I (c) TRANSFER BY MORTGAGE TO A PANCHAYAT BY A PRIVATE PERSON THIS INDENTURE made the ________day of ________ year of ________ between ________ son of ________ residing at (hereinafter called the “the Mortgagor” which expression shall where the context so admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the ONE PART AND the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Mortgagee” which expression shall where the context so admits include its Successors and assigns) of the OTHER PA RT;
WHEREAS, the Mortgagor is well and truly entitled to and possessed of the piece or parcel of land and premises described in the schedule hereunder;
AND WHEREAS, the Mortgagee has agreed to lend the Mortgagor the sum of Rs. ________ on having the repayment thereof in the manner hereinafter appearing;
N O W, THIS INDENTURE WITHNESSETH that in consideration of the sum of Rs. on for before the execution of these presents paid to the Mortgagor by the Mortgagee (the receipt whereof the Mortgagor doth hereby acknowledge) he, the Mortgagor doth hereby give, grant and assign unto the Mortgagee an usufructuary mortgage of ALL THAT piece or parcel of land situate in ________ and more particularly described in the schedule hereunder written and which together with the message or tenement erected therein is commonly called or known as ________ TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water courses, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land message and premises or any of them in anywise appertaining or heretofore or hereafter to be occupied or enjoyed therewith AND all the estate right, title, interest, property, claim and demand whatsoever of the Mortgagor into and upon the same premises TO HAVE AND TO HOLD the said piece or parcel of land message and premises hereby granted, conveyed and assigned or expressed so to be unto the Mortgagee forever subject to the proviso for redemption hereinafter contained. The Mortgagor hereby declares that he has put the Mortgagee, in possession of the mortgaged property and that the Mortgagee shall continue in such possession of the property until the said sum of Rs. ________ is repaid to the Mortgagee and that the Mortgagee shall appropriate the rents and profits accruing from the property in lieu of the interest due in respect of the mortgagee that he, the Mortgagor will as long as any money shall remain due on the security of these presents keep all the messages and buildings now existing or hereafter to be erected on the said premises hereinbefore expressed to be hereby granted, conveyed and assigned in good and substantial repair and insured against loss or damage by fire in the sum of Rs.
________ at the least in some office or offices approved by and in the name of the Mortgagee and will duly and punctually pay all premiums and sums of money necessary for such purpose and for keeping such insurance on foot and also all quit rent assessment rates, taxes and other outgoings for the time being payable in respect of or charged upon the said premises or any of them and bill forthwith deliver to the Mortgagee the policy or policies of insurance and the receipt for every sum payable as aforesaid and that if default be made in keeping the said buildings so repaired or in effecting or keeping on foot such insurance or in payment of any such quit-rent, assessment rates, taxes and other outgoings as aforesaid or in so delivering any policy or policies or receipts as aforesaid it shall be lawful for but not incumbent upon the Mortgagee to put the said premises in proper and substantial repair or (as the case may be) to insure and keep insured the said buildings in any sum not exceeding the amount aforesaid and to pay the premiums and all expenses incurred in so doing or (as the case may be) any such quit-rent, assessment, rates, taxes of other outgoings as aforesaid AND further that the Mortgagor will forthwith repay to the Mortgagee all such premiums expenses and other moneys with interest thereon at the rate of __ per cent per annum from the time of each payment and that until repayment the premises hereby mortgaged shall stand charged with the amount to be repaid and interest thereon at the rate aforesaid and that all moneys received in respect of any insurance shall at the option of the Mortgagee be
21. PANCHAYAT ASSETS 595 applied either in reinstating or restoring the buildings insured or in or towards payment of moneys for the time being on the security on these presents AND the Mortgagor doth hereby covenant with the Mortgagee that he, the Mortgagor now hath power to give and grant this usufructuary mortgage unto the Mortgagee AND it is hereby expressly agreed and declared that on payment at any time by the Mortgagor to the Mortgage of the said amount of Rs. ________ and all other moneys, if any, due under these presents the Mortgage shall at the request and cost of the Motgagor recover and reassign unto the Mortgagor or as he may direct all and singular the plot or piece of land and premises hereby expressed to be granted, conveyed or assigned.
