1

of Identifier
of Executant
Sign.Sign.

THIS Deed of Absolute Sale executed on this

the ............ day of ................, ….....
(……………………..).
BY
M/S ............................................., a Company
Sign. of Executant

incorporated under the Company’s Act. 1956 and

having its registered office
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at ............... ..........................., through

its ...................,
Mr/Mrs ................................................
son/daughter/wife of ........................., residing
at ................................., P.O.......................,
P.S.- ........................, District- ............................,
PIN……………. Nationality Indian, hereinafter
called the Developer/Builder/ Vendor of the (which
expression shall, unless repugnant to the subject or
context, mean and include its executors,
administrators, representatives, successors and
assigns) of the FIRST PART.
PAN-…………………..AADHAR…………………
Mobile-………………….

IN FAVOUR OF
MR/MRS .....................................................,
son/daughter/wife of ..................................., resident
of ...................., P.O.- ..................., P.S.- ...................
District- ..................., PIN…………… Nationality
Indian, hereinafter referred to as the ‘Purchaser’ of
the SECOND PART.
PAN-………………….AADHAR………………….
Mobile-…………………
WHEREAS, the Builder/Developer is a
company with the object of acquiring and
developing land in accordance with the need of its
purchasers/members and doing construction of
building/apartments and subsequently allotting them
to interested persons.
AND WHEREAS, the land of the Building is
Sign. of Executant

the ................................................................................
......................................................................................
....... of the land owners, which was allotted in the
 Sign. of Witness
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share of the land owners by ......................................

and since then they came in actual, physical
possession as absolute owner and mutated their
names in the State Serista and paying rent to the State
of Bihar, through Circle Office, ……………..
AND WHEREAS, in the ordinary course of its
business Developer and Land owners framed and
launched a scheme to achieve this object the land lord
and developer entered into a registered development
agreement on ..................., which is registered in the
office of the ………………, in Book no.

Sign. of Executant
……………, Volume no. …………., C.D. no.
…………/………, Pages from …………. To
……………, bearing Deed no. …………… in
respect of the land fully described in First Schedule
hereunder individually and jointly in favour of the
aforesaid company, the company accordingly
prepared a scheme for construction of the multi-
storeyed residential/ commercial
complex/building/buildings known as
“......................................” Apartments on the land fully
described in the First Schedule.
AND WHEREAS, building has been
constructed over the land and share of the land
owners and developer has already been distributed.
Hence u/s 5 and others of The Bihar Apartment
Ownership Act. 2006 Builder/Land Owner is entitled
to sale/transfer his/her/their share as Absolute owner.
The property hereby sold is allotted in the share of
the …………....…… And now the above named
vendor has full right to transfer the Flat etc. by way
of sale to different purchaser/s on the ownership
basis.
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Sign. of Witness
AND WHEREAS, by a registered agreement
for sale in writing dated .............. bearing deed
no. ................/.......... which is registered in the Office
of District Regtistrar Patna in Book No. 1, Volume
No. ..., C.D.-..., Pages. ...... to ......, accordingly the
stamp duty has already been paid of ............... /-.
AND WHEREAS, the Developer agreed to sell and
the purchaser agreed to purchase ALL THAT Flat
no. …......... on .............. floor, more fully described
in Second Schedule, in the said Complex hereunder
and hereinafter referred to as the ‘SAID UNIT’ at and
for an aggregate consideration of .................../-
(Rupees ................... ...................) only. But the
stamp duty is being paid on the Govt. value
of ......................../- (.....................) only.
AND WHEREAS, the purchaser has paid the
said entire consideration of .................../-

Sign. of Executant
(Rupees ......................................) only for the Flat
etc. (fully described in Second Schedule of this
deed), the receipt whereof the vendor of the First part
doth hereby as well as under the Memo of
consideration set out hereunder admit and
acknowledge and of and from the same and every
part thereof doth hereby acquit, release and forever
discharge the Purchaser and/or the said unit
hereunder conveyed and obtained possession of the
said unit.
AND WHEREAS, the purchaser has requested
the vendor to grant and execute the conveyance of the
said unit.
NOW THIS INDENTURE WITNESSETH AS
FOLLOWS :-
1. That in pursuance of the said Agreement and in
consideration of the said aggregate sum
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of .................../- (Rupees ...............................) only

