Police in case of inquiry regarding damage caused to the property of the Hospital.

15. The “AGENCY” shall be responsible for security of the hospital building and other buildings in the campus as well as equipments, furniture trees, garden etc. The agency deputed guards should take care and operations of gas cylinders and their replacement/ on and off whenever instructed, with due care and caution. The agency shall take care of on/off of water pump whenever instructed/overflowed.

16. The “AGENCY” shall be responsible for any type of damage to any property of the hospital arised because of theft, arson, looting etc. If after the Police complaint, no other is found responsible for such cause the agency shall be responsible to pay partly all the damage.

17. The “AGENCY” shall If any Guards are found drunken or engaged in other antisocial activities like gambling etc. they shall have to be relieved from the duties immediately and in such matter decision taken by the HOSPITAL shall be final.

18. The “AGENCY” shall see that it have to maintain muster roll, payment sheet, identity cards etc. and have to produce before the Hospital when it is demanded. At the time of changing the shift the Guards shall have to sign the register of hand over, take over charge. They shall also make note of any remarkable incident occurred during their duty time and shall bring the same to the notice of the HOSPITAL immediately and if any offence has taken place immediately has to file complaint with police.

19. For any injury/accident to the Guards on duty the “AGENCY” shall be responsible for legal obligation. The hospital shall not be responsible.

20. This agreement will be for a period of one year from the date of execution of this agreement. The HOSPITAL shall, in the event of the “AGENCY” committing any breach of any of the terms and conditions of this agreement or if the services provided by the “AGENCY” is considered to be unsatisfactory by the HOSPITAL or for any other reason considered by the HOSPITAL as in-sufficient, be entitled to terminate this agreement by giving one month's notice in writing and the “AGENCY” shall not be entitled to any compensation in case of such termination. The “AGENCY” may also terminate this Agreement by giving one month's notice in writing to the HOSPITAL.

21. On expiry or earlier determination of this agreement, the “AGENCY” and the security guards shall quit the premises, without in any way causing any damage to the said premises and the property therein.

22. In case of any dispute or difference arising between the parties under this agreement, the decision of Mr _______________________________, who is mutually agreed to be the arbitrator, will be final.

23. The stamp duty on this agreement and duplicate thereof shall be borne by the “AGENCY”. The original shall be retained by the HOSPITAL and the “AGENCY” shall retain the duplicate.

24. Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under:-

For the AGENCY ...........................................................

For the HOSPITAL ............................................................

IN WITNESS WHEREOF, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written.

AGENCY HOSPITAL.

WITNESSES;
1.

2.

MODEL AFFIDAVIT TO BE SUBMITTED TO ASSISTANT COMMISSIONER FOR 79A & 79B NOTICE

2008-08-10T22:58:00.003+05:30

ಪ್ರಮಾಣ ಪತ್ರ

__________ ನಗರದ ___________________ ಬಡಾವಣೆಯಲ್ಲಿ ವಾಸವಾಗಿರುವ _____________________________ ಮಗ ಸುಮಾರು ____________ ವರುಷ ವಯಸ್ಸಿನ _____________________ ಆದ ನಾನು ದೇವರ ಹೆಸರಿನಲ್ಲಿ ಪ್ರಮಾಣ ಮಾಡಿ ಹೇಳುವುದೇನೆಂದರೆ,

ನಾನು ____________ ತಾಲ್ಲೂಕು _______________ ಹೋಬಳಿ _______________ ಗ್ರಾಮದ ಸ.ನಂ. ___________ ರಲ್ಲಿ ವಿಸ್ತೀರ್ಣ _______________ ಜಮೀನನ್ನು ಕ್ರಯಕ್ಕೆ ಪಡೆದಿದ್ದು, ಜೆ ಸ್ಲಿಪ್ ನಂತೆ ನನ್ನ ಹೆಸರಿಗೆ ಖಾತೆ ಮತ್ತು ಪಹಣಿಯನ್ನು ಬದಲಾವಣೆ ಮಾಡುವ ಬಗ್ಗೆ ರಾಜಸ್ವ ನಿರೀಕ್ಷಕರು ___________________ ಹೋಬಳಿ ಇವರು ಭಸುಧಾರಣಾ ಕಾಯಿದೆ ೧೯೬೧ ರ ಕಲಂ ೭೯ಎ ಮತ್ತು ೭೯ಬಿ ಪರಿಶೀಲನೆಯಡಿ ಎಂ. ಆರ್. ವಜಾಕರಿಸಿರುತ್ತಾರೆ.

ನಮ್ಮ ಕುಟುಂಬದಲ್ಲಿ ಈ ಕೆಳಕಂಡ ಸದಸ್ಯರಿರುತ್ತೇವೆ.

ಸಂ ಹೆಸರು ವಯಸ್ಸು ಸಂಬಂದ - ಪ್ರಮಾಣಕರ್ತನಿಗೆ ವೃತ್ತಿ
೧ ವರ್ಷ ಪ್ರಮಾಣಕರ್ತ
೨ ವರ್ಷ ಹೆಂಡತಿ
೩ ವರ್ಷ ತಂದೆ
೪ ವರ್ಷ ತಾಯಿ

ನಾನು _____________ ವೃತ್ತಿ ಮಾಡುತ್ತಿದ್ದು ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರನಾಗಿದ್ದು, ನನ್ನ ಹೆಂಡತಿ ಗೃಹಿಣಿಯಾಗಿದ್ದು, ನನ್ನ ತಂದೆಯವರು _____________-ರಾಗಿದ್ದು, ನಮ್ಮ ತಾಯಿಯವರು ಗೃಹಿಣಿಯಾಗಿದ್ದು ಮತ್ತು ಮಕ್ಕಳು ಮೈನರ್ ರಾಗಿರುತ್ತಾರೆ. ನಾನು _------------ ವೃತ್ತಿ ಮಾಡುತ್ತಿದ್ದು, ಆಧಾಯ ತೆರಿಗೆ ಅಸ್ಸೆಸ್ಸಿಯಾಗಿದ್ದು ಜಮೀನು ಕ್ರಯಕ್ಕೆ ಪಡೆದ ದಿನದಿಂದ ಐದು ವರ್ಷಗಳಲ್ಲಿ ನನ್ನ ಕೃಷೀಯೇತ ಆಧಾಯವು ಕೆಳಕಂಡಂತೆ ಇರುತ್ತದೆ

೨೦೦೨-೨೦೦೩ ರೂ
೨೦೦೩-೨೦೦೪ ರೂ
೨೦೦೪-೨೦೦೫ ರೂ
೨೦೦೫-೨೦೦೬ ರೂ
೨೦೦೬-೨೦೦೭ ರೂ
೨೦೦೭-೨೦೦೮ ರೂ

ಮೇಲ್ಕಂಡಂತೆ ನನ್ನ ಕೃಷೀಯೇತರ ಆದಾಯವಿದ್ದು ಈ ಆದಾಯ ಮತ್ತು ____________ ಹೋಬಳಿ ___________ ಗ್ರಾಮದ ಸರ್ವೆ ನಂ.____________ ರಲ್ಲಿ ___ ಎಕರೆ ______ ಗುಂಟೆ ಜಮೀನು ನಮ್ಮ ತಂದೆ /_____________ಹೆಸರಿನಲ್ಲಿದ್ದು ಈ ಜಮೀನಿನಲ್ಲಿ ನೀಲಗಿರಿ ಮರಗಳ ಮಾರಾಟದಿಂದ ಬಂದಂತಹ ಹಣವನ್ನು ಕ್ರೋಡೀಕರಿಸಿ ಮೇಲ್ಕಂಡ ಜಮೀನನ್ನು ಕ್ರಯಕ್ಕೆ ಪಡೆದಿರುತ್ತೇನೆ ಹಾಗು ನಮ್ಮ ತಂದೆಯ ಹೆಸರಿನಲ್ಲಿ ಮೇಲ್ಕಂಡಂತೆ ಜಮೀನಿದ್ದು ಇದರಿಂದಾಗಿ ನಾನು ಕೃಷಿ ಕುಟುಂಬಕ್ಕೆ ಸೇರಿದವನಾಗಿರುತ್ತೇನೆ.

ಮೇಲ್ಕಂಡಂತೆ ಕೃಷೀಯೇತರ ಆದಾಯ ಸರಾಸರಿ ವಾರ್ಷಿಕ ೨ ಲಕ್ಷಕ್ಕಿಂತ ಕಡಿಮೆ ಇದೆ. ಆದ್ದರಿಂದ ಭೂಸುಧಾರಣ ಕಾಯಿದೆ ಕಲಂ ೭೯ಎ ಮತ್ತು ೭೯ಬಿ ಉಲ್ಲಂಘನೆ ಮಾಡಿರುವುದಿಲ್ಲ, ಆದ್ದರಿಂದ ಜಿ ಸ್ಲಿಪ್ ನಂತೆ ________________ ಹೋಬಳಿ ______________ಗ್ರಾಮದ ಸರ್ವೆ ನಂ. ____________ ವಸ್ತೀರ್ಣ _____________ ಗುಂಟೆ ಜಮೀನಿನ ಖಾತೆ ಮತ್ತು ಪಹಣಿಯನ್ನು ಬದಲಾವಣೆ ಆದೇಶ ನೀಡಲು ಪ್ರಾರ್ಥಿಸಿಕೊಳ್ಳುತ್ತೇನೆ.