The Schedule above referred to ALL THAT piece or parcel of land and premises situated in the Village / Town of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by ________, on the south by ________ on the east by ________ , and the west by ________,bearing Re-survey No. ________, and Old Survey No. ________ and containing on the whole by admeasurements ________ (be the same more or less).
Signed, sealed and delivered by the above named in the presence of ;
IN WITNESS WHEREOF MORTGAGOR hath hereunto set his hand and seal the day and year first above written.
21. PANCHAYAT ASSETS 596 FORM – I (d) TRANSFER OF GIFT TO A PANCHAYAT BY A PRIVATE PERSON THIS INDENTURE made the ________day of ________ two thousand and seven BETWEEN ________ son of ________ residing at ________ (hereinafter called the “Donor” which expression shall where the context admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) the ONE PART AND the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Donee” which expression shall where these context admits include its Successors and Assigns) of the OTHER PA RT;
WHEREAS, the Donor is well and sufficiently entitled free from encumbrances to the piece of land and premises hereinafter described and intended to be hereby granted, conveyed and assigned:
AND WHEREAS, the Donor has agreed to transfer the said piece or parcel of land and premises to the Donee as a gift subject to the payment by the Donee of all existing and future taxes, charges, assessments and ground rent in respect of the same and the Donee has agreed to accept the same subject to such conditions:
AND WHEREAS, the said piece or parcel of land and premises is of the value of Rs. ________ for the purpose of stamp duty:
N O W, THIS INDENTURE WITNESSETH that the Donor doth hereby give, grant, convey and assign unto the Donee who hereby accepts the same ALL THAT piece or parcel of land bearing Survey No. ________ situated in the Village of ________ in the registration sub – district of ________ in the registration district of ________ and more particularly described in the Schedule hereunder written TOGETHER with all buildings, trees, commons, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land, buildings and premises or any of them in anywise appertaining or heretofore occupied or enjoyed therewith AND all the estate right, title, interest, property, claim and demand whatsoever of the Donor into and upon the same premises TO HAVE TO HOLD the said piece or parcel of land and premises hereby granted, conveyed and assigned unto the Donee forever AND the Donor doth hereby covenant with the Donee that the Donor now hath good right to grant, convey and assign the premises hereby granted, conveyed and assigned unto the Donee in the manner aforesaid AND that the Donee shall and may at all times hereafter peaceably and quietly possess and enjoy the said premises free from all encumbrances whatsoever without any lawful eviction, interruption, claim or demand whatsoever from or by the Donor or any person claiming under or in trust for him AND further that the Donor and all persons having or lawfully or equitably claiming any estate or interest in the said premises or any part thereof from under or in trust for the Donor or from or under any of his ancestors shall and will from time to time and at all times hereafter at the request and cost of the Donee do execute and register or cause to be executed and registered all such acts, deeds register or cause to be executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring, the said premises and every part thereof unto the Donee in the manner aforesaid or as shall or may be reasonably required.
The Schedule above referred to ALL THAT piece or parcel of land premises situated in the Village of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by ________, on the south by ________ on the east by ________ , and the west by ________,bearing Re-survey No. ________, and Old Survey No. ________ and containing on the whole by admeasurement ________ (be the same more or less).
Signed, sealed and delivered by the above named in the presence of.......
Signed by the Executive Authority / Commissioner / Secretary of ________ Village Panchayat / Panchayat Union Council / District Panchayat in the presence of ________
21. PANCHAYAT ASSETS 597 The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of ________ IN WITNESS whereof the Donor hath hereunto set his hand and seal and the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ the Donee was hereunto affixed the day and year first above written.
