Lease - Cum - Sale Deed
FORM NO – III Lease - Cum - Sale Agreement (Rule 19)
This agreement of lease -cum-sale executed this - - between the Hubli- Dharwad Urban Development Authority, represented by its Commissioner hereinafter called the lesser (with term shall wherever the context so permits , mean and include its successors in interest and assigns) on the one part, and Shri.--------- Age:---- Occupation: -------
Herein after called lessee (which term shall wherever the context so permits , mean and include his / her heirs , executors, administrators and legal representatives) on the other part.
Whereas the Hubli - Dharwad Urban Development Authority advertised for allotment of sites in R.S.No of in Hubli / Dharwad Extension.
And whereas on of such site in Plot No. more fully described in the schedule hereunder and referred to as property.
And whereas there were negations the lessee on the one hand and the lesser on the other for allowing the lessee to occupy the property as lessee until the payment in full of the price of the aforesaid site as might by fixed by lesser as hereinafter provided.
And whereas the lesser agreed to do so subject to the terms and conditions specified in the Karnataka Urban Development Authority (Allotment of sites) Rules , 1991 and the terms and conditions hereinafter contained.
And whereas the lesser has agreed to lease the property and the lessee has agreed to take it on lease subject to the terms and conditions specified in the said Rules and the terms and conditions specified hereunder.
Now . therefore , this indenture witnessed as here under
- 1. The lessee is hereby put in possession of the property and the lessee shall occupy the property as a tenant there of for a period of ten years from the date of taking possession or in the event of lease being determined earlier till the date of such termination. The amount deposited by the lessee towards the value of property shall during the period of tenancy , be held by the lesser as security deposit for \the due performance of all terms and conditions of these presents. The lessee shall pay a sum of Rupees ( Rs.------- only) per year as on or before ----- commencing from -----
- 3. The lessee shall construct a building on the site as per plan designs and conditions to be approved by the Authority in conformity with the relevant Building Bye - laws for the time being in force within five years form the date of this agreements.
Provided that where the lessee for sufficient reasons extends in any particular case the time for construction of the building , the lessee shall construct the building within such extended period.
- 4. The lessee shall not sub - divide the site.
- 5. The lessee shall plant at least two trees in the site leased to him/ her.
- 6. The lessee shall not alienate the site or the building that may be constructed thereon during the period of tenancy. The lessee may, however permit the mortgage of the right, title or interest of the lessee in favor of the Government of Karnataka , the Central Government or bodies Corporate like Karnataka Housing Board or Life Insurance corporation of India, Housing Co-operative Societies or Banks to secure money advanced by such Government or bodied for the construction of the building.
- 7. The lessee agrees that the lesser may take over possession of the property with the structure thereon if there is any mis-representation in the application for allotment of site subject to the rights of the mortgagee created by the allotment in the institution from which he / she raises the loan.
- 8. The property shall not be put to any use except as residential building without the consent in writing of lesser.
- 9. The lessee shall be liable to pay all outstanding dues with reference to the property including taxes due to the Government and the Corporation of Hubli - Dharwad.
- 10. On matters not specifically stipulated in these presents, the lesser shall be entitled to give direction to the lessee which lessee shall carry out and default in carrying out such directions will be a breach of conditions of these presented.
- 11. In the event of the lessee committing default in the payment of rent or committing breach of any conditions of this agreement or the provisions of the Karnataka Urban Development Authority ( Allotment of sites ) Rules , 1991 , the lesser may determine the tenancy at any time after giving the lessee , fifteen days notice ending with the month of the tenancy and take possession of the property . The lesser may also forfeit twelve and half percent of the value of the site treated as security deposit under clause - 1 of these presents.
- 12. If the lessee has performed all the conditions mentioned herein and committed no breach there of the lesser shall , at the and of ten years referred to in clause - I sell the property to the lessee and all allendant expenses in connection with the sale such as stamp duty ,registration charges etc ., shall be borne by the lessee.
- 13. The lessee hereby also confirms that this agreement shall be subject to the terms and conditions specified on the Karnataka Urban Development Authority (Allotment of sites) Rules 1991 , and agrees to the lessee in his / her application for allotment of the site.
- 14. In case the lessee is evicted under clause - 11 , he / she shall not be entitle to claim from the lesser any compensation towards the value of the improvement or the super structure erected by him / her on the schedule property by virtue of and in pursuance of these presents.
- 15. It is also agrees between the parties hereto that Rs. ( Rupees ----------------- Only) in the hands of the lesser received by it from the lessee shall be held by it as security for any loss or expense that the lesser may put to in connection with any legal proceedings including eviction proceedings that may be taken against the lessee and all such expenses shall be appropriated by the lesser from and out of money of the lessee held in its hands.
Site No. formed by the Hubli – Dharwad Urban Development Authority in R.S. No. of in Hubli/Dharwad Extension.
Site bounded on :
East by :
West by :
North by :
South by :
And measuring East to West Mtrs . North to South Mtrs. in all measuring Square meters.
In witness where of the parties have fixed their signature to this agreement.