ಈ ಮೇಲ್ಕಂಡ ಪ್ರಮಾಣ ಪತ್ರವನ್ನು _____________ ಉಪ ವಿಬಾಗಾಧಿಕಾರಿಗಳ ನ್ಯಾಯಾಲಯಕ್ಕೆ ಸಲ್ಲಿಸಲು ಪ್ರಮಾಣಿಕರಿಸಿರುತ್ತೇನೆ.

ಈ ಮೇಲೆ ಹೇಳಿದ ಅಂಶಗಳು ಸತ್ಯವಾಗಿದ್ದು ಕೃಷೀಯೇತರ ಆದಾಯದ ಬಗ್ಗೆ ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರರಾಗಿದ್ದರೂ ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರರಲ್ಲವೆಂದು, ಉದ್ಯೋಗದಲ್ಲಿದ್ದರೂ ಉದ್ಯೋಗದಲ್ಲಿರುವುದಿಲ್ಲವೆಂದು ಹಾಗೂ ಇತರೆ ವ್ಯಾಪಾರ ವಹಿವಾಟು ಮಾಡುತ್ತಿದ್ದರೂ, ಮಾಡುತ್ತಿಲ್ಲವೆಂದು ತಪ್ಪು ಮಾಹಿತಿ ನೀಡಿ ಕೃಷಿಯೇತರ, ಆದಾಯದ ವಿವರದ ಬಗ್ಗೆ ಸುಳ್ಳು ಮಾಹಿತಿ ನೀಡಿರುವುದು ಮುಂದೆ ಕಂಡು ಬಂದಲ್ಲಿ ರುಜುವಾತಾದಲ್ಲಿ ಉದೇಶಿತ ಜಮೀನನ್ನು ಸರ್ಕಾರಕ್ಕೆ ಮುಟ್ಟುಗೋಲುಹಾಕಿಕೊಳ್ಳಲು ಒಪ್ಪಿ ದೇವರ ಹೆಸರಲ್ಲಿ ಪ್ರಮಾಣ ಮಾಡಿ ರುಜು ಮಾಡಿರುತ್ತೇನೆ.

ನನ್ನಿಂದ ಗುರುತಿಸಿದೆ

ವಕೀಲರು ಪ್ರಮಾಣಕರ್ತ

MODEL GENERAL POWER OF ATTORNEY BY PERSON RESIDING ABROAD

2008-05-11T01:21:00.002+05:30

GENERAL POWER-OF-ATTORNEY

THIS POWER-OF-ATTORNEY is executed on this the .......... day of........................... in the year.............................. by me, ............................... daughter of ............................... aged......... years permanently residing in............................... working in............................... holder of Passport No................ issued at............................. by the Indian Embassy, presently having come down to ............................... and temporaily residing in ............................................ in favour of my mother............................... aged........... residing in ............................... whose specimen signature is attested herein below,

WHEREAS I am permanently employed and working in..............................and I am consequently unable to look after the affairs of my properties and belongings in India, particularly in .........................; and

WHEREAS my mother mrs ..............................is competent to look after my affairs as effectively and efficiently as I myself can do; and

WHEREAS it may be necessary for me to dispose of encumber, alienate or otherwise deal with my property, more specifically the property having an extent of......................... in Sy. No/municipal khatha no: ........... of ......................... Village,/town ......................... District, ..........State with the building situated thereon bearing No. ...............; and

WHEREAS I, the aforesaid .......................... for the purpose of carrying out the various acts, deeds and things, am desirous of appointing my mother .......................... residing in......................... as-my attorney.

I hereby appoint her my attorney in my name and on my behalf to execute or to do all or any of the following deeds, acts or things, which I have to do relating to, and in connection with, the property and the building referred to above:—

1. To give, move and present before the appropriate authorities, applications, petitions, affidavits etc. necessary for the purpose of doing acts, deeds and things in relation to the land and the building referred to above.

2. To execute, sign, enter into, acknowledge perfect and do all such conveyances, leases, mortgages, transfers, surrenders, releases, assurances, deeds, agreements, instruments, acts and things as shall be requisite or as the said attorney may deem necessary or proper for or in relation to all or any of the purposes or matters aforesaid.

3. To sign, execute, present for registration, register, admit execution or registration or otherwise perfect or cause to be signed, executed, registered and perfected any agreement, lease, conveyance, reconveyance and other assurances in respect of the property referred to above, which may, in the opinion of my said attorney be expedient or necessary;

4. To represent me before all Government, Municipal, local or any other authorities constituted for any purpose whatsoever and to receive compensation and to give discharge in regard to any claim whatsoever arising howsoever in regard to the aforesaid properties.

5. To lease out the building or to do such other thing in relation to the use or occupation of the building or in any other manner which is permissible under law.

6. To apply for demand, sue for,, recover receive and from all and every or any person or persons whomsoever concerned or chargeable therewith all and every sum or sums of money, debts, goods, effects, securities, stocks, shares, debentures, fixed deposit receipts, rent and interests which shall or may belong to or be or become due or payable to me. -

7. To take possession of all property, lands and tenements as I am now or may in any way during my absence from India become entitled to and to bring any action or other proceeding in respect or for or concerning all or any such property, lands or tenements and also to demand, receive, recover and give receipts for the rents and profits thereof respectively for my use and to let, mortgage or create charge or sell or absolutely dispose of and convey the same or any part thereof or to join with any other persons or person having or who may hereafter have a share or interests with me in any property, lands or tenements in letting, selling or absolutely disposing of the same.

8. To sign in my name and as may act and deed, to execute, verify and deliver and plaint, written statement, affidavits, complaints, contract, agreement, lease, mortgage or assignment or conveyance of and concerning any property, land or tenement belonging or which may hereafter belong to me or any part thereof and to receive and sign and give or to join the signing and giving receipts or discharges for the moneys arising from such matters, transfers or transfer.

9. To appear before any registering authority and to present before him any instrument whether signed and executed by me or by my said attorney to admit the execution of the said deed or deeds, to admit the receipt of consideration and to do any act, deed or thing that may be necessary to complete the registration of the said deed or deeds and, when it has or they have been returned to them or him after being duly registered, to give proper receipts and. discharges for the same.

10. To commence, carry on, or defend all actions and other proceedings concerning my property, whether movable or immovable or any part thereof or concerning anything in which I may be a party, And to compound, compromise or submit to arbitration all actions, suits, accounts, claims and disputes between me and any other person or persons. And to engage any pleader, lawyer or advocate or Chartered Accountant to conduct any case, suit, appeal or other proceedings, concerning anything in which I may have any interest.

11. To accept the transfer of any stock, funds, shares, annuities and the securities which shall or may at any time hereafter be transferred to me and to vote at the meeting of any company, or otherwise to act as my attorney or proxies in respect of any stocks, shares or other investments now held or which may hereafter be acquired by me in any company.

12. To invest any of my moneys in such manner, at such rate of interest and upon such security as my said attorneys shall in his absolute discretion think fit, and from time to time to alter and vary the said investments, as aforesaid, to deposit the said moneys or any part thereof with any Financial Institution, Bank, Unit Trust of India or whom my said attorneys shall think fit to entrust.

13. For any of the purposes aforesaid and generally in my name and as my act to draw, endorse and sign any cheque or other negotiable instrument, dividend or interest warrants or other investments payable to me and to deposit in and operate upon the accounts standing in my name now or hereafter at any Bank or elsewhere.

14. To appoint and remove in his absolute discretion any substitute for or agent under my said attorney in respect of all or any of the matters aforesaid, upon such terms as he may think fit.

15. And generally to act as my attorney or agent in relation to the aforesaid properties and all other matters related thereto and on my behalf and for me to execute and do all instruments, acts, deeds, matters and things as fully and effectually in all respects as I myself could do if I were personally present. And execute and perform all and every other act, matter and thing whatsoever in any wise, necessary or expedient to be done in my concerns and business of every or any nature or kind arising during my absence from India as fully and effectually as if I were personally present to do the same.

AND I hereby ratify and confirm all such acts, deeds and things done by my said attorney by virtue of these presents and I hereby agree that the same shall be binding on me as if it were done by me and I undertake to ratify and confirm all and whatsoever my said attorney shall do or cause to be done by virtue of this power-of-attorney.

IN WITNESS WHEREOF, I, the aforesaid .......................... have signed this deed of power-of-attorney on this the.......... day of .................... in the presence of the following witnesses:

Executant

Specimen signature of the Attorney. ;

Witnesses:

1.
2.

Executed and signed before me in my Office at.........................on this the.......... day of....................

(Seal & Signature of the Indian Embassy)

TIPS TO FRAME A LEASE / RENTAL DEED

2007-06-14T06:24:00.005+05:30

TIPS TO FRAME LEASE OR RENTAL AGREEMENT.

NAMES OF ALL TENANTS

Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.

LIMITS ON OCCUPANCY

Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.

TERM OF THE TENANCY

Every rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.

RENT

Your lease or rental agreement should specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to your office. To avoid confusion and head off disputes with tenants, spell out details such as: acceptable payment methods (such as personal check only), whether late fees will be due if rent is not paid on time, the amount of the fee, and whether there's any grace period, and any charges if a rent check bounces.

DEPOSITS AND FEES

The use and return of security deposits is a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, your lease or rental agreement should be clear on: the amount of the security deposit, how you may use the deposit (for example, for damage repair) and how the tenant may not use it (such as applying it to last month's rent), when and how you will return the deposit and account for deductions after the tenant moves out, and any legal non-returnable fees, such as for cleaning or pets created damages.

