Prelease Agreement of Sell

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 10

PRE-LEASE AGREEMENT OF SELL

THIS PRE LEASE AGREEMENT OF SELL is made at Karachi this ______ day of
_____________ 2017.
BETWEEN

MR. _____________________ S/O _____________________, holding CNIC No.


____________________, Muslim, adult, resident of _____________________________
__________________________________, hereinafter referred to as the VENDOR
(which expression shall wherever the context so permits means and include his executors,
administrators, and assigns) of the ONE PART.

AND

MR. ____________________ S/O _____________________, holding CNIC No.


____________________, Muslim, adult, resident of _____________________________
_______________________________, hereinafter referred to as the VENDEE (which
expression shall wherever the context so permits means and include his executors,
administrators, and assigns) of the OTHER PART.

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/2
(2)

WHEREAS the Vendor above named is seized and possessed of and is otherwise well
and sufficiently entitled to all that Bungalow (constructed Ground + First Floor)
Residential Plot of Land bearing No. ___________, measuring __________ Square
Yards, (Survey Sheet No. 35-P/1), situated at ______________ Co-operative Housing
Society Limited, Block No. __________, Karachi, hereinafter referred to as the SAID
PROPERTY.

AND WHEREAS the _____________ Co-operative Housing Society Limited, Karachi,


originally allotted the said Plot in the name of MR. ____________________ S/O
_____________________, vide Allotment Order No. _______, Dated: _____________.

AND WHEREAS the ______________ Co-operative Housing Society Limited, executed


Form “A” Sub-License No. 2 in the name of MR. __________________ S/O
___________________, the Form “A” Sub-License No. 2 Registered at No. _______, at
Pages No. ______ to _______ in Volume No. ________ of Book No. I Addl. before Sub-
Registrar, Karachi, Dated: _________________.

AND WHEREAS President of Pakistan through Ministry of Works, Government of


Pakistan leased out the said property in the name of MR. __________________ S/O
__________________, through LEASE DEED (99 Years) “Form B” Registered at No.
__________, at Pages No. ______ to ______ in Volume No. ___________ of Book No. I
Addl. before Sub-Registrar Karachi, Dated: _________________.

AND WHEREAS the said Lessee MR. __________________ S/O _________________,


sold and transferred the said property to __________________________ W/O
______________________, through Conveyance Deed Registered at No. ___________
at Pages No. ______ to _____ in Volume No. ____________ of Book No. I Addl. before
District Registrar Karachi, Dated: _______________.

AND WHEREAS the said owner _______________________, constructed the said Plot
as per Approved Building Plan and after the completion of construction work, Karachi
Development Authority, issued Completion Plan / Occupancy Certificate vide Letter No.
________________________, Dated: __________________.

AND WHEREAS the said owner MR. __________________ S/O _________________,


sold and transferred the said property to __________________________ W/O
______________________, through Sale Deed Registered at No. ___________ at Pages
No. ______ to _____ in Volume No. ____________ of Book No. I Addl. before Sub-
Registrar __________________________ Karachi, Dated: _______________.

AND WHEREAS the said property transferred/mutated in the names of above said
Vendor in the records of (1) ______________ Co-operative Housing Society Limited
Karachi, Dated: _____________, as per endorsement on backside of the Allotment
Order, (2) Karachi Co-operative Housing Societies Union Limited, vide Letter No.
_________________, Dated: ______________, (2) Government of Pakistan, Ministry
of Housing and Works Islamabad, vide Letter No. _____________________, Dated:
______________.

AND WHEREAS the VENDOR has agreed to sell and transfer to the VENDEE the said
property in vacant and physical possession along with all benefits, rights, title, interest,
privileges, utilities, appurtenance, easements enjoyed or attached to the said property with
clear, valid subsisting and marketable title free from all encumbrances, charges, taxes,
dues, duties, burdens, mortgages, liens, ground rent, premium, disputes, litigation etc of
any nature whatsoever with vacant and physical possession and the VENDEE has agreed
to purchase the said property for an agreed lump sum price of Rs._____________/-
(Rupees _________________________________ only) on the terms and conditions
herein contained.