paid by the purchaser to the vendor of the First Part
on different dates (the receipt whereof the
Vendor/Builder doth hereby as well as under the
Memo of consideration set out hereunder admit and
acknowledge and of and from the same and every
part thereof doth hereby acquit, release and forever
discharge the purchaser and/or the said unit
hereunder conveyed) the vendor doth hereby grant,
transfer, convey, assign and assure unto the purchaser
the said unit more fully described in the second
schedule hereunder together with undivided share of
interest in that part of the said plot which is directly
beneath the said unit in the proportion which the said
unit bears to all the units constructed or that might be
constructed on the said part or portion of the said plot
of land along with the right of access from the exit to
the main road either directly and/or through gates,
passage, stairways, landings, lobbies and common
areas thereof including the right to use and enjoy in
common with all other owners and occupiers for the
time being of the other units in the said complex the
benefits of all common areas and facilities described
in the Third Schedule hereunder subject however to
the terms, conditions and covenants contained in the
Fourth Schedule hereunder on payment of all
common and maintenance expenses mentioned in the
Fifth Schedule hereunder TO HAVE AND TO
HOLD the said Unit together with the proportionate
interest in the land and the rights and facilities and
subject to the terms, conditions and covenants as
aforesaid unto and to the use and benefit of the
purchaser absolutely free from all attachments,
charges, encumbrances, liens, lis pendens subject
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however to the conditions and covenants contained in

the Fourth Schedule and liability to pay and
contribute towards payment of:
(a) all taxes assessments (b) costs of repair,
management and maintenance of the common areas
and facilities of the said complex described in the
Fifth Schedule hereunder.
2. The vendor hereby convenants with the
purchaser his/her heirs and assignees as follows :-
(a) The vendor subject to the rights created in
favour of the purchaser the said agreement for sale is
lawfully seized and possessed of the said unit
TOGETHER WITH the said proportionate undivided
share of interest on the said portion of the land and
right to use and enjoy all common areas and facilities
for the perfect and indefeasible estate of inheritance
in free, simple in possession or an estate equivalent

Sign. of Executant
thereto free from all attachments, encumbrances,
liens, lis pendens whatsoever without any manner or
condition of use or trust or other thing whatsoever to
alter, defeat, encumber or make void the same AND
that notwithstanding any act, deed, matter or thing
whatsoever as aforesaid the vendor that now in itself
good rightful power and absolute authority to grant,
convey, transfer, sell, assure and assign the said unit
together with the said undivided share or interest in
the said portion of the land and right to use and enjoy
all common areas and facilities mentioned in the
Third Schedule hereunder hereby granted, conveyed,
sold, transferred and assured or intended so to be
unto and to the use of the said purchaser in the matter
aforesaid.
(b) It shall be lawful for the purchaser, his/her
heirs or assignees from time to time and at all times
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hereafter to quietly enter into and upon the said unit

hereby conveyed and transferred unto the purchaser
and every part thereof and to enjoy the said unit
TOGETHER WITH the rights in common areas and
facilities mentioned in the Third Schedule hereunder
without any interruption claim or demand whatsoever
by the vendor or any person or persons claiming
through them or under or in trust for the vendor but
subject to terms and stipulations contained in Fourth
Schedule hereunder and on payment of proportionate
common expenses mentioned in the Fifth Schedule
hereunder.
(c) The said unit is free from all attachments,
encumbrances, liens, trusts and lisp endens and
freely, clearly and absolutely acquired, exonerated
and released or otherwise by and at the cost and
expenses of the vendor well and sufficiently

Sign. of Executant
indemnified of from and against all or any manner of
claims, demands, charges, liens, debts, attachments
and encumbrances whatsoever made or suffered by
the vendor or any person lawfully or equitably
claiming as aforesaid.
(d) The vendor and every person or persons having
lawfully claiming and estate right, title and interest
unto or upon the said unit hereby so conveyed and
transferred unto the purchaser or any part thereof
under or in trust for the vendor and at all times
hereafter upon every reasonable request and cost of
the purchaser make do acknowledge, execute, perfect
all such further and other lawful and reasonable
deeds, assurances, matters and things whatsoever for
further and better and more perfectly assuring the
said unit unto the purchaser in manner aforesaid as
may be reasonable required.
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3. The purchaser doth hereby convenants with the

vendor that the purchaser shall hold the said unit and
the right and interest in common areas and facilities
upon and subject to the terms and stipulations
mentioned and contained in the Fourth schedule
hereunder and make payment of the proportionate
maintenance charges and common expenses
mentioned in the fifth schedule hereunder including
all Municipal rates and taxes payable over or in
respect of the said unit and keep the vendor
indemnified and harmless from or against any such
claim or demand.
4. PROVIDED ALWAYS it is hereby expressly
agreed by and between the vendor and the purchaser
at that terms, conditions, stipulations covenants
contained herein including the schedules hereunder
shall prevail and have overriding effect not
withstanding anything to the contrary contained in