REPAIRS AND MAINTENANCE

Your best defense against deductions in security deposits is to clearly set out your and the tenant's responsibilities for repair and maintenance in your lease or rental agreement, including: the tenant's responsibility to keep the rental premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect, a requirement that the tenant alert you to defective or dangerous conditions in the rental property, with specific details on your procedures for handling complaint and repair requests, and restrictions on tenant repairs and alterations etc.,

ENTRY TO RENTAL PROPERTY

To avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your legal right of access to the property -- for example, to make repairs -- and state how much advance notice you will provide the tenant before entering.

RESTRICTIONS ON TENANT ILLEGAL ACTIVITY

To avoid trouble among your tenants, prevent property damage, and limit your exposure to lawsuits from residents and neighbors, you should include an explicit lease or rental agreement clause prohibiting disruptive behavior, such as excessive noise, and illegal activity, such as drug dealing.

PETS

If you do not allow pets, be sure your lease or rental agreement is clear on the subject. If you do allow pets, you should identify any special restrictions, such as a limit on the size or number of pets or a requirement that the tenant will keep the yard free of all animal waste.

OTHER RESTRICTIONS

Be sure your lease or rental agreement complies with all relevant laws including rent acts, ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. State stamp and registration laws are especially key, notice requirements for entering rental property, tenants' rights to sublet or bring in additional occupants and rules for changing or ending a tenancy.

LIMITS ON THE TYPE OF BUSINESS

Any other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Important rules and regulations covering parking and use of common areas should be specifically mentioned in the lease or rental agreement

EXAMPLES AND SAMPLES OF CLAUSES

A. To keep the said land and buildings in good and substantial repair and deliver the same up to the Owner at the end of the term in good and substantial repair;

B. To permit the Owner or his agent to enter at all reasonable times to view the condition of the premises and to make good all defects there found, within three months after notice;

C. To permit the Owner his agent servants or workmen to enter and carry out all or any of the repairs which the Builder is liable to execute in all cases in which the Builder shall not execute the same within three months after receiving notice so to do and in such cases to pay to the Owner on demand the costs of such repairs but such covenant shall in no way relieve the TENANT from his liability to execute such repairs;

D. To insure and keep insured the said buildings in the joint names of the tenant and Owner against fire insurance and at all times, when required, to produce the policy of insurance, and the receipts of the respect of the same premiums in to the Owner or his agent, and to cause any money received by virtue of any such insurance to be forthwith applied in reinstating the premises, and if the same shall be insufficient to make up the defficiency;

E. To pay, a reasonable proportion towards the costs and expenses of making, supporting and repairing all pavements, fences, and party walls, sewers and drains, belonging to the premises, in common with other buildings or lands, such proportion to be ascertained by the surveyor of the Owner.

F. A condition for re-entry by the Owner on non-payment of rent for thirty days, or on breach of any of the covenants;

G. The tenant (having accepted the Owner's title) shall at the time aforesaid accept a Lease of the premises for the .............. term, at the rent of ...................., and subject to the covenants and conditions hereinbefore mentioned, and pay the costs and expenses of and incidental to the preparations and execution of this agreement and the said lease.

H. The tenant shall not assign the benefit of this agreement, without the consent in writing of the Owner.

COVENANT AGAINST CARRYING ON OFFENSIVE TRADES ETC.

Not to use the demised premises or any part thereof or permit or suffer the same to be used for any illegal or immoral purpose nor [without the consent in writing of the landlord] to carry on or permit or suffer to be carried on thereon or on any part thereof any offensive noisome obnoxious or dangerous trade business manufacture or occupation whatsoever [or use the demised premises or permit or suffer the same to be used as a factory] or so as to cause nuisance annoyance or inconvenience, to the landlord his tenants or the occupiers of neighbouring houses.

COVENANT FOR USE OF THE DEMISED PREMISES SOLELY FOR RESIDENTIAL PURPOSE

To use the demised premises for the purpose of a private [or professional] residence in single occupation only, provided that in the latter case the tenant may affix to the demised premises a name plate not exceeding.......... in size but shall not erect or exhibit any other sign notice or advertisement of any kind whatsoever on the demised premises.

COVENANT AGAINST NUISANCE OR ANNOYANCE TO THE LANDLORD OR OTHER CO-TENANTS

Not to do or permit or suffer anything to be done in or upon the demised premises or any part thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the landlord or the tenants or occupiers of neighbouring houses.

COVENANT FOR INSURANCE OF THE DEMISED PREMISES BY TENANT
WITH MODE OF APPLICATION OF THE INSURANCE MONEY— LANDLORD TO INSURE IN CASE OF TENANT'S DEFAULT AND GET REIMBURSEMENT

To keep the demised premises insured at ail times throughout the tenancy in the joint names of the landlord and the tenant from loss or damage by fire flood and other risks and special perils in the sum of Rs.......... at least [or a sum equal to the full insurable value thereof from time to time throughout the said term] and to make all payments necessary for the above purposes within seven days after the same shall respectively become due and to produce to the landlord or his agent on demand the policy or policies of such insurance and the receipt for each such payment and to cause all monies received by virtue of any' such insurance to be forthwith laid out in rebuilding and reinstating the demised premises or any part thereof in respect of which such monies shall have become payable or have been received in accordance with the original plans elevations and details thereof with such variations (if any) as may be agreed by the landlord or may be necessary having regard to the then existing statutory provisions bye-laws and regulations affecting the same and any necessary sanction from the appropriate authority (which it shall be the tenant's obligation to obtain) and] to the satisfaction in all respects of the surveyor for the time being of the landlord and to make up any deficiency out of his own monies PROVIDED ALWAYS that if the rebuilding or reinstatement of the buildings or any part thereof shall be frustrated all such insurance monies (other than as aforesaid) relating to the buildings or part in respect of which the frustration occurs shall be apportioned equally [or as may be otherwise agreed] between the landlord and the tenant and that if the tenant shall at any time fail to keep the demised premises insured as aforesaid the landlord may do all things necessary to effect and maintain such insurance and any monies expended by him for that purpose shall be repayable by the tenant on demand and be recoverable forthwith by action.

COVENANT FOR PAYMENT OF PROPORTIONATE COST FOR MAINTENANCE OF ROADS USED FOR COMMON ENJOYMENT

It is hereby agreed and declared as follows :
I. The lessor will maintain in repair the roads specified in the schedule hereto [and coloured brown on the plan annexed hereto] (being the roads over which a right of way is granted to the lessee) until they are taken over by the appropriate authority.

II. The lessee will pay a proportion of the cost of maintaining the said roads such proportion to be fixed by the lessor's surveyor PROVIDED that the lesseeshall not be required to pay hereunder a greater sum than Rs.... in any year of the tenancy.

III. In the event of.............. road [or the road in which demised premises are situate] being taken over by the local authority the lessee [or lessor] will pay all outgoings imposed on the demised premises in respect of works done for that purpose and thereafter the lessee will not be liable to contribute any sum towards the maintenance of any of the said Roads.

COVENANT RESTRICTING USER OF THE DEMISED PREMISES ONLY AS A DWELLING HOUSE OR PROFESSIONAL RESIDENCE

A. The tenant will use the demised premises only for the purpose of a dwelling-house or professional residence provided that in the latter case the tenant may affix to the said premises a brass plate not exceeding......... in size and stating his name profession and hours of attendance without any addition whatsoever [or use as a shop or use as a light [general industrial building].

B. The said use of the premises is a permitted use thereof and the tenant will not carry out any material change of use without the previous consent in writing of the landlord.

C. The tenant shall comply in all respects with the provisions and requirements of the relevant laws, bye-laws and regulations for the time being in force whether as to the permitted user hereunder or otherwise and shall indemnify and keep the landlord indemnified against all liability whatsoever including costs and expenses in respect of any contravention thereof.

D. The tenant will keep the garden and other land not occupied by buildings in a clean and proper conditions and so as not to cause injury to the amenity of any adjoining land and will forthwith comply.

COVENANT AGAINST ASSIGNMENT AND UNDERLEASE

Not to assign underlet or part with [or share] the possession of the demised premises or any part thereof [without the written consent of the landlord] [such consent however not to be unreasonably withheld in the case of a respectable and responsible person.]

COVENANT FOR NOTICE OF ASSIGNMENT OF LEASE TO LESSOR

Within one month after every assignment assent transfer or underlease {otherwise than by way of mortgage) of or relating to the demised premises or any part thereof or any bequest or devolution of the interest of the tenants therein or affecting the same to give notice thereof in writing with full particulars thereof to the landlord.

PROVISIONS FOR DIRECT COVENANTS BETWEEN UNDER LESSEE AND THE LANDLORD IN CASE OF ASSIGNMENT

Provided always that every assignment or underlease or tenancy agreement shall contain a covenant by the assignee underlessee or tenant as the case may be directly with the landlord to observe and perform the covenants and conditions herein contained including a covenant not to further assign or underlet or part with the possession of the demised premises [or any part thereof] without such consent as aforesaid and in the case of an assignment to pay the rent hereby reserved.

COVENANT FOR PAYMENT OF RATES AND TAXES ETC. BY TENANT

To pay all existing and future rates taxes assessments and outgoings now or hereafter imposed or charged upon the owner or occupier of the demised premises except only such as the owner is by law bound to pay notwithstanding any contract to the contrary.

