THIS INDENTURE made at ___________________________ this ____________ day of
___________________ in the Christian Year Two Thousand ____ BETWEEN ABC, of _________,
Indian Inhabitant, residing at ________________________________, hereinafter called “THE
ASSIGNOR” (which expression shall unless repugnant to the context or meaning thereof be deemed
to include his legal heirs, executors and administrators) of the ONE PART; AND M/S. HAPPY HOME
PROPERTIES PRIVATE LIMITED, a company registered under the Companies Act, having its
registered address at ________________ , hereinafter called “THE ASSIGNEES” (which expression
shall unless repugnant to the context or meaning thereof be deemed to include its’ successors and
assigns) of the OTHER PART:
W H E R E A S:—
(a) The Assignor is the lessee in respect of the Plot No. ________ of Dadar Matunga Estate of
the Municipal Corporation of Greater Mumbai admeasuring 600 sq.yds. equivalent to _____
square meters (hereinafter referred to as “the said Plot”) and more particularly described
in the FIRST SCHEDULE hereunder written and is the absolute Owner of the existing
structures standing thereon. The said Plot and structures standing thereon which are more
particularly described in the First Schedule hereunder written are collectively hereinafter
referred as “the said Property”.
(b) The title of the Assignor to the said plot and the structures standing thereon arises as
under:—
(i) By an Indenture of Lease dated 10th May 1970 made between the Municipal
Corporation of City of Bombay of the One Part and the Assignor herein, the Municipal
Corporation demised the said plot unto the Assignor herein for a term of 999 years
from 1st May 1970 onwards at a yearly rent of Rs. 2000/- (Rupees two thousand only)
with the right and authority to the Assignor to construct residential structures thereon.

The said Indenture of Lease dated 10th May 1970 is duly registered with the Sub-
Registrar of Assurances at Mumbai under Serial No.____________ on

___________________.
(ii) The Assignor has at his own cost in the year 1971 constructed a residential building on
the said Plot and which is consisting of building of ground plus three floors and is
known as “PRIYA VILLA”. The said building is fully occupied by ten tenants/occupants
yielding monthly gross rent of Rs. 8416.60 and is subjected to annual property taxes
including repair cess of Rs. 15,486. The list of tenants and the rent and area occupied
by each of them is more particulalry described in the SECOND SCHEDULE hereunder
written.
(C) The Assignor has agreed with the Assignees for an absolute Assignment to them of the said
plot together with the said building “PRIYA VILLA” for the residue of the said term of 999
years free from all encumberances subject to the possession of the said tenants/occupants
at or for the total price of Rs. 40,00,000 (Rupees Forty lacs only). The Assignor has also
obtained necessary permission from the said Municipal Corporation to that effect.
NOW THIS INDENTURE WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the said sum of
Rs. 40,00,000/- (Rupees Forty lacs only) paid by the Assignees to the Assignor on or before
execution hereof, being the full and final consideration payable by the Assignees to the Assignor (the
receipt whereof the Assignor doth hereby admit and acknowledge and of and from the same and
every part thereof doth hereby forever release, acquit and discharge the Assignees) the Assignor
doth hereby assign and transfer unto the Assignees all his right, title and interest including his
leasehold right in the said Plot No. _________ of the Dadar Matunga Estate of the Bombay Municipal
Corporation containing by admeasurement 600 sq.yds or thereabout and more particularly described
in the First Schedule hereunder written together with the ownership of all the structures/buildings
standing thereon and known as “PRIYA VILLA” together with all the rights, privileges, benefits
directly and/or indirectly attached to the said plot and structures standing thereon (referred to as
“the said Property”), however subject to rights of the existing tenants/occupants and all the
estate right, title and interest, easements, appurtenances belonging to the Assignor together with all
the benefits of the earlier Indenture of Lease dated 10th May 1970 in respect of the said plot and
also together with all and singular the houses, outhouses, edifices, buildings, courtyard, ways,
compounds, passages, water courses, sewers, ditches, drains, plants, lights, liberties, easements,
profits, privileges, advantages, rights and appurtenances whatsoever to the said property belonging
to or in anywise appurtaining to or with the same or any part thereof now or at any time heretofore,