Sign. of Executant
the said Agreement for sale or in any other document
exchanged by and between the parties hereto and the
purchaser shall not be entitled to make claim or
demand any compensation or damages from the
vendor for any deviation or alteration in the terms,
conditions, stipulations and covenants between the
said Agreement for sale and these presents and the
purchaser hereby waived all such rights, if any, in
consideration of the terms, conditions, stipulations,
and covenants contained in these presents.
5. In case the entire building is required to
demolish or is razed as a result of natural calamity
and the building becomes inhabitable, all Owners,
Developers and Purchasers, title holders to the
building will have proportionate share of land. But no
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individual title holder is entitled to demolish his flat

or building and demand share in the land.
THE FIRST SCHEDULE HEREIN ABOVE
REFERRED T0 :-
(Description of total land on which ‘...................’
Residential/Commercial Apartments has been
constructed).

Sign. of Executant
ALL THAT piece or parcel of free hold land
measuring an area of ............ sq.ft. equivalent to
…….. Decimals, situated at ................... at Mohalla-
…………, Mauza- ...................,
Pargana- ..................., Survey Thana- ..............., at
present P.S.- ..................., Distt.- ………….., bearing
Thana no........., Tauzi no........., Khata no. ........, C.S.
Plot no. ........, Ward no. ........, in the apartments
named “………..............................”
residential/commercial complex, including the land
owner’s share in Flats will have proportionate share,
right, title and interest over the land which is
bounded as follows :-
Boundary of the entire land :
North-
South -
East -
West -
Note :- Govt. value is mentioned at Code
No. ...... & Zone- ..... of M.V.R…………...
THE SECOND SCHEDULE HEREIN ABOVE
REFERRED TO :-
(Description of the said unit)
(i) All that Flat no. .........., Block-......, measuring
.......... sq.ft. (................................ square feet) built
up area on the ......... floor along with user right of
common space in the apartment including the land
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owner’s share in Flats etc. will have proportionate

share, right, title and interest over the land and
bounded by :-
Boundary of the Flat :
North-
South -
East -
West -

Sign. of Executant
(ii) Parking space no. ......, measuring .......... sq.ft.
on Ground floor which is bounded as follows :-
North :-
South :-
East :-
West :-
in the Residential/Commecial Complex known as
“............................” Apartments constructed on the
said plots of land fully described in the First Schedule
herein above referred to and comprising of the
following :-
(a) Carpet area comprised within the said unit.
However the roof of the said unit shall be used both
as the roof of the said unit as well as the floor of the
unit or units constructed above it, similarly the floor
of the said unit shall be used both as the floor of the
said unit as well as the roof of the unit or units below
it and the roof and the floor of the said unit shall
belong jointly to the purchaser and the owners of
other units directly above and under the said unit.
(b) The walls and columns, if any, within and
outside the said unit save the wall or walls separating
the said unit from other unit or units on the same
floor shall jointly belong to the purchaser and the
owner or owners of the other unit or units.
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(c) Undivided share and/or interest in that portion

of the said plot of land which is directly beneath the
said unit in the proportion which the said unit bears
to all the units constructed or that might be
constructed on the said part or portion of the said plot
of land.
(d) The right of access from the exit to the main
road either directly and/or through gates, passages,
stairways, landings, lobbies and common areas.

Sign. of Executant
(e) Right to use and enjoy all common areas in
common with all other owners and occupiers of the
said complex.
THE THIRD SCHEDULE HEREIN ABOVE
REFERRED TO :-
1. All costs of maintenance, operation, repairs,
replacing, white-washing, painting, rebuilding,
reconstructing, decorating, redecorating and lighting
the common parts including the other of the project,
parking space and boundary walls and that of
generator, water pump, tube-well, Community hall
and over head water tank, water pipe line, sewerages,
rain water and/or soil pipes fire fighting instruments
etc.
2. The salaries and other expenses for all
persons employed for common purposes.
3. The Insurance Premium for insuring the
project building against earthquake, fire, lightening,
mob-violence, civil commotion etc., if insured.
4. Expenses for supplies of common utilities
and payments of all charges and/or deposits for
providing the H.T.Line and/or on any there account
to P.E.S.U. and other authorities and/or organization.
5. Municipal and other rates and taxes and
levies and all other outgoing save those which can
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not be separately assessed or incurred in respect of

any unit.
6. Costs of establishment and operations of the
Builder/ Association/Co-operative Society Private
Limited, Company relating to common purposes.
7. All other expenses and outgoings as are
deemed by the builder/Association/ Co-operative
Society/ Private Limited Company to be necessary or