COVENANT BY LANDLORD SUPPLEMENTAL TO A SUBSISTING LEASE TO
OFFER ADDITIONAL ACCOMMODATION TO THE TENANT UPON A FUTURE
VACANCY IN OTHER PART OF THE DEMISED OFFICE PREMISES

In the event of the.............. [and..............] floors of the building [or either of
them] or any part thereof [respectively] becoming vacant at any time during the period of this lease the landlord will whenever the vacancy occurs offer the same to the tenant in the manner hereinafter mentioned and the following provisions shall apply:

A. The landlord shall give to the tenant notice in writing of the premises becoming vacant as aforesaid whenever the same shall occur ;

B. If the tenant shall within one month of the receipt of such notice state his desire in writing to the landlord for a lease of such premises the landlord shall thereupon grant to the tenant a lease of the said premises for a term co-terminous with the term hereby granted at the rent hereinafter mentioned and containing (with the exception of the present covenant) the like covenants agreements conditions and provisos as are herein contained so far as the same are applicable. The tenant on the execution of such additional lease or leases shall execute a counterpart thereof;

C. The rent to be paid under the said additional lease or leases shall be such sum as shall be agreed between the landlord and the tenant as then representing the fair rent for such premises for a term of years equivalent to the then un expired residue of the said term granted by this lease as between a willing landlord and a willing tenant with vacant possession and otherwise on the terms hereinbefore mentioned.

COVENANTS BY SURETY FOR PAYMENT OF RENT AND PERFORMANCE OF OBLIGATIONS BY TENANT

The surety [or sureties] in consideration of the demise hereinbefore contained having been made at his [ortheir] request hereby [jointly and severally] covenants] with the landlord that the tenant will pay the rent hereby reserved on the days and in manner aforesaid and will perform and observe all the tenant's covenants hereinbefore contained and that in case of default in such payment of rent or in the performance or observance of such covenants as aforesaid the surety [or sureties or one of them] will pay and make good to the landlord on demand all losses damages costs and expenses thereby arising or incurred by the landlord PROVIDED ALWAYS and it is hereby agreed that any neglect or forbearance of the landlord in endeavouring to obtain payment of the rent hereby reserved when the same becomes payable or to enforce performance of the several stipulations herein on the tenant's part contained and any time which may be given to the tenant by the landlord shall not release or exonerate or in any way affect the liability of the suretyjor sureties] under this covenant.

CLAUSE PROVIDING ABATEMENT OF RENT IN CASE OF FIRE

If the demised premises or any part thereof shall at any time during the tenancy be destroyed or damaged by fire so as to be unfit for habitation and use and the policy or policies of insurance effected by the landlord shall not have been vitiated or payment of the policy monies refused in whole or in part in consequence of any act or default of the tenant and the demised premises shall not be rebuilt or reinstated by the landlord within........ months after the event the sum of Rs.......... part of the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall after the expiration of such.......... months be suspended until the demised premises shall
again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactments in that behalf for the time being in force.

COVENANT FOR PAYMENT OF RATES, TAXES ETC. BY TENANT

To pay all existing and future rates taxes assessments and outgoings imposed or charged in respect of the demised premises such outgoings [in respect of street works, sewering, draining, sanitary or other work done under the order of any public authority] as are payable by the landlord in the absence of special stipulations to the contrary only excepted.

COVENANT FOR QUIET ENJOYMENT

The tenant paying the rent hereby reserved and performing and observing the several covenants on his part and the conditions herein contained shall peaceably hold and enjoy the demised premises during the said term without any interruption by the landlord or any person rightfully claiming under or in trust for him.

COVENANT TO APPLY IN REBUILDING, ETC. MONEY RECEIVED FROM INSURANCE NOT COVENANTED TO BE RECEIVED

If at any time the landlord is entitled to the benefit of any insurance on the demised premises (which is not effected or maintained in pursuance of his obligation aforesaid) then to apply all money received by virtue of such insurance in making good the loss or damage in respect of which the same shall have been received.

COVENANT NOT TO PERMIT SPECIFIED TRADE ON ADJOINING PROPERTY OF LANDLORD, ETC.

Not during the term to carry on or permit suffer to be carried on by others in or upon the adjoining premises belonging to the landlord and known as Nos..............street (or upon any adjoining property now belonging or which shall at any time hereafter belong to the landlord) or any part thereof the trade or business of a............... (hereinbefore covenanted to be carried on by the tenant upon the demised premises) or any branch or such business and if the said adjoining premises of the landlord or any part thereof shall at any time during the continuance of the term be sold conveyed demised or otherwise disposed of by the landlord or become vested in any other person whomsoever this covenant shall be operative and binding upon every other such person and shall be enforceable by the tenant and his assigns against all persons hereafter claiming any estate or interest in the said adjoining property or any part thereof.

COVENANT TO YIELD UP TENANCY

At the determination of the tenancy to yield up the demised premises and all additions thereto and all fittings and (landlord(s) fixtures therein in tenantable repair in accordance with the tenant's covenants herein contained.

COVENANT BY UNDERLESSEE TO PERFORM COVENANTS IN HEAD LEASE

To perform and observe the covenants on the lessee's part contained in the head lease except only the covenant for payment of the rent reserved thereby and the covenant for insurance therein contained and to keep the landlord indemnified against all claims damages costs and expenses in any way relating thereto.

COVENANT TO REPAIR OUTSIDE OF PREMISES

To (repair and) keep the exterior (other than windows and skylights locks latches and fasteners) of the demised premises and of all additions to the same (and the internal load bearing walls roof and floor joists thereof (but not including plaster or other surface material applied to interior faces of any load bearing walls whether internal or external or floor boards or ceilings) and the main drains and the boundary walls and fences thereof in tenantable repair.

COVENANT TO PAY INCREASED RENT OR ANY INCREASE IN THE EXISTING RATES AND TAXES PAID BY THE LANDLORD

To pay the reserved rent on the days and in the manner aforesaid and also to pay to the landlord by way of additional sum equal to the amount by which the rates (excluding water rate) from time to time payable in respect of the demised premises shall exceed the sum of Rs...........for each quarter [being the sum now payable in respect of rates] such payments to be made on the quarter day following the payment of rates by the landlord. The landlord shall on demand by the tenant produce the receipt for the payment of the rates.

Covenant for furnishing of all Notices affecting the existing Rates or Taxes for the demised premises to the Landlord. The tenant will immediately upon receipt thereof deliver to the landlord all notices received by him from the assessing authority the valuation officer or from any other person whatsoever which affect or are likely to affect the rates payable in respect of the demised premises or the assessment of the rateable value thereof.

CLAUSE AS TO NOTICES

Upon the receipt of any notice order direction or other thing from any competent authority affecting or likely to affect the demised premises whether the same shall be served directly on the tenant or the original or a copy thereof be received from any underlessee or other person whatsoever the tenant will so far as such notice order direction or other thing or the Act regulations or other instrument under or by virtue of which it is issued or the provisions hereof require him so to do comply therewith at his own expense and will forthwith deliver to the landlord a copy of such notice order direction or other thing.

COVENANT FOR INSURANCE AND RECONSTRUCTION IN CASE OF FIRE, WITH SUSPENSION OF RENT UNTIL PREMISES ARE FIT FOR HABITATION

A. At all times throughout the tenancy to keep the demised premises insured against loss or damage by fire in the sum of Rs......... at least and to make all payments necessary for the above purpose within seven days after the same shall respectively become payable and to produce to the tenant on demand the policy of such insurance and the receipt for the last such payment in respect of the policy and to cause all money received by virtue of such insurance to be forthwith laid out in rebuilding and reinstating the demised premises and to make up any deficiency out of his own money provided that the landlord's obligation under this covenant shall cease if the insurance shall be rendered void by reason of any act or default of the tenant.

B. If the event of the demised premises being damaged or destroyed by fire to reinstate the same at his own expense and with all convenient speed and this covenant is additional to the foregoing covenant to insure the demised premises.

C. In the event of the demised premises or any part thereof at any time during the tenancy being damaged or destroyed by fire so as to be unfit for habitation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force.

COVENANT FOR LIABILITY IN CASE OF BREACH OF ANY CLAUSE OF INSURANCE POLICY

Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the demised premises against damage by fire (a copy of which the landlord shall if required furnish to and at the expense of the tenant) may become void or voidable or whereby the rate of premium thereon may be increased and to repay to the landlord all sums paid by way of increased premiums and all expenses incurred by him in or about in renewal of such policy or policies rendered necessary by a breach of this covenant and all such payments shall be added to the rent hereinbefore reserved and be recoverable as rent.

COVENANT FOR RECONSTRUCTION OF DEMISED PREMISES DAMAGED BY FIRE—WHERE INSURANCE MONEY IS WHOLLY OR PARTIALLY RECOVERABLE

In the event of the buildings hereby demised or any of them or any part thereof being destroyed by fire at any time during the tenancy and the insurance money under any policy of insurance effected thereon by the landlord being by reason of any act or default of the tenant wholly or partially irrecoverable forthwith in every such case to rebuild and reinstate at his own expense the building so destroyed or damaged to the satisfaction and under the supervision of the landlord's surveyor the tenant being allowed towards his expenses of so doing upon such rebuilding and reinstatement being completed the amount (if any) actually received by or on behalf of the landlord in respect of such destruction or damage under any such insurance as aforesaid.

