What is the format of Agreement to sale?
How to make agreement to sell for property sale? Sample
agreement to sell is given below. Please make necessary
modification according to transaction type. This is only a
AGREEMENT TO SALE
This Agreement to Sale is executed at ___
on this _______between
hereinafter called the Party No.1.
hereinafter called the Party No.2.
The expression of the party No.1 & 2,
wherever they occur in the body of this agreement shall mean
and include their respective heirs, legal representatives,
successors, administrators, executors and assignees.
Whereas Party No.1 is the bonafide
allottee/owner in possession of property bearing number
_________________________out of his bonafide needs and
requirements, has agreed to sale the aforesaid flat for a
sum of Rs.________________________ and Party No.2 has agreed
to purchase the said flat from Party No.1.
AND WHEREAS Party No.1 admits that the
said amount of Rs.______ if the full and final payment in
respect of the said property. The Party No.1 has represented
to party No.2 that the said flat is self acquired flat of
party No.1 in which her heirs successors, family members or
any one else have no right, title, interest or concern of
any nature whatsoever and as such Party No.1 is fully
competent to enter into this agreement and transfer his all
the rights in favour of Party No.2 on the terms and
conditions agreed between the parties and are mentioned
NOW THIS AGREEMENT TO SALE WITNESSETH AS UNDER:-
1. That the total and entire sale
consideration amount of Rs._______ of the flat has been
received by party No.1 from Party No.2 vide separate legal
receipt as per given details:
Banker Cheque No______ Dated _____ issued
in the name of Party No.1 and is drawn on
_________________And on the receipt of the said amount the
Party No.1 admits that nothing remains due from Party
No.2.However, all the statutory dues and expenses will be
borne by Party No.2 including the Stamp duty on the
registration of conveyance Deed. Party No.1 will hand over
the vacant possession of the aforesaid flat to Party
2. That Party No.1 assures Party No.2
that the aforesaid flat is free from all sorts of
encumbrances such as prior sale, gifts, mortgage,
litigation, disputes, stay orders, attachments,
notifications, acquisitions, charges, liens, sureties,
securities, HUF, Benami, ownership or any other registered
or unregistered encumbrances and if this fact is found
otherwise as a result of which a part or whole of the
aforesaid flat goes out from the hands of Party No.2 then
Party No.1 will indemnify the loss thus suffered by Party
3. That party No.1 has undertaken and
agreed not to create any disputes or encumbrances in respect
of possession or ownership of the said flat in future.
4. That Party No.1 has also executed an
irrevocable General Power of Attorney and Special Attorneys
in respect of the said flat in favour of Party No.2 and all
these attorney Deeds shall remain irrevocable in future,
Party No.1 has also executed various other court documents
in favour of Party No.2 and all these document namely, Will,
Receipt, Indemnity Bond etc. shall also remain irrevocable
under all circumstances.
5. That Party No.1 admits its liability
that in case of any encumbrances or in case the allotment
gets cancelled then Party No.1 admits its liability to pay
the amount of Rs.________________ apart from interest and
damages to Party No.2 and also apart from the refund of the
amount of Rs.__________________ being paid under this
agreement to sale.
8. That the Party No.1 has agreed to
communicate the Party No.2, the necessary requirements
required to be complied for execution and Registration of
conveyance Deed as well as handing over the possession etc.
9. That Party No.1 will have no objection
if Party No.2 transfer all rights vested in her vide this
Agreement to any one else or gets the sale effected in her
name or in the name of her nominee.
10. That Party No.1 shall not violate any
of the terms and conditions of this agreement in future
failing which Party No.2 will have a right to enforce this
agreement through a competent court by a suit for specific
performance or otherwise at the costs, risks and
consequences of Party No.1.
11. That the Party No.1 admits that he
has been left with no rights, titles, interest or concern of
any nature whatever in the aforesaid flat.
12. That Party No.1 has also executed a
General Power of Attorney in respect of the said flat so as
to conclude the sale after the registration of Conveyance
Deed of the said flat in her favour or in favour of her
13. That in fact after receiving the
entire sale consideration of Rs. ____from Party No.2 and
after Party No.2 has paid/deposited the entire balance
consideration amount the Party No.2 has not to do any other
act except the same if conveyed by the Party No.1 as such
Party No.2 shall be entitled to get the conveyance Deed
executed either from Party No.1 or if permissible at any
point of time and period of limitation shall not be
applicable in the transaction.
14. That the Party No.1 admits that this
agreement to sale shall remain irrevocable and Party No.1
shall not revoke or cancel the same in future in any
IN WITNESS WHEREOF both the parties have
signed this agreement in the presence of the following