Sign. of Executant
incidental for replacement, renovation, painting
and/or periodic repainting or repairing of the
common parts.
THE FOURTH SCHEDULE HEREIN ABOVE
REFERRED TO:-
(a) Each Apartment is a separate residential unit
which is transferable and heritable as such, but it
shall not be partitioned or subdivided for any purpose
whatsoever.
(b) Each Apartment owner, present or in future
shall be entitled to an undivided interest in the
common areas, land and facilities in the percentage
expressed in the declaration to such Apartment.
(c) The common areas and facilities general and
restricted shall remain undivided and no owner shall
initiate any action for partition or division thereof so
long as the property shall remain submitted to the
provisions of the said Act.
(d) The percentage of the undivided interest in the
general or restricted common areas and facilities, as
expressed in the declaraiton, shall not be altered
except with the consent of all the apartment owners
expressed in an amended declaration duly executed
and registered as provided in the said act.
(e) During the period the property remains subject
to the said act, no encumbrance of any nature shall be
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created against the property, though such

encumbrance may be created only against each
apartment and the percentage of undivided interest in
the common areas and facilities appurtenant to
such apartment in the same manner as in relation to
any other separate parcel of property subject to
individual ownership.

Sign. of Executant
(f) The percentage of the undivided interest in the
common areas and facilities shall not be separated
from the apartment to which it appertains and shall be
deemed to be conveyed or encumbered with the
apartment even though such interest is not expressly
mentioned in the conveyance or other instruments.
(g) No apartment owner shall do anything which
would be prejudicial to the soundness and safety of
the property or reduce the value thereof or impair
any easement or heriditament or shall add any
material structure or execute any addition basement
or cellar.
(h) No apartment owner shall sell, transfer or rent
out his/her apartment for any other purpose other
than those mentioned in the deed of apartment.
(i) For the purpose of effective administration of
the property and for due maintenance, repair and
replacement of the common areas and
facilities, the apartment owner, shall strictly comply
with the provisions of the said Act and the bye-laws
made thereunder and shall pay their share of common
expenses, as assessed by the association of apartment
owners and on failure to comply with any such
requirement shall be a proper ground for action for
damages or for other relief or reliefs at the instances
of the manager on behalf of association of apartment
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owners or in proper case by the association of

Apartment owners.
THE FIFTH SCHEDULE HEREIN ABOVE
REFERRED TO :-
(Common and Maintenance Expenses to be paid by
the purchaser)
(a) Cost of operating, maintaining, overhauling
or replacing water pumps, electric meters, common

Sign. of Executant
water supply line.
(b) Cost of maintaining water reservoirs and tanks
on the roof.
(c) Cost of maintaining or keeping the roof as well
as the wide walls of the building in proper repairs and
water in leak proof condition.
(d) Cost of repairs and painting the exterior of the
building and all other common portion and areas.
(e) Salaries of Sweepers, Caretakers, Chowkidars
and Durwans, employed for the upkeep of the
common areas.
(f) Cost of incorporation and formation of the
Association for maintenance of the building.
(g) All Municipal rates, taxes, duties and other
impositions and levies on all common parts and
areas.
(h) The security deposits or any increase in
security deposit demanded and required to be paid to
Electricity authorities, Municipal authorities or any
other local authority for maintenance of all common
services and facilities.
(i) Cost of maintenance of all other common
services and facilities not specifically provided.
(j) Insurance premium for insuring the Building
against Earth quake, fire, lightening, mob violence,
civil commotion etc. if insured.
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Details Schedule of .............................

1. Total land of the Building .......... sq.ft.
2. Total Constructed area of .......... sq.ft.
the Building
3. Total area of the Flat. ........... sq.ft.
4. Total Proportionate share of the .......... sq.ft.
land to the Vendee
5. Total Govt. value of the Flat. .............../-

Sign. of Executant
6. Total Value of Proportionate share .............../-
of the land.
Total Govt. value of ........................../-
Certified that land of this deed is free from all
kinds of encumbrances, acquisition and requisition,
liens, charges and attachments and also free from
Khas Mahal, Gairmazarua, Ceiling, Bhoodan, Red
Card, Kaiser-e-hind, Religious Trust Board, Waqf
Board and other kinds of Government land. If the
said land is found effected, the vendor of this deed
shall be liable and responsible for the same.
IN WITNESS WHEREOF the parties hereto
have hereunto set and subscribed their respective
hands in presence of the witnesses, on the day, month
and year first above written.

WITNESSES :-
1…………………..
…………………… Signature of the Vendor
……………………

2………………….. Signature of the Vendee

……………………

……………………
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Typed/Printed: Drafted,

(……………) (……………………)

Direction: Not for Printing or Part of Document

Words and/or sentences which are not applicable in the context could be
replaced and/or omitted. Any other terms & conditions may be added which
are legally correct.