SPECIAL COVENANT FOR PROVISIONS IN CASE OF ASSIGNMENT TO A COMPANY

The Tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the written consent of the landlord such consent not to be unreasonably withheld in the case of a respectable and responsible person PROVIDED however that should the tenant desire to assign the demised premises or any part thereof to a limited company he shall before doing so procure that two directors thereof join in the assignment as sureties for the company and jointly and severally covenant with the landlord that so long as the term granted by the lease is vested in the company they will pay and make good to the landlord all losses costs and expenses sustained by the landlord through the default of the company to pay the rent reserved by the lease or the failure of the company to observe and perform the tenant's covenants and conditions therein contained.

COVENANT FOR FURNISHING COPY OF ASSIGNMENT/UNDER LEASE

Within one month of every assignment transfer of underlease of or relating to the demised premises or any part thereof to give notice thereof in writing with particulars thereof to the solicitors for the time being of the landlord and produce to them copy of such assignment transfer or underlease or in the case of a devolution of the interest of the tenant not perfected by an assent to produce to the said solicitors the probate of the will or the letters of administration under which such devolution arises.

COVENANT TO PAY RENT AND OBSERVE COVENANTS OF THE PRINCIPAL LEASE

During the term to pay the rent reserved by the head lease and to perform (so far as the tenant is not liable for such performance under the covenants on his part hereinbefore contained) all the lessee's covenants contained therein and to keep the tenant indemnified against all claims damages costs and expenses in any way relating thereto.

COVENANT FOR UNINTERRUPTED SUPPLY OF WATER TO A FLAT

The landlord will at all times maintain a reasonable and adequate supply of water for domestic purposes to the flat PROVIDED that the landlord shall not be under any liability whatever for any interruption of such supply of water from any cause whether or not such cause arises from or is contributed to by the negligence of the landlord or his servants and agents. The tenant shall not add to or in any way interfere with the pipes or other apparatus for such supply.

INDEMNITY CLAUSE PROVIDING SECURITY TO AN UNDERLESSEE AGAINST CONSEQUENCES FOR NON-PAYMENT OF RENT UNDER THE PRINCIPAL LEASE

a. The underlessor hereby covenants with the underlessee that the underlessor or the person deriving title under him will henceforth duly pay the yearly rent made payable by the head lease and will observe and perform all the covenants and conditions therein contained and henceforth on his part to be observed and performed.

b. It is hereby agreed and declared that if the underlessee shall at any time or times hereafter pay any sum or sums of money or sustain or incur any loss, damage or expense for or on account of the said last-mentioned yearly rent covenants and conditions then and in every such case and so often as the same shall happen it shall be lawful for the underlessee to retain the said rent hereby reserved until there shall thereby or otherwise be fully paid and satisfied all and every sum or sums of money loss damage or expense as aforesaid and also by way of additional remedy to enter upon and remain in possession and receipt of the rents and profits of any such part of the premises comprised in the head lease as is not hereby demised until by the means aforesaid or otherwise he shall be fully reimbursed all monies, loss, damage, or expense so paid sustained or incurred PROVIDED ALWAYS that the power last hereinbefore contained shall so far as regards such parts of the premises comprised in the head lease as have already or may hereafter be underlet be exercisable only in respect of and be limited to the receipt of the rents reserved by the underleases by which such parts may be underlet respectively.

PROVISO TO A REPAIRING COVENANT EXTINGUISHING TENANT'S LIABILITY WHERE PERMISSION OF APPROPRIATE AUTHORITY COULD NOT BE OBTAINED

Provided always and it is hereby agreed that the liability of the tenant here-under to repair shall in all cases be satisfied by the execution of all repairs for the execution of which he can by making all proper and sufficient applications obtain any necessary permission of a competent authority and that where any such permission is refused or granted only to some limited extent, his liability to execute any repairs to which such refusal extends and his liability to pay damages for such non-execution shall be extinguished.

CLAUSE FOR SECURITY DEPOSIT AGAINST DAMAGES AND OTHER PUBLIC UTILITY CHARGES FOR A FURNISHED APARTMENT

The tenant agrees to pay to the landlord on the signing of this agreement a deposit of Rs............ to be held by him until the maintenance expiration of the tenancy as security towards the tenant's liability for electricity, telephone rental charges and repairs to damages.

COVENANT FOR INDEMNITY BY UNDER LESSEE IN FAVOUR OF UNDER LESSOR AGAINST CLAIM OF SUPERIOR LANDLORD UPON THE UNDER LESSOR FOR BREACH OF ANY COVENANT IN THE ORIGINAL LEASE BY THE UNDERLESSEE

The underlessee hereby covenants with the underlessor that he will fully and effectually indemnify the underlessor against all claims costs expenses and proceedings taken by a superior lessor against the underlessor in respect of the breach of the covenant to leave the said premises in repair at the determination of the term granted by such superior lease.

RESTRICTIVE COVENANT AGAINST ALTERATIONS OF THE DEMISED PREMISES WITHOUT CONSENT OF LANDLORD

Not without the previous consent in writing of the landlord to erect any new buildings on the demised premises or make any alterations or additions to the said premises [or in the laying out or arrangement of the gardens and grounds thereof] or to any new buildings, alterations or additions erected or made in pursuance of the consent of the landlord given under this clause.

COVENANT FOR LANDLORD'S CONSENT PRIOR TO ANY ALTERATIONS IN THE DEMISED PREMISES

Not to make any alterations or additions to the demised premises or erect any new buildings thereon without the previous approval in writing of the landlord to the alterations, additions or new buildings proposed and to the plans and specifications thereof and to make all such alterations, additions and buildings in conformity with such plans and specifications duly approved by the appropriate authorities.

RESTRICTIVE COVENANT AGAINST INTERFERENCE WITH SERVICE INSTALLATIONS IN THE DEMISED PREMISES BY THE TENANT

Not to add to or in any interfere with [otherwise than for the purpose of complying with his obligations hereunder for the repair of the same] the electric cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installation.

RESTRICTIVE COVENANT AGAINST CAUSING DAMAGES TO THE DEMISED PREMISES

Not to cut main or injure and of the walls or timbers of the demised premises or suffer or permit the same to be done except for carrying out needful repairs.

COVENANT FOR REMOVAL OF UNAUTHORISED CONSTRUCTION

To remove any additional buildings additions or alterations made to the demised premises except those made with the consent in writing of the landlord at or before the end of the tenancy if so required by the landlord and in such case to restore the demised premises in all respects to their former state.

CLAUSE PROVIDING FOR SURRENDER OF LEASE BY LESSEE BEFORE AN INTENDED ASSIGNMENT—LANDLORD'S OPTION TO ACCEPT OR REJECT

The tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the previous consent in writing of the landlord such consent subject as hereinafter provided not to be unreasonably withheld to an assignment or underletting of the whole of the demised premises to a respectable and responsible person.
PROVIDING ALWAYS that if the tenant desires to assign or underlet the whole of the said premises as aforesaid he shall first by notice in writing to the landlord offer to surrender the lease without any consideration and the landlord may within....... days of the service of such notice upon him accept such offer in writing without prejudice to all rights and remedies of the landlord hereunder in respect of rent or breach of covenant. If the said offer is not accepted by the landlord or on his behalf within the said............ days it shall be deemed to have been rejected.

COVENANT BY TENANT AGAINST OBSTRUCTION OF LIGHT AND AIR TO LANDLORD'S PREMISES BY NEW CONSTRUCTION

Not to make any alteration of or addition to the demised premises which will interfere with the access of light and air to the existing windows and openings of the landlord's adjoining or neighbouring premises.

CLAUSE FOR DETERMINATION OF LEASE UPON TENANT'S DEATH OR BY NOTICE FROM EITHER SIDE

If the tenant [or the landlord or either party] shall desire to determine the term hereby granted at the end of the first......... or.......... years thereof [or in consequence of the death of the tenant whichever shall first happen] and shall give to the landlord [ortenant or other party]........... month's previous notice in writing of such his desire [such notice if given in consequence of the death of the tenant to be given within six months after his death] [in case of determination by tenant add: and shall up to the time of such determination pay the rent and [reasonably] observe and perform the covenants on his part hereinbefore reserved and contained] then immediately on the expiration of such........... or........ years [orthe period in respect of which such notice is given] as the case may be the present demise and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant contained or otherwise howsoever other.Than by effluxion of time when this deed shall be absolutely void.

OPTION CLAUSE FOR RENEWAL FOR FURTHER TERM-TO BE FIXED ON MARKET VALUE -RENT
If the tenant shall be desirous of taking a lease of the demised premises for a further term of [.........] years from the expiration of the term hereby granted at the rent and on the terms and conditions hereinafter mentioned and shall not more than twelve nor less than six months before the expiration of the term hereby granted give to the landlord notice in writing of such his desire and if he shall have paid the rent hereby reserved (hereinafter called the current rent) and shall have [reasonably] performed and observed the several stipulations herein contained and on his part to be performed and observed up to the termination of the tenancy hereby created then the landlord will let the demised premises to the tenant for the further term of [........] years from........at a rent to be determined in the manner provided by the schedule hereto and payable as therein provided and subject in all other respects to the same stipulations as are herein contained except this clause for renewal.

