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MODEL AGREEMENT BETWEEN PROMOTERS AND FLAT PURCHASERS (UNDER THE PROVISIONS OF MOFA)
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This is a precedent of a Model Agreement between Promoters and Flat Purchasers under the provisions of MOFA for acquiring all rights, title and interest and possession of the property as per the terms of Agreement for Sale mentioned therein upon terms and conditions as detailed in the Agreement.
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AGREEMENT FOR SALE OF IMMOVABLE PROPERTY WITH AUTHORITY TO DEVELOP
The Vendor is the Owner of an Immovable property, who has agreed to sale the same to the Purchaser with authority to develop. This is the precedent of an Agreement for Sale of freehold property with authority to develop the same.
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TRANSFER OF A FLAT ON OWNERSHIP BASIS BY THE VENDOR TO THE EXISTING TENANT
This is a precedent of Deed of Transfer wherein the Vendor has agreed to sell, transfer and convey his rights, title and interest in the property mentioned therein to the Tenant Purchaser upon terms and conditions as detailed in the Deed.
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MEMORANDUM OF UNDERSTANDING FOR SALE OF A FLAT
The Vendor is the Owner of a resident flat which he intends to sale to the Purchaser on the agreed terms. This is a precedent of Memorandum of Understanding (MOU) whereby the Vendor has agreed to sale the flat on agreed terms.
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AN INSTRUMENT FOR PURCHASE OF A FLAT IN RESALE WHERE SOCIETY OR LIMITED COMPANY OR CONDOMINIUM IS YET TO BE FORMED
This is a precedent of an Instrument for Purchase of Flat in Re-sale wherein the Purchasers have agreed to purchase the Flat from the Vendor where the Society or Limited Company or Condominium is yet to be formed upon the terms and conditions as detailed in the Instrument.
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DEED OF TRANSFER OF A FLAT WHERE THE BODY OF THE FLAT PURCHASERS IS YET NOT FORMED
The Transferor has purchased the Flat in the Real Estate Project/Building from the Developer. The Transferor has not availed any housing loan from the Bank. The body of all the Flat Purchasers is yet not formed. The Transferor desires to sell the Flat. This is the precedent of Deed of Transfer for the same. This precedent can be used for commercial premises also with suitable changes.
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TRANSFER OF A FLAT BY THE VENDOR TO A THIRD PARTY ON OWNERSHIP BASIS SUBJECT TO THE RIGHTS OF AN EXISTING TENANT
This is a precedent of Deed of Transfer wherein the Transferor has agreed to sell, transfer and convey subject to the tenancy possession and other rights of the Tenant and upon terms and conditions as detailed in the Deed.
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CONVEYANCE OF IMMOVABLE PROPERTY FROM EXECUTOR TO LEGATEES
This is a precedent of Deed of Conveyance whereby the Executor of the proved Will of the deceased is transferring the immovable property (Land & Building) in favour of the legatees/beneficiaries as provided under the Will.
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PUBLIC NOTICE BY CO-OPERATIVE HOUSING SOCIETY FOR TRANSFER OF SHARES IN FAVOUR OF THE LEGAL HEIRS OF THE DECEASED
This is a precedent of Public Notice issued by Co-operative Housing Society inviting objections, if any, before proceeding to transfer the shares held by the deceased member of the society in favour of the legal heirs of the deceased.
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PUBLIC NOTICE BY CO-OPERATIVE HOUSING SOCIETY FOR ISSUING DUPLICATE SHARE CERTIFICATE
This is a precedent of Public Notice issued by Co-operative Housing Society inviting objections, if any, before proceeding to issue duplicate Share Certificate to the member of the Society.
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DEED OF TRANSFER OF A FLAT WHERE THE BODY OF THE FLAT PURCHASERS IS YET NOT FORMED AND THE HOUSING LOAN AVAILED BY THE TRANSFEROR IS ALSO TO BE DISCHARGED
The Transferor has purchased the Flat in the Real Estate Project/Building from the Developer. The Transferor has also availed housing loan from the Bank. The body of all the Flat Purchasers is yet not formed. The Transferor desires to sell the Flat and simultaneously desires to discharge the liability of the Bank. This is the precedent of Deed of Transfer for the same. This precedent can be used for commercial premises also with suitable changes.
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REQUISITIONS BY THE PURCHASER ON THE VENDOR’S TITLE TO THE PROPERTY
When an immovable property is being purchased, the Purchaser and/or his advocate raise requisitions on the Vendor’s title to the property. This is a standard precedent of requisition on the Vendor’s title to the property.
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THE DECREE/ JUDGMENT PASSED IN APPEAL COURT SUBORDINATE TO HIGH COURT/APPELLATE TRIBUNAL UNDER RERA CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT (SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908)
The Decree/Judgment passed by any Appellate Civil Court in the appeal which Court is sub ordinate to High Court can be challenged by way of a Second Appeal before the High Court. This is a precedent of Second Appeal to High Court under Section 100 of Code of Civil Procedure, 1908. This precedent will be also helpful for an Appeal to High Court under Section 58 of The Real Estate (Regulation and Development Act, 2016 (RERA).
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