SCHEDULE – II FORM II - (a) [see Rule 3(2) and 5(2)] TRANSFER BY SALE TO BY A PANCHAYAT TO A PRIVATE PERSON THIS INDENTURE made the ________ day of ________ year of ________, between the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Vendor” which expression shall where the context admits include its Successors and Assigns) of the ONE
PART and ________, son of ________, residing at ________ (hereinafter called which expression shall where the context admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the OTHER PA RT:
W H E R E AS, the Vendor is possessed of and entitled to the piece or parcel of land and premises described in the schedule hereto and has agreed with the Purchaser for sale to him of the same subject to the quit – rent (if any) payable in respect of the same but otherwise free from encumbrances, for the sum of Rs. ________;
AND WHEREAS, the Collector of ________ district by an order no. ________ dated the ________ has sanctioned the sale of the property hereinafter contained;
AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ sanctioned the sale of the property hereinafter contained;
AND WHEREAS, due notice of the sale of the property hereinafter contained has been given in accordance with the provisions of the Rules relating thereto;
N O W, THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. _______ paid to the Vendor by the Purchaser on or before the execution of these presents (the receipt whereof the Vendor doth hereby acknowledge) the Vendor as beneficial owner and in pursuance of every statutory and other authority hereunto enabling it doth hereby grant, convey and assign unto the Purchaser ALL THAT piece or parcel of land situated in and more particularly described in the Schedule hereunder written and which together with the message or tenement erected theron is commonly called or known as ________ TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water coursed, liberties, privileges, easements, advantages, and appurtenances whatsoever to the said piece or parcel of land message and premises or any of them in anywise appertaining or heretofore occupied or enjoyed therewith AND all the estate right, title interest, property claim and demand whatsoever of the Vendor into and upon the same premises TO HAVE AND TO HOLD the said piece or parcel of land message and premises hereby granted, conveyed and assigned and to the Purchaser forever AND the Vendor doth hereby covenant with the Purchaser that the Vendor now hath good right to grant, convey and assign the premises hereby granted, conveyed and assigned unto the Purchaser in manner aforesaid AND that the Purchaser shall and may at all times hereafter peaceably and quietly posses and enjoy the said premises free from all encumbrances whatsoever and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the Vendor or any other person or persons AND further that the Vendor and all persons having or lawfully or equitably claiming any estate or interest in the said premises or any of them or any part therof from under or in trust for the Vendor shall and will from time to time and at all times hereafter at the request and cost of the Purchaser do
21. PANCHAYAT ASSETS 598 execute and register or cause to be executed and registered and all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the Purchaser in the manner aforesaid as shall or may be reasonably required AND the Purchaser doth hereby covenant with the Vendor that he the Purchaser as aforesaid will at all times hereafter pay all assessments and taxes that may be reasonably required AND the Purchaser doth hereby upon the said premises hereby conveyed by the Government of Tamil Nadu under any Rules that are now or may hereafter be in force for the levy of assessments and taxes on lands and premises of a like nature.
The Schedule above referred to ALL THAT piece or parcel of land situated in the village / town of ________ in the registration sub-district of ________ in the registration district of ________ bearing Re-survey No. ________ and Old Survey No. ________ bounded on the north by ________, on the south by ________ on the east by ________ , and on the west by ________, and containing by admeasurement ________ or thereabouts.
Signed by the Executive Authority / Commissioner / Secretary of ________ Village Panchayat / Panchayat Union Council / District Panchayat in the presence of :
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of:
Signed, sealed and delivered by the above named in the presence of;
IN WITNESS WHEREOF the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ was hereunto affixed and the ________ has hereunto affixed his hand and seal the day and year first above written.
FORM II - (b) TRANSFER BY EXCHANGE BY A VILLAGE PANCHAYAT / PANCHAYAT UNION COUNCIL / DISTRICT PANCHAYAT TO A PRIVATE PERSON THIS INDENTURE made the ________ day of ________ year of ________, between the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Panchayats” which expression shall where the context admits include its Successors and Assigns) of the ONE PART and ________, son of ________, residing at ________ (hereinafter called “the Party” which expression shall where the context admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the OTHER PA RT:
WHEREAS, the Panchayat is well and truly entitled to and possessed of the piece or parcel of land more particularly described in the First schedule hereunder together with the buildings theron free from encumbrances and the Party is also well and truly entitled to and possessed of the piece or parcel of land more particularly described in the Second Schedule hereunder together with the building thereon free from encumbrances.