SCHEDULE REGARDING RENT

a. The rent for the said further term (hereinafter called the new rent) shall be such annual sum as shall be agreed between the landlord and the tenant or determined as hereinafter provided to be the current market rental value of the demised premises at the time of such agreement or determination and shall be paid without any deduction within 7th day of every current month in advance.

b. Any agreement between the landlord and the tenant as to the new rent shall be in writing signed by the parties.

c. If such agreement has not been made six months before the date on which the said further term is due to commence either party hereto may require an independent surveyor (hereinafter called the surveyor) to determine the new rent.

d. The surveyor may be nominated by agreement between the landlord and the tenant.

e. Notice in writing of his appointment shall be given by the surveyor to the landlord and the tenant inviting each to submit within a specified period (which shall not exceed four weeks) a valuation accompanied if desired by a statement of reasons.

f. The surveyor shall act as an expert and not as an arbitrator. He shall consider any valuation and reasons submitted to him within the said period but shall not be in any way limited or fettered thereby and shall determine the new rent in accordance with his own judgment and option as to the true current •market rental value of the demised premises.

g. The surveyor shall give notice in writing of his decision to the lessor and the lessee within [two] months of the appointment or within such extended period as the landlord may agree.

h. If the surveyor comes to the conclusion that the current market rental value of the demised premises is less than the current rent and the new rent shall nevertheless be the same as the current rent and the decision of the surveyor shall so state.

i. If the surveyor shall fail to determine the new rent and give notice thereof within the time and in the manner hereinbefore provided or if he shall relinquish his appointment or die or if it shall become apparent that for any reason he will be unable to complete his duties hereunder the landlord and the tenant may appoint a new surveyor upon mutual consent to decide upon the matter within an extended period in the like manner.

j. The decision of the surveyor shall be final on all matters hereby referred to him.

k. Rent shall not be due at the rate of new rent notwithstanding that the said further term may already have commenced until after the tenant has been given such notice thereof as is hereby provided and if the said further term shall have commenced before the tenant has been given such notice the rent shall for the time being and until such notice is given be at the rate of the current rent but on the first rent day after the giving of such notice to the tenant there shall fall due in addition to the appropriate instalment of the new rent a sum by way of additional rent equal to the difference between the new rent and the current rent for the period since the commencement of the said further term.

l. The fees of the surveyor shall be shared equally between the landlord and the tenant.

m. As respects all periods of time referred to in this schedule time shall be deemed to be of the essence of the contract.

CLAUSE FOR APPORTIONMENT OF RENT IN CASE OF ASSIGNMENT OF PORTION OF DEMISED PREMISES BY THE HEAD-LESSEE

It is hereby agreed that if at any time during the term hereby granted any person being for the time being the tenant of the whole or part of the premises hereby demised shall desire to assign a part only of the premises then vested in him at an apportioned rent and shall produce the assignment of such part to the solicitors of the landlord then if the landlord in his absolute discretion approves such apportionment of rent and a payment of [........] is made to his solicitors an endorsement shall be made on such assignment confirming such apportionment of rent and the premises comprised in such assignment shall be subject only to the rent so apportioned to them and to the covenants and conditions herein contained so far as only as they are applicable to the property assigned and the retained land shall be similarly subject only to the residue of the rent of the premises vested in such tenant immediately before such assignment and to the covenants and conditions herein contained so far as only as they are applicable to the land so retained.

CLAUSE RESERVING PAYMENT OF PERIODICAL RENT TOGETHER WITH ARREAR RENT, IF ANY, AS PER TERMS OF THE LEASE

Paying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) to be made in advance within 10th day of every month the first payment to be made on......... [or, if the term commences during the currency of a rent period, the first payment of Rs............ being a proportionate part of the payment to be made on............] and the last payment to be made in advance on the [day for payment] immediately preceding the expiration or sooner determination of the terqi together with the payment falling due on that day.

PROVISION FOR PAYMENT OF AGREED FIXED RENT IN ADVANCE

Paying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) the first of such payments to be made on the day of the commencement of the tenancy [or on the signing hereof] and every subsequent payment to become due payable and recoverable in advance within 10th day of every current month.

(COLLECTED EDITED AND REDRAFTED BY SRIDHARABABU.N)

MODEL TEMPLE PROPERTY TRUST DEED

2007-06-08T08:35:00.001+05:30

DEED OF TRUST OF TEMPLE PROPERTY
(RELIGIOUS TRUST)

THIS DEED OF TRUST is executed at ............ this ........ day of .......... between
Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of .................................................................. hereinafter referred to as 'the Settlor' of the one part
And
(1) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
{2J Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
(3) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
Hereinafter collectively referred to as 'the Trustees' of the other part.

Whereas:-
(1) The Settlor owns a piece of land situate at ................, having khatha number ............. and it is self acquired property of settlor and more particularly described in the Schedule hereunder written.

(2) The Settlor has constructed a building on the said land, in the nature of a temple and has installed therein the image or idol of the Deity of .......... after performing due ceremonies according to Hindu shastras.

(3) The Settlor desires to dedicate the said temple to the public and, therefore, proposes to transfer the said temple property to the Trustees including the Settlor for being held on the following Trust and which the Trustees have agreed to do.

(4) The Settlor has also set apart a sum of Rs. ........... as the initial Trust Fund to enable the Trustees to manage the said temple as hereinafter provided and the sum is handed over to the Trustees by crediting the same in an account opened in the name of the Trustees with the Bank of ........ at ....................

NOW THIS DEED WITNESSETH that pursuant to the premises the Settlor doth hereby grant and transfer, all that piece of land together with the building standing thereon situated ... and more particularly described in the First Schedule hereunder written and together with all the liberties, privileges, easements, and other appurtenances belonging to the said land and building AND TOGETHER with all rights title and interest of the Settlor into and upon the said piece of land and building and other the premises hereby granted and transferred TO HAVE AND TO HOLD the same unto the Trustees but upon the use and Trusts and subject to the powers, provisions, directions, terms and conditions hereinafter mentioned and subject to the payment of all taxes dues and duties payable to the Government or Municipal Corporation or any other local authority.

AND IT IS HEREBY DECLARED AS FOLLOWS:

1. This Trust will be known as ........... Temple Trust.

2. The Trustee shall invest the said amount of Rs. ........ and all other moneys forming part of the Trust Fund as hereinafter defined in Trust securities prescribed by law including fixed deposits with any nationalised public Banks or in bonds and other securities offered by public or Government Corporations or companies but not in shares of and fixed deposits with any commercial company or Corporation in the private sector. The Trustees will be entitled to change the investments from time to time as required but shall not trade in such investments for profit.

3. The expression "Trust Fund" appearing herein will mean the said sum of Rs. ........... and will include or will be deemed to include all moneys received as donations or gifts or by sale or other disposal of any Trust property, moveable or immoveable including moneys offered before the said deity from time to time and at all times and all moneys received or recovered by way of income or profits or gains from the Trust Fund or property or in any other form or by any other way whatsoever.

4. The expression "Trust Property" appearing in this deed will mean the said temple property described in the Schedule hereunder written and hereby granted and all other moveable and immoveable properties or other intangible rights received by the Trustees by way of donations, gifts or purchase or other mode of acquisition and all articles and things offered to or before the deity or otherwise received or recovered by any other mode or in any other way whatsoever.

5. The Trustees shall, out of the gross income from the Trust Property and Trust Fund pay all the liabilities by way of taxes and other levies payable to the Government or Municipality or any other local authority and all other outgoings for repairs and managing of the Trust property including the salaries or wages payable to the servants and other employees employed by the Trustees for the management of the Trust property and otherwise authorized by this deed or in law.

6. Any moneys received by the Trustees on any account shall be first credited to the account or accounts opened by the Trustees in one or more Bank or Banks and no moneys so received shall be spent or utilised directly in making any expenses except expenses not exceeding a sum of Rs. ........... at a time. All expenses to be incurred will be made by drawing moneys by cheque from one or the other Bank account.

7. The Trustee shall keep one or more boxes properly locked and sealed and permanently fixed or fastened to any permanent fittings in the temple for collecting or receiving the moneys offered by the devotees visiting the temple and such box or boxes will be opened by them at the end of each week or earlier if necessary in the presence of the two Trustees or any one Trustee and any employee of the Trust and moneys will be collected and shall be directly deposited in the Bank account. A separate book will be maintained for the purpose and entries of such moneys will be made in the book against each date or time the box is opened. The Managing Trustee or any Manager if appointed will retain the keys of such boxes.

8. All the offerings before the deity by way of moveable articles will be collected every day and will be collected and kept at a safe place and will be sold by auction and at such reasonable intervals as the Trustees may think fit except such articles as are perishable by their nature and which will be distributed among such needy people as the Trustees may think fit.

9. The Trust temple will be kept open to the public for such period or periods every day as the Trustees may decide from time to time, but otherwise it will be open to all persons irrespective of any caste or creed. There shall be equality among all. No rich and poor discrimination shall be made. No preference shall be given to individuals for darshanas based on their power and richness, first come first darshan principle should be adopted.

10. The actual temple premises shall be used and allowed to be used only for worship and any programme or function related to such worship, religious preachings and not for any other purpose. No political functions shall be allowed. No election campaigns shall be allowed. No politically motivated offerings shall be allowed.

11. All expenses of and incidental to the daily pooja and occasional poojas and of all other functions or religious ceremonies held in the Temple will be borne and paid out of the income of the Trust Fund. The Trustees shall celebrate the birthday of the deity every year and hold such other religious functions including kirtans and pravachanas as they may think fit.

12. The Trustees shall not accept any money or other donations for performing casually or otherwise religious ceremony or duty from the members of the public though the Trustees may allow the Pujari to do so on his own responsibility.

