THIS DEED OF TRANSFER is made at _______________(city) this _____ day of _____, 20__, BETWEEN :
__________________________ Indian Inhabitant residing at ______________________________________,
(city), hereinafter referred to as “THE TRANSFEROR” (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to include her heirs, executors and administrators) of the ONE PART and
________________________, Indian Inhabitant residing at _________________________________
_____________________, (city), hereinafter referred to as “THE TRANSFEREE” (which expression shall unless it
be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and
assigns) of the OTHER PART.
WHEREAS:
i. The Transferor is a registered member of ________________________ Co-operative Housing Society Ltd., a
Co-operative Society formed and registered under the provisions of the Maharashtra Co-operative Societies
Act, 1960, under Registration No.______________________ dated __________ situated at
_____________________, (city) (hereinafter called “the said society”) and as member of the said society, the Transferor is holding __ ( ___ ) fully paid up shares of Rs._________/- (Rupees ___________________ only) each bearing distinctive Nos.___ to ___ (both inclusive) as per the share certificate No.___ issued by the said society (hereinafter called the “the said shares”).
vi. The Transferor has executed and handed over to the Transferee the Transfer forms and all other letters, documents and writings as required under the Maharashtra Co-operative Societies Rules, 2061 and bye-laws of the said society for the effectual transfer of the said Premises and the said Shares.
vii. The stamp duty and registration charges payable in respect of this Deed of Transfer shall be borne and paid by the Transferee alone. The transfer fee / premium / Donation payable to the said society in respect of the transfer of the said shares / premises shall be borne and paid by the Transferee and the Transferor in equal proportion.
viii. The Transferor has handed over to the Transferee the vacant and peaceful possession of the said premises along with the original of the said share certificate and all other documents pertaining to the said premises and the Transferee has requested the Transferor to execute these presents which the Transferor has agreed to do in the manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS:
1. In pursuance of the aforesaid agreement and in consideration of a sum of Rs._________/- (Rupees _______________ only) paid by the Transferee to the Transferor on or before the execution of these presents being the full consideration receivable by the Transferor, (the payment and receipt whereof the Transferor doth hereby admit and acknowledge) the Transferor for herself and her heirs, executors and administrators and assigns DOTH HEREBY grant, convey and transfer unto the Transferee all her beneficial rights, title and interest into and upon the said shares bearing distinctive Nos.__ to __ (both inclusive) vide share certificate No.__ issued by the _______________ Co-operative Housing Society Limited and all funds (including sinking fund) and properties standing in her name in the records of the said society AND including the flat No.___ admeasuring ___ sq.ft. builtup area on the ____ floor of the building __________ of _______________ of the said society situated at ____________ ____________ (city) TOGETHER with all the rights and privileges whatsoever of the Transferor as the member of the said society and all the rights, title and interest of the Transferor in the said shares and in the said Premises SUBJECT HOWEVER to the payment by the Transferee of all taxes and outgoings and other charges now or hereafter payable to the said society or any other body AND the Transferor doth hereby covenant with the Transferee that the Transferor is the absolute owner of the said shares/Premises and she has full right, power and absolute authority to transfer her rights, title and interest in the said Premises and the said shares in favour of the Transferee in the manner aforesaid AND the Transferor doth hereby covenant that she shall at the request and cost of the Transferee sign and execute such further deeds, documents and papers which the Transferee may reasonably require to effectively transfer and vest the Transferor’s right, title and interest in the said shares and the said Premises in favour of the Transferee.
2. The Transferor declares records and confirms that
a. The said Premises with all rights attached thereto are free from all encumbrances charges of any kind whatsoever and the Transferor has observed the bye-laws of the said society and cleared all dues in respect of the said Premises till the date of execution of this transfer deed. The Transferor further declares that the said shares and the said Premises are neither the subject matter of any litigation, nor the same are attached in the execution of any decree whether of Government or otherwise.
b. The Transferor has not created or purported to create any tenancy rights, licence or other rights of use and occupation in respect of the said Premises.
c. The Transferor has not contracted to sell / transfer the said Premises / shares to any other person and the said Premises / shares are free from all encumbrances, liens, charges of any nature whatsoever.
d. The Transferor covenants with the Transferee that the Transferor shall indemnify and keep Indemnified the Transferee from and against all actions, claims, demands, charges etc. falling due prior to execution of these presents in respect of the said shares/ Premises.
e. The Transferor agrees to accompany the Transferee and/or her legal advisor or her representative to the office of the Sub-Registrar of Assurance and lodge this transfer deed for registration and admit the execution thereof.
f. The Transferor agrees to produce his Income-tax Clearance Certificate u/s. 230A of Income-tax Act, 1961 to enable the Transferee to register this Transfer Deed.
3. The Transferee declares that on being admitted as a member of the said society he will observe and abide by
the rules regulations and bye-laws of the said society from time to time in force.
4. The stamp duty, registration charges if any payable in respect of this deed of transfer and in any other document to be executed in future in respect of the said Premises / shares shall be borne and paid by the Transferee alone. The Transfer premium/charges payable to the said society in respect of the transfer of the said shares/premises shall be borne and paid by the parties to this Deed in equal proportion.
IN WITNESS WHEREOF the Transferor and the Transferee have hereunto set and subscribed their respective hands on the day and year first hereinabove written.
SIGNED AND DELIVERED by the )
withinnamed “THE TRANSFEROR” )
__________________________ ) ______________________
in the presence of ……… )
SIGNED AND DELIVERED by the )
withinnamed “THE TRANSFEREE” )
___________________________ ) ______________________
in the presence of ……… )
RECEIPT
RECEIVED of and from ___________________________ a sum of Rs_________/- (Rupees___________________ only) vide Cheque No.______ dated __/__/20__ drawn on _______________, _________ Branch, (city), being the full and final payment towards the transfer of share certificate No.__ issued by _________________ Co-operative Housing Society Ltd. and flat No.___ on the ______ floor of Building No.__ of ____________ Co-operative Housing Society Ltd. situated at ________ ____________________________, (city) as within mentioned.
I SAY RECEIVED
____________________________
( __________________________ )
Transferor
WITNESSES :
1.
2.
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