usually held, used, occupied or enjoyed or reputed or known as part of member thereof and also
together with all the deeds, documents, writings, vouchers and other evidence of title, relating to the
said property or any part thereof and all the estate, rights, title, interest, use, inheritance, property
possession, benefits, claim and demand whatsoever both at law and equity of the Assignor in to out
of or upon the said property TO HAVE AND TO HOLD the said property hereby granted, conveyed,
released, assigned or assured or intended so to be with their and every of their right members and
appurtenances unto and to the use and benefit of the Assignee in residue of the period of 999 years
subject to payment of all rents, taxes, assessments, rates, dues and duties now chargeable upon the
same or which may hereafter become payable in respect thereof to the Municipal Corporation or to
the Government of Maharashtra and subject to the terms of earlier lease document and payment of
rents AND that notwithstanding any such thing as aforesaid all the rents reserved and the covenants
by the Assignor and the conditions contained in the earlier Indenture of Lease have been paid
observed and performed upto the date of these presents AND that notwithstanding any such thing as
aforesaid HE the Assignor now has in himself good right and absolute power to assign the said
property unto the Assignees for the term and in manner aforesaid AND it shall be lawful for the
Assignees from time to time and at all times hereafter during the said term peaceably and quietly to
hold possess and enjoy the said property hereby assigned or expressed so to be with their
appurtenances and receive the rents and profits thereof for its’ own use and benefit without any
eviction interruption claim or demand whatsoever from or by the Assignor or from or by any other
person or persons lawfully or equitably claiming by from under or in trust for him AND that free and
clear and freely clearly and absolutely acquitted exonerated released and forever discharged or
otherwise by the Assignor well and sufficiently saved defended kept harmless and indemnified of
from and against all estates charges and encumbrances whatever made executed occasioned or
suffered by the Assignor or by any other person or persons having or lawfully or equitably claiming
by from under or in trust for him AND further that the Assignor and all persons having or lawfully or
equitably claiming by from under or in trust for him shall and will from time to time and at all times
hereafter during the said term at the request and costs of the Assignees do and execute or cause to
be done and executed all such further and other lawful and reasonable acts, deeds, things, matters
and assurances in the law whatsoever for further and more perfectly and absolutely assuring the
said premises hereby assigned or expressed so to be and every part thereof unto and to the use of
the Assignees for the residue of the said term and in manner aforesaid as shall or may be reasonably
required AND the Assignor do hereby covenant with the Assignees that he the Assignor has not done
omitted knowingly or willingly suffered or been party or privy to any act deed or thing whereby he is
prevented from assigning the said premises in manner aforesaid or whereby the same or any part
thereof are is can or may be charged encumbered or prejudicially affected in estate title or otherwise
howsoever AND the Assignees do hereby covenant with the Assignor that the Assignees will
henceforth during the said term pay the rents reserved by and perform all the covenants by the
Assignees and conditions contained in the said Indenture of Lease dated 10th May 1970 and keep
indemnified the Assignor and his estate and effects from and against the payment of the said rent
and the observance and performance of the said covenant and all actions proceedings costs damages
claims demands and liability whatsoever for or on account of the same or in anywise relating thereto
AND it is hereby further recorded that the Assignor has represented to the Assignees that his title to
the said property is free from all encumbrances and claims of whatsoever nature save and except
the existing tenants/occupants and in the event it is found that Assignor’s title to the said property is
defective or any claim is made on the said property or the Assignees have suffered any loss or
damages by the statements, declarations, representations and assurances made by the Assignor or
any claim whether directly or indirectly is made on the said property, in that case Assignor agrees to
indemnify and hereby indemnifies the Assignees and/or it’s nominees/successors in title against all
loss, damages, cost and expenses which may be suffered by them AND that the stamp duty and
registration charges in respect hereof shall be borne and paid by the Assignee AND the Assignor doth
hereby confirm and record that on execution hereof he has put the Assignees in lawful possession of
the said property subject to existing occupants/tenants and has also addressed a letter of
attornment to the tenants/occupants attorning the tenancy/occupancy rights in favour of the
Assignees.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands and seal the day and year first hereinabove written.

FIRST SCHEDULE ABOVE REFERRED TO:
(Give detailed description of the plot and structures thereon)

SECOND SCHEDULE ABOVE REFERRED TO:

List of tenants/occupants in the building “PRIYA VILLA” existing on the plot described in the First
Schedule above referred to.
Sr. Name of the Floor Flat Carpet Monthly
No. Tenant/Occupant No. area rent
(Rs. Ps.)

(Give details of all the tenants/occupants)
SIGNED AND DELIVERED by the )
Within named ABC, the Assignor, )
Above named, in the presence of …… )
1.
2.
THE COMMON SEAL of the within named )
Assignees M/S. HAPPY HOME )
PROPERTIES PRIVATE LIMITED was )
hereunto affixed pursuant to the Resolution )
of their Board of Directors )
passed in that behalf, on the )
______ day of _________ 200__ in the )
presence of (1) _____________________, )
Managing Director and (2)____________ )
Director and in the presence of )
Witnesses:

1.

2.