13. The Trustees shall be entitled to employ other servants for maintenance and upkeep of the temple including a Manager, Accountant, Clerk or Watchman and pay the wages and other emoluments as may be fixed by the Trustees from time to time which will be paid out of the income of the Trust Fund.

14. The Trustees shall have power also to engage the services of Architects, Chartered Accountants, Lawyers and other professionals for advice or attending to any work in connection with the Trust from time to time and to pay their fees and other charges out of the income of the Trust property and fund.

15. The Trustees shall be entitled to carry out repairs and or renovations or additions to the temple building from time to time, and meet the expenses thereof out of the corpus of the Trust Funds but the Trustees, shall have no power to sell the said temple property described in the Schedule hereunder written or any part thereof or mortgage the same or to create any charge thereon. The Trustees, however, will have the power to purchase or otherwise acquire any immoveable property including any flat or other premises in a Co-operative Housing Society or an apartment ownership if it is in the interest of the Trust, but not otherwise, and also power to sell or give on lease or tenancy any such property purchased or otherwise acquired if it is in the interest of the Trust to do so.

16. If after meeting all expenses of and relating to the maintenance and upkeep of the said Temple property and the holding of Pujas or other functions in the temple and payment of all other liabilities any income still remains at any time or from time to time the Trustees will have power to spend the same on any of the following charitable objects viz
(1) In giving donations to any educational or medical or other charitable institution;
(2) In meeting the costs or expenses of medical treatment required to be given to any deserving poor patient who cannot afford to meet the same otherwise;
(3) In helping any persons, directly or indirectly, who are affected by calamity such as earthquake, fire, floods or other accidents.
(4) In establishing age old homes, destitute homes, anathashramas (orphanages), beggars rehabilitation centers, hygienic public use toilets, drug addictors rehabilitation centers, centers for treating mentally retarded, family counseling centers, etc.,
(5) Organizing pravachanas(teachings) for promoting national integrity and communal harmony.

17. The Trustees shall from time to time open in their own names or in the name of the Trust one or more accounts or account, current or saving/ with any one or more Banks as they may think fit and any two of the Trustees (and during the lifetime of the Settlor as Trustee, he will be one of them) shall be entitled to operate the same by drawing, accepting endorsing and otherwise negotiating cheques, or other negotiable instruments, withdrawing moneys therefrom, from time to time and otherwise operating the same.

18. For the purpose of increasing the income of the Trust, the Trustees shall be entitled to construct any hall or other premises or accommodation for holding temple functions or for letting out the same for functions by others on such terms and conditions as the Trustees may think fit but in such case the Trustees shall keep the premises of the temple free from any disturbance or encroachments or use in connection with such function and shall not cause any interference with or annoyance to the worshipers visiting the temple.

19. The Trustees shall keep the said temple property as well as all other immoveable property and valuable moveable property insured for a reasonable amount or amounts against fire, theft and other accidents as they think fit and shall keep the insurance alive all the time.

20. The Trustees will have power to accept any donation of any property moveable or immoveable or of moneys or securities provided such donation is not onerous or against the interest of the Trust and the conditions, if any, imposed are not inconsistent with the provisions of this Deed or contrary to the main object of this Trust.

21. During the time the settlor is a Trustee of this Trust, he will act as Managing Trustee of the Trust, and after he ceases to be a Trustee, the Trustee shall appoint a Managing Trustee from among them. In the absence of any agreement between the Trustees as to who should be the Managing Trustee, the senior most in age among them would act as the Managing Trustee.

22. Any of the powers and authorities by this Trust given to or vested in the Trustees may at any time, when there is more than one Trustee, be exercised by a majority of the Trustees and without the concurrence, or with merely a formal concurrence of any Trustee who by reason of illness, infirmity or otherwise may be unable, without inconvenience, to take an active part therein and such Trustee may in order to facilitate business, by power of attorney or otherwise, empower any of the other Trustees to use his or her name for execution or signature of documents or for any of the purposes of this Trust without being responsible for loss and all the acts and proceedings of the majority of the Trustees shall in such case be valid and effectual as if they had all concurred therein. All acts, proceedings and exercise of discretion of the majority of the Trustees shall be absolutely binding on the remainder of the Trustees.

23. The Trustees shall have full power to file and defend suits, appeals, applications etc., and for any one of them to declare, sign and verify all plaints, written statements, rnemos of appeals, cross-objections, applications, affidavits, vakalaths, SPA’s, etc., and to accept writ of summons, notices etc., and to appear in any Court of law or Tribunal or before any Government Officer in connection with such legal matter or any other matter concerned with the Trust and other proceedings and all differences disputes and demand and to refer any such difference, dispute or demands to arbitration and adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and discharges and to do all other things relating thereto.

24. The receipt of the Trustees or any of them for the purchase money of any property hereby directed or authorized to be sold or for any other moneys paid and for any securities transferred to them by virtue of these presents or in the execution of any of the Trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same there from or from being bound to see at the application or being answerable for the loss or misapplication thereof.

25. The Trustees shall be responsible for their own individual acts and defaults only and not for the acts or defaults of the other or others nor for the acts or defaults of any banker, broker, auctioneer or other persons into whose hands any Trust property consisting of securities or money or the income thereof shall in the ordinary course of business come or for the depreciation of any property or securities nor for any mistake or error of judgment committed by them in regard to the choice of the recipients of the benefit of Trust premises of the objects thereof in any particular case or cases or otherwise howsoever except for their willful acts and default only.

26. The Trustees shall pay themselves and defray and satisfy out of the Trust Funds for the time being all expenses which they may reasonably have to incur in and about the execution of the Trusts and powers herein contained and the administration of the Trust premises hereby effectuated, including the premium for the insurance of the buildings for the time being subject to the Trust hereof but the Trustees shall not be personally responsible for any loss arising in consequence of any accidental omission to insure any building against risk from fire or other risk.

27. The Trustees shall cause proper accounts to be kept of the Trust premises and all additions thereto and the income thereof respectively and the accumulations of such income and the application thereof from time to time and shall on checking the same sign the account books twice in each year. The account books so signed by the Trustees shall be examined audited and certified by one or more properly qualified chartered accountants once in each year and the audited statements of account shall likewise be signed by all the Trustees.

28. The Trustees may at some convenient place in .......... and at convenient intervals hold meetings from time to time as occasion shall require, for the transaction of the business of the Trust.

29. Any one Trustee may convene a meeting of the Trustees for the transaction of any particular business and any business may be disposed of by a circular instead of at a meeting unless majority of the Trustees think otherwise.

30. At least two clear days' notice shall be given to the Trustees as to the place, hour and day of the meeting and of the nature of the business to be transacted thereat.

31. The original minutes of the proceedings of every such meeting shall be deposited at the office of the Trustees who shall provide for the safe custody thereof.

32. If and so often as any of the Trustees hereby appointed or any future Trustees or Trustee of these presents shall die or go to reside out of India or refuses or becomes unfit or incapable to act in the Trusts of these presents or shall be adjudged insolvent or if the settlor or the Trustees for the time being shall be desirous of appointing additional Trustee or Trustees hereof with them, it shall be lawful for the settlor during his life and after his death for the surviving or continuing Trustees or Trustee for the time being of these presents or if there shall be no surviving or continuing Trustee then for the retiring or refusing Trustees or Trustee or the heirs, executors or administrators of the last acting Trustee to appoint any other person or persons to be a Trustees or Trustee in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid or to appoint an additional Trustee or Trustees as aforesaid with liberty upon such appointment to increase or diminish the original number of Trustees which shall never be less than three or more than five and upon every appointment made under this clause the Trust premises hereby settled and the investment for the time being thereof shall be so transferred as to become vested in the new Trustees or Trustee jointly with the continuing Trustees or Trustee or solely as the case may require and every Trustee so appointed as aforesaid may as well before as after such transfer act as fully and effectually as if he had been hereby constituted a Trustee, provided that, every such Trustee hereafter appointed shall be a devotee of the said deity.

33. In all cases of difference of opinion amongst the Trustees as to whether a particular act should be done or omitted to be done in the execution of the Trusts hereof or as to the powers and authorities herein contained or as to the true intent and meaning of any of the clauses or Trusts hereof the same shall be disposed of and dealt with in accordance with the opinion of the majority which shall be final and conclusive. In case of an equality of votes and Managing Trustee shall put a second or casting vote.

IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO:
Signed and delivered by the within named Settlor in the presence of.......... ".
Signed and delivered by the within named Trustees
(1)............. ;
(2).............
(3).............
in the presence of................

MODEL SALE AGREEMENT OF LANDS IN KANNADA

2007-06-01T22:06:00.001+05:30

CLICK HERE

AGREEMENT FOR CONSTRUCTION OF BUILDING

2007-05-12T17:34:00.003+05:30

CLICK HERE

Agreement for construction of Building

AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the CONTRACTOR, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the OWNER unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part

WHEREAS the Owner is desirous for appointing a Contractor for construction of his house at............. and the Contractor has agreed to accept the construction work under the terms and conditions appearing hereinafter.

NOW THIS AGREEMENT WITNESSETH as follows:

1. The Contractor shall at their own cost [take down & remove the house & buildings, situate and being premises No............. in............. street, etc.] erect, build and completely finish in a good, substantial, and workmanlike manner and [with the best men and materials of their several kinds] a house and other buildings upon a piece of land belonging to the owner, lying and situate at......... [that is the site upon which the said house and buildings are existing] according to the plans, elevations and sections, and in accordance with the specification of the works and drawings which have been duly signed by the Contractor and also by the owner's architect M/s. ………………………………………………….