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/4
(4)

NOW THEREOF THIS AGREEMENT WITNESSETH and it is hereby agreed between


parties: -

1. That the VENDOR has agreed to sell, transfer, convey and assign to the VENDEE
all his rights, title and interest in All that Bungalow (constructed Ground + First
Floor) Residential Plot of Land bearing No. ___________, measuring
__________ Square Yards, (Survey Sheet No. 35-P/1), situated at
______________ Co-operative Housing Society Limited, Block No.
__________, Karachi including all benefits, rights, title, privileges, utilities,
appurtenances, easements enjoyed or attached to the said property with valid,
subsisting and marketable title free from all encumbrances, liens, charges, taxes,
dues, duties, burdens, mortgages, ground rent, liabilities, disputes, litigation,
adverse possession etc. of any nature whatsoever with vacant, peaceful, physical
possession and the VENDEE has agreed to purchase the said property for the price
of Rs.______________/- (Rupees _________________________________ only)
on the terms and conditions herein contained.

2. That the VENDEE has paid to the VENDOR a sum of Rs._____________/-


(Rupees _______________________________________________ only) as per
following schedule:

(i) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

(ii) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

(iii) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

(iv) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

(v) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/5
(5)

(vi) Rs.____________/- (Rupees _________________________________ only)


through Cheque/Pay Order No. ____________, Dated: _____________, drawn on
_____________________, _____________________________ Branch, Karachi.

The receipts of which the VENDOR do hereby fully admit and acknowledge and
has also passed a separate receipt thereto as full and final payment.

3. That the Vendor having received full price against the sale of the said property in
the manner aforesaid amounting to Rs._____________/- (Rupees ___________
________________________ only), the VENDEE has this day on the execution
and of this Agreement handed over and delivered to the VENDEE vacant and
physical possession of the said property along with all the original documents of
title viz. Allotment Letter, Shares Certificate, Site Plan, Mutation/Transfer Letters,
upto date paid Ground rent Challan, upto date No Dues Certificate from
_________________ Co-operative Housing Society Limited Karachi, Karachi Co-
operative Housing Societies Union Limited, Ministry of Housing and Works,
Government of Pakistan, and with up-to-date paid challans of the said property
and other relevant papers and duly paid utility bills pertaining to and in respect of
the said property to the VENDEE and the VENDEE acknowledge to has received
vacant and physical possession of the same along with the said relevant
documents.

4. That the VENDOR has assured the VENDEE that he has got a good, valid,
subsisting and unencumbered marketable title to the said property under sale, free
from all encumbrances, commitments, charges, claims, disputes and liens of any
nature whatsoever and that he shall do and cause to be done at his own cost all the
lawful acts, deeds, matters and things for better assuring and more perfectly
assigning the said property in favour of the VENDEE.

5. That the VENDOR has assured the VENDEE that he has not entered into any
agreement of sale nor he transfer the said property in any other name or to any
other person by way of sale/gift/rent or by any other mode in respect of the said
property under sale prior to this Agreement.

6. That the VENDOR shall be responsible to pay and clear all the dues, taxes, and
charges including ground rent, non-utilization charges, dues, taxes, rates, charges,
fees, assessments, penalties, impositions liens and other out standings, if any,
payable against the said property including the dues payable to the
_________________ Co-operative Housing Society Limited Karachi, Karachi
Co-operative Housing Societies Union Limited, Ministry of Housing and Works
Karachi / Islamabad, Government of Pakistan, Excise and Taxation Department, or
any other concerned authority up till the date of registration of this Agreement in
favour of the VENDEE.

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/6
(6)

7. That the VENDOR already provided to the VENDEE Clearance Certificate/No


Dues Certificate from ______________ Co-operative Housing Society Limited,
Karachi.

8. That VENDOR and his predecessors further agree to sign all such Applications,
papers, deeds, documents whenever needed and shall appear before the authorities
concerned whenever required in connection with the transfer/mutation and
obtaining 99 Years Lease Form-B of the said property in favour of the VENDEE
or her nominees in ________________ Co-operative Housing Society Limited
Karachi, Karachi Co-operative Housing Societies Union Limited, Ministry of
Housing and Works Division, Karachi / Islamabad, Government of Pakistan.