AND WHEREAS, the Panchayat and the Party hereto have agreed to effect such exchange as is hereinafter contained of the said pieces or parcels of land more particularly described in the First and Second Schedules hereunder respectively:
AND WHEREAS, the Collector of ________ district by an order no. ________ dated the ________ has sanctioned the exchange of the properties in the manner hereinafter contained;
AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ sanctioned the exchange of the properties in the manner hereinafter contained;
AND WHEREAS, due notice of the exchange in the manner hereinafter contained has been given in accordance with the provisions of the Rules relating thereto;
N O W, THIS INDENTURE WITNESSETH that in consideration of the conveyance by the Party hereinafter contained the Panchayat in pursuance of every statutory and other authority hereunto
21. PANCHAYAT ASSETS 599 enabling it doth hereby grant, convey and assign unto the party all the piece or parcel of land of the value of Rs. ________ or thereabouts situated in ________ and more particularly described in the First Schedule hereunder written and coloured on the map or plan marked ‘A’ hereunto annexed TOGETHER with all buildings, trees, commons, hedges, ditches, fences, ways, waters, watercourses, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land and premises or any of them in anywise appertaining or heretofore occupied or enjoyed therewith AND all the estate, right, title, interest, property claim and demand whatsoever of the Panchayat into upon the same premises TO HAVE AND TO HOLD the said piece or parcel of land and premises herby granted and assigned or expressed so to be unto the Party forever and the Party doth hereby covenant with the Panchayat that he, the Party, will at all times hereafter pay the assessment or ground rent of ________ or such other amount as the Collector of ________ may, from time to time, determine and any other ground-rent assessment and taxes that are or may from time to time be levied upon the said piece or parcel of land or premises by the Central Government or the Government of Tamil Nadu or by any Local or other Authority AND THIS INDENTURE FURTHER WITNESSETH that in consideration of the conveyance by the Panchayat hereinbefore contained the Party doth hereby grant, convey and assign unto the Panchayat all that piece or parcel of land of the value of ________ rupees or thereabouts situated in ________ and being more particularly described in the Second Schedule hereunder written and coloured on the map or plan marked ‘B’ hereto annexed TOGETHER with all buildings, trees, commons, hedges, ditches, fences, ways, waters, water courses, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land and premises or any of them in anywise appertaining or heretoforce occupied or enjoyed therewith AND all the estate, right, title, interest, property – claim and demand whatsoever of the party into and upon such last mentioned premises TO HAVE AND TO HOLD the said piece or parcel of land and premises lastly hereinbefore expressed to be hereby granted, conveyed and assigned unto the Panchayat forever and the Panchayat doth hereby covenant with the Party that the Panchayat will at all times, hereafter pay the assessments and taxes that are or may, from time to time, be levied upon the said piece or parcel of land or premises by the Central Government or the Government of Tamil Nadu or by any Local or other Authority AND THE PA RTIES HERETO MUTUALLY COVENANT AND AGREE WITH EACH OTHER OF THEM that notwithstanding any act, deed or thing done or executed or knowingly suffered to the contrary they now have good right to grant, convey and assign, respectively, the said premises expressed to be hereby granted, conveyed and assigned in manner aforesaid and that either Party shall and may at all times hereafter peacefully and quietly possess and enjoy such last – mentioned premises and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the other Party or any person or persons lawfully or equitably claiming from under or in trust for the said Party and that free from all encumbrances whatsoever made or suffered by either Party or any person or persons lawfully or equitably claiming as aforesaid AND FURTHER, that the Parties and all persons having or lawfully or equitably claiming any estate or interest in the said premises or any part thereof from under or in trust for any of the Parties shall and will, from time to time, and at all times hereafter at the request and cost of the other Party do execute and register or cause to be executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring such last–mentioned premises and every part thereof unto the other Party in manner aforesaid as shall or may be reasonably required.
The Schedule above referred to All that piece or parcel of land premises coloured ________ in the plan marked ‘A’ attached hereto and situate in the village of ________ in the registration sub-district of ________ in the registration district of ________ bearing Re-survey No. ________ and Old Survey No. ________ bounded on the north by Re-survey No. ________, on the east by Re-survey No. ________ on the south by ________ , and on the west by ________, and containing by admeasurement ________ or thereabouts.