2. The said works shall be executed under the direction and to the satisfaction in all respects of the said M/s. ……………………………….. , who shall have been appointed to act for him for the purpose of this contract.

3. The owner hereby grants licence to the Contractor to enter on the premises for the purpose only of performing this contract, the Contractor shall forthwith commence the said works actively prosecute the same, and the said works shall in all respects be completed by making the said house and buildings made fit for habitation and use within ........... calendar months from the date of these presents; Provided that if any delay shall arise from fire or due to any unforeseeable and unavoidable circumstances or any natural calamities or other inevitable cause or accident or any strike or lock-out in the building trade or any other trade or employment, or by the default of the owner in paying in due course any moneys payable to the Contractor under this contract then such further time shall be allowed for the construction thereof as the architect shall in writing certify to be reasonable.

4. All materials to be used in the works, although the same would be particularly mentioned in the specification or as from time to time required in writing by the owner or the architect, shall be supplied and furnished by the Contractor.

5. The contractor shall, on completion of the said works, at his own expense, remove and clear away all scaffolding, fencing unused materials, and rubbish from the same, and leave the whole of the works and premises in a clean and proper state.

6. The owner shall pay to the Contractor the sum of Rs.......... (Rupees.......................) only which shall include the cost of labour and of all materials, plant, and other things required for the purpose of the works, and of the conveyance or transport and removal thereof to or from the works in manner following that is to say, (a) the sum of Rs............. (Rupees...........,.............) only upon the production of the owner's certificate, of the architect that works to the value of Rs............. (Rupees.........,...............) has been duly executed to his satisfaction by the Contractor, (b) the further sum of Rs.. upon the production, of like certificate that work to the value of Rs............. (Rupees.........................) has been so executed, (c) and the remaining said sum of Rs............. {Rupees... ......,....) upon the production to the owner of the certificate of the architect that the said works have been in all respects completed making the said house and buildings made fit for habitation and use, in accordance with the contract and to his satisfaction, or, (the sum to be paid by the owner to the Contractor for the said works shall be ascertained according to the rates specified in the schedule of prices annexed to the said specification, so far as the prices are there specified, which shall include the cost of labour as above and the payment for any work not included in the said schedule of prices, shall be fixed by the architect).

7. Weekly payments on account shall be made by the owner to the Contractor upon the certificates of the architect of the contract value of the work executed, subject to a deduction of 10% upon such value which shall be retained by the owner until the completion of the work, and shall be paid to the Contractor upon the certificate of the architect of the works having been completed, and of the balance remaining due to the contractor.

8. All such payments to be made to the contractor under this agreement in the manner as aforesaid, shall always be, subject to a statutory deduction as provided under the Income Tax Act, 1961, for which necessary certificates for such deduction for the purpose of Income Tax shall be provided by the owner to the contractor along with every payment.

9. The architect shall not give his certificate in respect of any work which is in any respect defective or not according to the contract or otherwise not done to his reasonable satisfaction or while the contractor is not using due diligence in the prosecution of the works, or is otherwise making default for the performance of this contract.

10. The owner [or the architect] may at any time during the progress of the works by order in writing make or cause to be made any alteration in the said original specification and plans by way of omission or addition or otherwise deviating there from, and the said works shall be executed according to the said alteration or deviations under the direction and to the satisfaction of the architect in the same manner as if the same had been included in the said original specification and plans; and any work or materials which shall so be ordered not to be done or used shall be omitted or shall not be used by the contractor.

11. All additions and deductions to be made to or from the amount of the Contract price in respect of any such alteration or deviation from the said specification or plans as aforesaid shall be fixed by the architect: and the difference of expense occasioned by any such alteration or deviation shall be added or deducted to or from the contract price. But no payment or allowance whatever shall be made to the Contractor for any extra work or materials done or used by him without a previous order or authority in writing from the owner; and any alteration or deviation ordered or authorized as aforesaid shall not in anywise alter the total contract price to be paid to the Contractor, except so far as the same shall alter the amount of labour or the value of the materials which may be required to be used in or about the works, nor shall alter the mode in which the contract price is to be paid, or in which the value of the work done is to be ascertained with a view to payment thereof. And the Contractor shall not by reason of any such addition to or alteration in the works as aforesaid be allowed any further time for completing except such further time (if any), as the architect shall in writing certify to be reasonable.

12. The owner shall be entitled to deduct any moneys which the Contractor shall be liable to pay to the owner, under this contract or otherwise, from any sum which may become payable to the Contractor hereunder; and the architect in making his certificates as aforesaid shall have regard to any sums so chargeable against the Contractor: PROVIDED always that provision shall not affect any other remedy by action at law, or otherwise to which the owner may be entitled for the recovery of any such moneys.

13. In case the said works shall not in all respects be completed [and the said house and buildings made fit for habitation and use] [and all scaffolding, fencing, unused materials and rubbish cleared away] on or before the............. day of.............. or within such extended time as shall be allowed for that purpose, as hereinbefore mentioned, and the architect shall certify in writing the fact of such non-completion or non-removal, then the contractor shall pay to the owner, as liquidated damages for such default, and not as a penalty, the sum of Rs............ (Rupees...............), for every subsequent week, and so in proportion for any part of a week, until the completion of the said works, and the removal of all scaffolding, fencing, unused materials and rubbish, such completion and removal to be certified in writing by the architect.

14. All materials which may from time to time during the progress of the works be in, upon, or about the premises for use in the said works (except such as may be rejected by the architect as not being in accordance with the specification), shall be deemed to be the absolute property of the owner, and save as regards any surplus materials remaining over after completion of the said works in accordance with this contract, shall be used solely for the purpose of the said works and shall not be removed without the consent or authority of the architect but the Contractor shall nevertheless be solely responsible for the loss or destruction thereof, and for all damage which may happen thereto by fire or any other cause whatsoever and the Contractor shall likewise be liable to make good all damage which may happen to the said works from any cause what ever thereto during the progress thereof.

15. The Contractor shall depute company civil engineer to superintend the execution of the work, and shall not assign [or sublet] this contract or any part thereof, without the express licence and approval in writing of the owner.

16. A supervisor or engineer appointed and paid by the Contractor shall be constantly on the works, and all direction given to him by the architect shall be deemed to have been given to the Contractor. The site supervisor of the work shall be appointed and paid by the owner and shall at all times be allowed to inspect the works and materials on behalf of the architect and subject to an appeal to the architect no materials to which the said supervisor shall object shall be used.

17. In case at any time during the progress of the works any unnecessary delay shall occur in the carrying on of the same through the default of the Contractor [and such delay shall be certified by the architect] and the owner or the architect shall give a written notice to the Contractor to proceed with the said work or leave the same, if contractor does not rectify then the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.

18. In case the Contractor shall at any time neglect or omit to pull down or remove any work or materials which the architect shall have to certify in writing to be defective, or not according to contract within......... days after writing notice so to do shall have been given to him or left on the works by the owner or the architect or left as aforesaid, or within such further time as may be specified in such notice, or in case the Contractor shall assign [or sublet] this contract or any part thereof without licence or prior approval of the owner, then and in any such case the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.

19. The certificate, or decision in writing, of the architect upon any matter as to which he is hereby authorised to certify or decide, shall be final and binding upon both parties, except that the architect may by any certificate make any correction or modification in any previous certificate which shall have been made by himself, or by any predecessor in his office, except that certificate shall not be conclusive as to the sufficiency of any work or materials to which it relates and shall not relieve the Contractor from the liability to make good any defective work or materials.

20. The Contractor shall conform in all respects to the provisions and regulations of any general or local Act of Parliament, or of any local authority which may be applicable to the said works, and indemnify the owner against all penalties incurred by reason of non-observance of any such provisions or regulations.

21. The Contractor shall indemnify the owner against all actions or proceedings which may be brought or taken against the owner in respect of damages caused to a public street by the contractor in the performance of this contract.

22. The owner shall indemnify the Contractor against all actions and proceedings on the part of any person having or claiming ancient lights, on account of any actual or alleged or apprehended interference of the said buildings and works therewith.

23. The owner and the Contractor shall respectively at their own expense insure against their several liabilities covered by this contract in such sums as may be determined under these presents and in default of any provision therein, then any such sums as shall be reasonable and each party shall upon the demand of the other at any time produce for inspection the relevant policy or policies of insurance and the receipts for premium paid.

24. In case of any dispute or difference shall arise between the owner or architect and the contractor either during the progress or after completion or abandonment of the works as to the construction of the contract or as to any matter thing arising therein or in connection therewith or in respect of any certificate or decision in writing of the architect, issued upon the Contractor for the purpose, either party may forthwith give to the other notice in writing of any such dispute or difference and the same shall be referred to the arbitration and the final decision of a single arbitrator to be agreed upon the parties, or failing agreement within 30 days of such notice to be given at the request of the either party, by the President of the Institute of Civil Engineers for the time being. The award of such arbitrator shall be final and binding upon the parties.

IN WITNESS WHEREOF the Parties have hereunto set their respective hands the day and year first above written.

OWNER

GPA HOLDERS
Photo

WITH COMPANY SEAL

LTM FOR IDENTIFICATION

SIGNATURE

Name:…………………………………….

CONTRACTOR

Photo

LTM FOR IDENTIFICATION

SIGNATURE

Name:…………………………………….

Witnesses

Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE