Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement.
7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:-
a) 7.2.1 There has been no default whatsoever by or on behalf of the Purchaser/s herein Purchaser in compliance with and/or performance of any of the Purchaser herein his covenants, undertakings and obligations under this memorandum Agreement or otherwise.
b) 7.2.2 The Purchaser/s herein has/have Purchaser has made full payment of the agreed considerationAgreed Consideration, the additional payments Additional Payments and depositsMandatory Deposits / Advance / Extra Costs till then payable.
c7.2.3 The Purchaser making payment to the Vendor/Builder, Transfer Charges/Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Vendor/Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xiv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.25,000/- (Rupees Twenty Five Thousand only) plus taxes as applicable.
7.2.4 Prior consent in writing is obtained from the Developer herein regarding Vendor/Builder of the proposed mortgagetransfer / disposal / nomination or alienation of the said Unit or any part thereof. PROVIDED HOWEVER that the Vendor/Builder shall in its absolute discretion be entitled to refuse consent to nomination / transfer / disposal, encumbranceetc. of the said Unit to any person not being a Family Member of the Purchaser if the Purchaser intends to make such nomination / transfer / disposal, assignmentetc. within a period of 1 (one) year from the date of this Agreement, and any nomination / transfer / disposal or alienationmade in contravention / violation of such refusal to give consent shall be void ab initio.
7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions:
a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, municipal Govt. Authorities taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinVendor/Builder, the maintenance Maintenance Agency, the Association and the Municipality Govt. Authorities are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit.
7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour subject to production of necessary documents of representation to title as may be required by the Vendor/Builder in this regard, including probate, letters of administration and succession certificate.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour favor of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.the
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour favor of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour favor of more than one buyer, the same shall be done in their favour favor jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement.
7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:-
a) 7.2.1 There has been no default whatsoever by or on behalf of the Purchaser/s herein Purchaser in compliance with and/or performance of any of the Purchaser herein his covenants, undertakings and obligations under this memorandum Agreement or otherwise.
b) 7.2.2 The Purchaser/s herein has/have Purchaser has made full payment of the agreed considerationAgreed Consideration, the additional payments Additional Payments and depositsMandatory Deposits / Advance / Extra Costs till then payable.
c7.2.3 The Purchaser making payment to the Builder, Transfer Charges/Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xiv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.25,000/- (Rupees Twenty Five Thousand only) plus taxes as applicable.
7.2.4 Prior consent in writing is obtained from the Developer herein regarding Builder of the proposed mortgagetransfer / disposal / nomination or alienation of the said Unit or any part thereof. PROVIDED HOWEVER that the Builder shall in its absolute discretion be entitled to refuse consent to nomination / transfer / disposal, encumbranceetc. of the said Unit to any person not being a Family Member of the Purchaser if the Purchaser intends to make such nomination / transfer / disposal, assignmentetc. within a period of 1 (one) year from the date of this Agreement, and any nomination / transfer / disposal or alienationmade in contravention / violation of such refusal to give consent shall be void ab initio.
7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions:
a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, municipal corporation taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinBuilder, the maintenance Maintenance Agency, the Association and the Municipality Municipal Corporation are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit.
7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour subject to production of necessary documents of representation to title as may be required by the Builder in this regard, including probate, letters of administration and succession certificate.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Alienation. 7.1 Until a Deed (i) Not to assign transfer mortgage change (save by way of Conveyance is executed unto and in favour floating charge) underlet licence share or part with possession or occupation of the Purchaser/s herein, demised premises or any part thereof nor hold the Purchaser/s herein demised premises on trust for or as a nominee of any person company or body PROVIDED that the transaction mentioned in (ii) and (iii) of this sub-clause shall not constitute a breach of this covenant Back to Contents
(a) Not to assign the whole of the demised premises without first:-
(A) obtaining the written licence of the Landlord which shall not be entitled unreasonably withheld or delayed;
(B) satisfying the circumstances specified for the purpose of S.19(1A) of the Landlord and Xxxxxx Xxx 0000 and set out in subclause (b) below; and
(C) complying with the conditions specified for the purposes of s.19(1A) of the Landlord and Xxxxxx Xxx 0000 and set out in subclause (c) below
(b) The circumstances referred to mortgage in subclause (except a) (B)are that:-
(A) all sums properly demanded and/or due from the Tenant under this Underlease have been paid at the date of the application for the licence to assign;
(B) in the Landlord’s reasonable opinion the assignee is at the date of the application for licence to assign likely to be able to pay the rents hereby reserved and comply with the tenant covenants of this Underlease and is likely to continue to be so able following the assignment; Back to Contents
(C) the assignee does not have the benefit of diplomatic immunity;
(D) in the case of an assignment to a company which is in the purchaser obtaining same group (within the meaning of Section 42 of the Landlord and Tenant Act 1954) as the Tenant the assignee is in the Landlord’s reasonable opinion a home/housing loan from any recognized financial institution where Clause- C below shall person who is at the date of the application for licence to assign no less likely than the Tenant was at the date of the grant or assignment of the Underlease to the Tenant to be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever able to comply with the said Unit/Flat tenant covenants of this Underlease and is likely to continue to be such a person following the assignment; and
(c) The conditions referred to in subclause (a) (C) are that:-
(A) upon or before any portion thereof and/or any right or benefit assignment and before giving occupation to the assignee the Tenant shall covenant by way of indemnity and guarantee with the Purchaser/s herein Landlord in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all terms set out in the following conditions are complied with:Second Schedule;
a(B) There has been no default whatsoever if so reasonably required by the Purchaser/s herein in compliance with and/or performance of Landlord the assignee shall upon or before any of the Purchaser herein covenants, undertakings assignment and obligations under this memorandum before taking occupation obtain a guarantor or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject guarantors reasonably acceptable to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s Landlord who shall covenant by way of indemnity and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of guarantee (if more than one buyer, the same shall be done in their favour jointly and in undivided shares.
bseverally) The transfer, sell, grant, demise, and sale of with the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained Landlord in the Deed of Conveyance shall run with terms set out in the land and/or transfer and shall be self-same manners and nature. The person(sThird Schedule; and
(C) the written licence to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full assign contains a condition that if at any time prior to the proposed transfer/alienation. Such dues, if assignment the circumstances (or any of them) specified in subclause (b) cease to exist the Landlord may revoke the licence by written notice to the Tenant
(d) The Tenant shall furnish the Landlord on written demand with full particulars of all derivative interests and occupational rights of or in the demised premises or any event, run part thereof however remote or inferior including particulars of the rent or rents payable in respect of such derivative interests and shall supply such further particulars as the Landlord may reasonably require in respect thereof and without prejudice to the generality of the foregoing the Tenant shall within one month of service of a notice pursuant to section 40 of the Landlord and Xxxxxx Xxx 0000 provide to the Landlord in writing the information requested therein
(e) Notwithstanding (a) of this sub-clause the Tenant or any lawful undertenant may share occupation of the demised premises with any company which is within the same group of companies (as defined by Section 42 of the Landlord and Tenant Act 1954) as the Tenant or the undertenant (as the case may be) PROVIDED that no relationship of landlord and tenant is thereby created and the occupation is Back to Contents upon terms under which such proposed transfer.company will vacate the demised premises forthwith upon its ceasing to be within the same group of companies (as defined aforesaid)
Appears in 1 contract
Samples: Underlease (Eidos PLC)
Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement.
7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:-
a) 7.2.1 There has been no default whatsoever by or on behalf of the Purchaser/s herein Purchaser in compliance with and/or performance of any of the Purchaser herein his covenants, undertakings and obligations under this memorandum Agreement or otherwise.
b) 7.2.2 The Purchaser/s herein has/have Purchaser has made full payment of the agreed considerationAgreed Consideration, the additional payments Additional Payments and depositsMandatory Deposits / Advance / Extra Costs till then payable.
c) 7.2.3 Prior consent in writing is obtained from the Developer herein regarding Owner of the proposed mortgagetransfer / disposal / nomination or alienation of the said Unit or any part thereof. PROVIDED HOWEVER that the Owner shall in its absolute discretion be entitled to refuse consent to nomination / transfer / disposal, encumbranceetc. of the said Unit to any person not being a Family Member of the Purchaser if the Purchaser intends to make such nomination / transfer / disposal, assignmentetc. within a period of 1 (one) year from the date of this Agreement, and any nomination / transfer / disposal or alienationmade in contravention / violation of such refusal to give consent shall be void ab initio.