9. That the VENDOR covenant with the VENDEE that the said property is his
separate, exclusive and individual property and that he has legal rights, full power
and lawful authority to transfer/sell/assign the same to the VENDEE.

10. That the VENDOR has assured the VENDEE that he is the full owner of the said
property and that the said property is free from all encumbrances, dues, charges,
demands, claims, disputes, litigations, loans (including bank loans) charges,
mortgages, liens, commitments and/or title adverse etc.

11. That the VENDOR hereby assure the VENDEE that the documents, under which
the said property is held are fully valid and subsisting and are in no way forfeited,
surrendered, cancelled, withdrawn or rendered void or voidable in any manner
whatsoever and the title documents are all in order and are in full force and effect.

12. That the VENDOR further covenant with the VENDEE that the VENDOR has not
committed any such act or thing by which the said property may be impaired or
has become or may become void or voidable and besides he has not prior to this
Agreement done, made, committed, caused or knowingly suffered to be done any
such act, thing, deed whereby or by reason of which the right to transfer the said
property has been or may be impaired or that the property is charged, encumbered
or prejudicially effected in any manner whatsoever.

13. That the VENDOR covenant that he has already mutated/transferred the said
property in the records of _______________ Co-operative Housing Society
Limited, Karachi, Karachi Co-operative Housing Societies Limited, Karachi,
Ministry of Housing and Works, Government of Pakistan, and has supplied copy
of the same to the VENDEE.

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/7
(7)

14. That the VENDOR shall from time to time and at all times hereafter at the request
of the VENDEE execute and do and cause to be done executed and done such
further acts, deeds, matters and things as may be required by the VENDEE for
more perfectly assuring, conveying and transferring the said unto and to use of the
VENDEE and the VENDOR has No objection for transfer and mutation of the
VENDEE’S name in the relevant records.

15. That the VENDOR agree and undertake to indemnify and keep the VENDEE
dully indemnified, safe, fully secured and harmless from all costs, charges, dues,
duties, taxes and expenses and against all manner of losses, detriments, and
damages, caused due to the misrepresentation and mis-statement/concealment of
facts occasioned to or suffered the VENDEE owing to any defect in the title of the
VENDOR or on account of any action, claim, suit and if any liability or demand is
made by any person, authorities or in respect of the said property hereby sold,
transferred and assigned unto the VENDEE and the VENDOR shall make good
the same and compensate the VENDEE.

16. All objections, if any, received against the public notice published in the
Newspapers shall immediately be removed and complied with by the VENDOR.

17. That all the expenses towards the transfer of the said property in his name shall be
borne and paid by the VENDEE.

18. That all the terms and conditions of this Agreement have been read over to the
parties which they admit to be correct and agree to abide by the same.

SCHEDULE OF THE PROPERTY


ALL THAT piece and parcel of Bungalow (constructed Ground + First
Floor) Residential Plot of Land bearing No. ___________, measuring __________
Square Yards, (Survey Sheet No. 35-P/1), situated at ______________ Co-operative
Housing Society Limited, Block No. __________, Karachi, within the jurisdiction of
_______________ Police Station, in the Registration District, Sub-District,
Sub-Registrar ______________ and the City of Karachi, and bounded and butted as
under: -
ON THE NORTH BY : ____________________
ON THE SOUTH BY : ____________________
ON THE EAST BY : ____________________
ON THE WEST BY : ____________________

______________________ ______________________
Signature of Vendor Signature of Vendee
Contd…..P/8
(8)

IN WITNESS WHEREOF the VENDOR and the VENDEE have set and subscribed their
respective hands to this agreement at Karachi on the day, month and the year first above
mentioned.

VENDOR:______________________
MR. ____________________________
S/O _____________________________
CNIC No. ________________________

VENDEE:______________________
MR. ____________________________
S/O _____________________________
CNIC No. ________________________

WITNESSES:

1. ____________________ 2. ____________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

You might also like