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Affidavit And Memorandum Of Agreement Of Purchase And Sale
"I need an Affidavit and Memorandum of Agreement of Purchase and Sale for a residential property purchase in Mumbai, India, with completion planned for March 2025, including specific clauses about pending property tax payments and the seller's NRI status."
1. Parties: Identification and details of all parties involved in the transaction, including their legal capacity and addresses
2. Background: Context of the transaction and relationship between parties
3. Definitions: Definitions of key terms used throughout the document
4. Affidavit Contents: Sworn statements regarding ownership, title clarity, and property details
5. Property Description: Detailed description of the property being sold, including boundaries and measurements
6. Sale Consideration: Purchase price, payment terms, and payment schedule
7. Title Guarantee: Seller's warranties regarding clear title and right to sell
8. Possession: Terms and timing of property possession transfer
9. Representations and Warranties: Statements and guarantees by both parties regarding the property and transaction
10. Costs and Expenses: Allocation of transaction costs, including registration and stamp duty
11. Completion Requirements: Steps to be taken for completing the transaction
12. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction
13. Execution: Signature blocks and witness details
1. Existing Encumbrances: Details of any existing mortgages or liens (include if property has any encumbrances)
2. Third Party Rights: Information about any tenants or other rights holders (include if applicable)
3. Special Conditions: Any unique terms specific to this transaction
4. Tax Matters: Special tax considerations or obligations (include if relevant)
5. Insurance: Insurance requirements during transition period (include if there's a gap between agreement and completion)
6. Force Majeure: Provisions for unforeseen circumstances (include for high-value transactions)
7. Indemnification: Additional protection clauses (include for complex transactions)
1. Property Documents: List of all title and property-related documents
2. Property Details: Detailed technical description, measurements, and boundaries
3. Payment Schedule: Detailed breakdown of payment terms and installments
4. Outstanding Liabilities: List of any pending dues, taxes, or charges
5. Title Documents: Copies of relevant title documents and chain of title
6. Encumbrance Certificate: Recent encumbrance certificate from relevant authority
7. Property Photos: Photographic evidence of property condition
8. Existing Approvals: Copies of relevant permits and approvals
Authors
Real Estate
Construction
Banking and Finance
Legal Services
Property Development
Agriculture (for agricultural land)
Industrial (for industrial property)
Commercial Real Estate
Residential Real Estate
Legal
Real Estate
Compliance
Property Management
Risk Management
Corporate Secretarial
Operations
Documentation
Administration
Legal Counsel
Property Lawyer
Real Estate Manager
Compliance Officer
Property Developer
Real Estate Agent
Title Officer
Contract Manager
Property Manager
Legal Administrator
Real Estate Director
Company Secretary
Risk Management Officer
Document Controller
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