7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions:
a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, municipal corporation taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinOwner, the maintenance Maintenance Agency, the Association and the Municipality Municipal Corporation are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit.
7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour subject to production of necessary documents of representation to title as may be required by the Owner in this regard, including probate, letters of administration and succession certificate.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat with said Car Parking Space or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Flat with said Car Parking Space/s and Other/s Space and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat with said Car Parking Space in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Flat with said Car Parking Space/s and other/s Space be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and other/s Space unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and Other/s Space by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.be
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour favor of the Purchaser/s hereinHerein, the The Purchaser/s herein shall not be entitled to mortgage (except Except in the case of the purchaser Purchasers obtaining a home/home / housing loan from any recognized financial institution where Clause- clause C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the thee said Unit/Flat S Flat/s or any portion thereof and/or and / or any right or benefit of the Purchaserpurchaser/s herein in the said UnitUnit /Flat/s/Flat/s/Car Parking Space/s car parking Space and Other/s and/or others and / or under this Memorandum memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or and / or performance of any of the Purchaser purchaser herein covenants, undertakings undertaking and obligations under this memorandum or otherwise.other wise
b) The Purchaserpurchaser/s herein has/has/ have made full payment of the agreed agrees consideration, the additional Additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, assignment disposal or alienation.
7.2 After completion of the execution and registration of o the Deed of Conveyance conveyance unto and in favour of the Purchaserpurchaser/s herein, herein the Purchaser/s herein may deal with or dispose of or the alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/s/ Car Parking parking Space/s and otherOther/s be one lot and shall not be partitioned or dismembered in parts. In , in case of salesake, alienation, transfer, demise, demise and grant of the said Unit/s/Flat/s/Car Parking s/ Car-parking Space/s/ s and otherOther/s unto and in favour of more than one buyer, buyer the same shall be done in their favour favor jointly and in undivided shares.
b) The transferTransfer, sell, grant, demise, demise and sale of the said Unit/s/s / Flat/s/Car Parking s Car-parking Space/s/ s and Otherother/s by the Purchaserpurchaser/s herein shall not be in any manner inconsistent with this Agreement and/or agreement and / or the Deed of Conveyance and the covenants contained herein and/or and / or to be contained in the Deed deed of Conveyance conveyance shall run with the land and/or and / or transfer and shall be self-self - same manners and nature. The person(s, the Person (s) to whom the Purchaserpurchaser/s may transfer/ transfer / alienate the said Unit/s/Flatflat/s/Car Parking Space/s and Otherother/s shall be made bound by the same terms, terms and conditions, covenants, stipulations, undertakings undertakings, and obligations as applicable to the Purchaserpurchaser/s herein by law and/or and / or by virtue of this Agreement and/or agreement and / or the proposed necessary Deed deed of Conveyanceconveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unitunit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association The association and the Municipality Municipality/Corporation are paid by the Purchaser/s in full prior to the proposed transfer/transfer / alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat with said Car Parking Space or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Flat with said Car Parking Space/s and Other/s Space and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat with said Car Parking Space in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Flat with said Car Parking Space/s and other/s Space be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and other/s Space unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and Other/s Space by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Flat and the said Car Parking Space/s and Other/s Space shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.same
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- Clause - C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s s/ Commercial Space and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser Purchaser/s herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ s and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ transfer/alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ s and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ transfer/alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/transfer/ alienation. Such dues, if any shall in any event, run with such proposed transfer.
Appears in 1 contract
Samples: Sale Agreement
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour (a) not to assign (which shall include any equitable assignment) underlet charge grant any security interest over or part with or share possession or occupation of the Purchaser/s herein, whole or any part or parts of the Purchaser/s herein Demised Premises nor to hold its interest in the Demised Premises or any part thereof as nominee or upon trust for any third party save in accordance with the provisions of this Clause 3.24 PROVIDED ALWAYS THAT the Tenant may without the necessity of obtaining the consent of the Landlord share occupation of the whole or any part or parts of the Demised Premises with a company that is a member of the same group as the Tenant (as defined by Section 42 of the Landlord and Tenant Act 1954) subject to:
(i) the Tenant notifying the Landlord of the commencement or termination of each such arrangement;
(ii) any such sharing of occupation terminating forthwith upon any such company or companies ceasing to be a member or members of the same group as the Tenant; and
(iii) no relationship of landlord and tenant being thereby created For the avoidance of doubt any such sharing of occupation shall not be entitled to mortgage constitute an underletting within the meaning of Clause 3.24(c)
(except b) in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit an assignment of the Purchaser/s herein in whole of the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless Demised Premises prior to such assignment all the following conditions set out below (being conditions specified for the purposes of Section 19(1A) of the Landlord and Xxxxxx Xxx 0000 (as amended by Section 22 of the Landlord and Tenant (Covenants) Act 1995)) have been complied with in relation to that assignment which conditions are complied withas follows:
a(i) There has been at the time of the assignment there are no default whatsoever by arrears of Rents or other monies due to the Purchaser/s herein in compliance with and/or performance Landlord and there is no subsisting and material breach of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment covenants on the part of the agreed consideration, Tenant herein contained; and
(ii) the additional payments and deposits.
cTenant has entered into an Authorised Guarantee Agreement as defined in the Landlord & Tenant (Covenants) Prior consent in writing is obtained from the Developer herein regarding Xxx 0000 guaranteeing the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion assignee's performance of the execution and registration covenants on the part of the Deed of Conveyance unto Tenant in such form as the Landlord may reasonably require; and
(iii) the proposed assignee has provided references (and in favour copies of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject letters leading to the following conditions:
agiving of such references) The said Unit/s/Flat/s/Car Parking Space/s from its bank accountant and other/s be one lot (if possible) solicitors and shall not be partitioned or dismembered any current landlord in parts. In each case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s satisfactory to support payment by the Purchaser/s herein shall not be assignee of sums equal to the current Rents or an increased sum in any manner inconsistent with this Agreement and/or the Deed respect of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound an imminent rent review as estimated by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.Landlord acting reasonably; and
c(iv) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior where an assignment to the proposed transfer/alienation. Such dues, if assignee would not materially reduce the value of the Landlord's interest in the Demised Premises or materially and adversely affect the Landlord's ability to dispose of the reversion to all or any shall part of the Demised Premises; and AND in any event, run with such proposed transfer.every case and in addition to the above conditions the Landlord has given its consent to the Tenant's assignment which must not be unreasonably withheld or delayed; and
Appears in 1 contract
Samples: Lease (Virata Corp)
Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement.
7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:-
a) There 7.2.1 The Purchaser has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed considerationAgreed Consideration, the additional payments Taxes and depositsMandatory Deposits in respect of the Said Unit.
c7.2.2 The Purchaser making payment to the Builder, Transfer Charges/ Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or 5% of the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.15,000/- (Rupees Fifteen Thousand only) plus taxes as applicable"
7.2.3 Prior consent in writing is obtained from the Developer herein regarding Builder of the proposed mortgage, encumbrance, assignment, transfer / disposal / nomination or alienationalienation of the said Unit or any part thereof.
7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions:
a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, gas bank charges, municipal corporation taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinBuilder, the maintenance Maintenance Agency, the Association and the Municipality Municipal Corporation are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit.
7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour as per the Governing Law of Succession subject to production of necessary documents of representation to title as may be required in this regard, including probate, letters of administration and succession certificate.
Appears in 1 contract
Samples: Sale Agreement