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DRAFT OF AGREEMENT TO SELL A PLOT (BIANA OF PLOT DHA)

AGREEMENT TO SELL A PLOT (BIANA)
(Draft Format)

In respect of Plot No., Block-, Phase-______________, Measuring __________ Marla, situated at Defence Housing Authority, ______________ (hereinafter called the Plot).

THIS DEED OF AGREEMENT made on this __________ day of __________, ________,

BETWEEN

Mr. ___________________________ S/o _______________________, Holding N.I.C. No.______________________, R/o _________________________________________________ (hereinafter called the Seller) of the One Part.

AND

Mr. ___________________________ S/o ___________________________, Holding N.I.C. No. _________________________, R/o _________________________________________________ (hereinafter called the Purchaser) of the Other Part.

THIS AGREEMENT TO SELL WITNESSETH AS UNDER:

  1. That the Seller affirms and confirms that he/she is the absolute owner of Plot No., Block-, Phase-______________, measuring __________ Marla, situated at Defence Housing Authority, , vide allotment / transfer letter No., dated ______________.
  2. That the Seller further affirms and confirms that the said plot is free from all encumbrances, charges and litigation of all sorts. The Seller shall be responsible to clear all development charges and dues of DHA, including corner plot charges (if applicable). No loan facility has been availed from any bank or financial institution against this plot by the Seller.
  3. It is further confirmed that the Plot is not registered through any Sale Deed with the Sub-Registrar concerned.
  4. That the Seller is selling and the Purchaser is purchasing the above-mentioned Plot at the total price of Rs. ______________ (Rupees ______________________________________ Only), out of which Rs. ______________ (Rupees __________________________________ Only) has been paid as advance Biana by the Purchaser (which is hereby acknowledged), through Cash/Cheque No.______________, dated ______________, drawn on ____________________. The balance amount of Rs. ______________ (Rupees ____________________________________ Only) shall be paid by the Purchaser on or before ______________.
  5. That the Seller will make himself/herself available to sign all the documents when called upon by the Purchaser for transfer of the above-mentioned Plot in the DHA office in favor of the Purchaser or his/her nominee(s).
  6. That all expenses regarding transfer i.e., transfer fee, membership fee, TIP tax, CVT, stamp duty, etc., in respect of the said Plot shall be borne by the Purchaser. Extra land charges, if any, will be paid by the Seller.
  7. That if the Purchaser fails to pay the remaining amount to the Seller by the above-mentioned date, the earnest money (Biana) shall be treated as forfeited, and the Purchaser shall have no right to seek a stay through any court against the said Plot. Likewise, if the Seller commits any fault or refuses to transfer the Plot, the Seller shall be liable to pay double the amount of the Biana to the Purchaser.
  8. The Seller further covenants with the Purchaser that he/she has not entered into any agreement or negotiation for sale in respect of the said Plot with any individual, firm, or organization and shall not do so in the future.
  9. That the Purchaser shall be put into physical possession of the Plot (subject to development of the area) as and when the balance amount is paid by the Purchaser to the Seller.
  10. That if any dispute or difference arises between the Seller and Purchaser regarding this Agreement or any of its provisions, the matter shall be referred to the Arbitration Committee of DHA Estate Agents Association (Registered), through DHA. Both parties agree not to seek recourse to any court or authority and shall resolve all disputes through arbitration at DHA, Lahore Cantt. The time limit for arbitration shall be one month. Both parties shall be bound to accept the decision of the Arbitration Committee.
  11. That the terms “Seller” and “Purchaser” herein shall include their respective legal heirs, representatives, and successors.

IN WITNESS WHEREOF, the parties hereto have set their hands and signed this Agreement on the date first above written.

SELLER: ________________________   PURCHASER: ________________________
Name: ___________________________   Name: ___________________________
NIC No: __________________________   NIC No: __________________________

WITNESSES:

  1. _______________________________   NIC No: __________________________

  2. _______________________________   NIC No: __________________________



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