Draft a specimen deed of sale by co-owners of undivided property. Assume necessary facts, if required.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Draft a specimen deed of sale by co-owners of undivided property. Assume necessary facts, if required.

Answer & Explanation:

SPECIMEN DEED OF SALE BY CO-OWNERS OF UNDIVIDED PROPERTY THIS DEED OF SALE is made on this [Insert Day] day of [Insert Month] , 2024 at [Insert Place] BETWEEN Mr. AB, son of Mr. XY, resident of [Insert Address] , hereinafter referred to as the 'First Vendor' (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include his heirs, executors, administrators, and assigns) of the first part, Mr. CD, son of Mr. UV, resident of [Insert Address] , hereinafter referred to as the 'Second Vendor' (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include his heirs, executors, administrators, and assigns) of the second part, IN FAVOUR OF Mr. EF, son of Mr. GH, resident of [Insert Address] , hereinafter referred to as the 'Purchaser' (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include his heirs, executors, administrators, and assigns) of the third part. WHEREAS One Mr. PQ, late of [Insert Address] , who was governed by the Dayabhaga or Bengal School of Hindu Law, died intestate on the [Insert Day] day of [Insert Month] , [Insert Year] leaving his surviving only two sons, the said Mr. AB and Mr. CD, as his heirs and legal representatives under the said school. The said Mr. PQ left inter alia the following property as part of his estate (hereinafter referred to as the 'Said Property'): ALL THAT piece and parcel of land, more fully described in the Schedule hereto. The estate of the said Mr. PQ has been fully administered, and the said Mr. AB and Mr. CD are in joint possession and enjoyment of the Said Property as co-owners in equal shares without effecting any partition or division thereof. The said Mr. AB and Mr. CD, as co-owners, have agreed to sell the Said Property, free from encumbrances, to the said Mr. EF for the sum of ₹ [Insert Amount] and the said Mr. EF has agreed to purchase the Said Property for the said price. NOW THIS DEED WITNESSES AS FOLLOWS: In pursuance of the said agreement and in consideration of the sum of ₹ [Insert Amount] (Rupees [Insert Amount in Words] only), paid to the said Mr. AB and Mr. CD by the said Mr. EF at or immediately before the execution of these presents, the receipt whereof the said Mr. AB and Mr. CD hereby admit, acknowledge, and confirm, the said Mr. AB and Mr. CD, each as beneficial owner of one equal undivided moiety thereof, do hereby grant, convey, sell, transfer, assign, and assure unto and to the use of the said Mr. EF: ALL THAT piece and parcel of land, together with all the buildings and structures standing thereon and all the plant and machinery attached to the earth or permanently fastened to anything attached to the earth, more fully described in the Schedule hereto, TO HAVE AND TO HOLD the same unto and to the use of the said Mr. EF, his heirs, executors, administrators, representatives, and assigns absolutely and forever. The Vendors do hereby covenant with the Purchaser as follows: That the Said Property is free from all encumbrances, liens, charges, claims, and demands whatsoever. That the Vendors have full power and absolute authority to grant, convey, sell, transfer, assign, and assure the Said Property in the manner hereinbefore indicated. That the Purchaser shall have and enjoy quiet and peaceful possession of the Said Property without any interruption, disturbance, claim, or demand whatsoever by the Vendors or any person or persons claiming under or through them. That the Vendors and all persons having or lawfully claiming any estate or interest in the Said Property shall and will from time to time and at all times hereafter, upon the request and at the cost of the Purchaser, do and execute or cause to be done and executed all such acts, deeds, and things whatsoever for further and more perfectly assuring the Said Property unto and to the use of the Purchaser in the manner aforesaid as shall or may be reasonably required. The Schedule above referred to: ALL THAT piece and parcel of land situate at [Insert Location] , bearing Plot No. [Insert Plot No.] , admeasuring [Insert Area] square meters, and bounded as follows: On the North by [Insert Boundary] On the South by [Insert Boundary] On the East by [Insert Boundary] On the West by [Insert Boundary] IN WITNESS WHEREOF, the Vendors and the Purchaser have hereunto set their respective hands and seals on the day, month, and year first above written. SIGNED, SEALED, AND DELIVERED by the within-named First Vendor Mr. AB In the presence of: 1. [Witness 1 Name] 2. [Witness 2 Name] SIGNED, SEALED, AND DELIVERED by the within-named Second Vendor Mr. CD In the presence of: 1. [Witness 1 Name] 2. [Witness 2 Name] SIGNED, SEALED, AND DELIVERED by the within-named Purchaser Mr. EF In the presence of: 1. [Witness 1 Name] 2. [Witness 2 Name]

Topics: Deeds and Conveyancing

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