The common seal of the Panchayat of ________ was hereunto affixed in the presence of:
Signed by the Executive Authority / Commissioner / Secretary of ________ Village Panchayat
21. PANCHAYAT ASSETS 600 / Panchayat Union Council / District Panchayat in the presence of :
Signed, sealed and delivered by the above named in the presence of;
IN WITNESS WHEREOF, the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed and the hath hereunto affixed and hath hereunto set his hand and seal the day and year first above written.
The Second Schedule above referred to All that piece or parcel of land and premises coloured ________ in the plan marked ‘B’ attached hereto and situate in the Village of ________ in the registration sub district of ________ in the registration district of ________ and bounded on the north by ________ on the south by ________ on the east by ________ on the west by ________, bearing survey No. ________ and containing on the whole by admeasurements ________ or thereabouts.
Signed by the Executive Authority / Commissioner / Secretary of the ________ Village Panchayat / Panchayat Union Council / District Panchayat of ________ in the presence of ________ Signed, sealed and delivered by the above named in the presence of:
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of :
IN WITNESS whereof the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ the Donor was hereunto affixed and the Donee hath hereunto set his hand and seal the day and year first above written.
FORM II - (c) TRANSFER BY MORTGAGE BY A VILLAGE PANCHAYAT / PANCHAYAT UNION COUNCIL / DISTRICT PANCHAYAT TO A PRIVATE PERSON THIS INDENTURE made the ________ day of ________ year of ________, between the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Mortgagor” which expression shall where the context admits include its Successors and Assigns) of the ONE PART AND ________, son of ________, residing at ________ (hereinafter called “the Mortgagee” which expression shall where the context so admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the OTHER PA RT:
WHEREAS, the Mortgagor is well and truly entitled to and possessed of the piece or parcel of land and more premises described in the Second schedule hereunder:
AND WHEREAS, the Mortgagee has agreed to lend the Mortgagor the sum of Rs. ________ on having the repayment thereof with interest at the rate hereinafter mentioned secured in manner hereinafter appearing:
AND WHEREAS, the Collector of ________ district by an order no. ________ dated the ________ has sanctioned the mortgage of the properties in the manner hereinafter contained;
AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ has sanctioned the mortgage of the properties in the manner hereinafter contained;
AND WHEREAS, due notice of the sale of the mortgage in manner hereinafter contained has been given in accordance with the provisions of the Rules relating thereto;
N O W, THIS INDENTURE WITNESSETH that in consideration of the sum of Rs. ________ on or before the execution of these presents paid to the Mortgagor by the Mortgagee (the receipt whereof the Mortgagor doth hereby acknowledge) the Mortgagor doth hereby covenant with the mortgage that the Mortgagor will on demand pay to the Mortgagee the sum of Rs. ________ with interest thereon at the rate of Rs. ________ per cent per annum;
21. PANCHAYAT ASSETS 601 AND THIS INDENTURE ALSO WITNESSETH that for the same consideration the Mortgagor doth hereby give and grant unto the Mortgagee a simple mortgagee ALL THAT piece or parcel of land situated in ________ and more particularly described in the Schedule hereunder written and which together with the message or tenements erected thereon is commonly called or known as _________ TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water courses, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land message and premises or any of them in anywise appertaining heretofore or hereafter to be occupied or enjoyed therewith AND all the estate, right, title, interest, property – claim and demand whatsoever of the Mortgagor into and upon the same premises AND the Mortgagor doth hereby covenant with the Mortgagee that the Mortgagor will so long as any money shall remain due on the security of these presents keep all the messages and buildings now existing or hereafter to be erected on the said premises hereinbefore expressed to be hereby granted, conveyed and assigned in good and substantial repair and insured against loss or damage by fire in the sum of Rs. ________ at the least in some office or offices approved by and in the name or names of the Mortgagee and will duly and punctually pay all premiums and sums of money necessary for such purpose and for keeping such insurance on foot and also all quit-rent assessment rates taxes and other out-goings for the time being payable in respect of or charged upon the said premises or any of them and forthwith deliver to the Mortgagee the policy or policies of insurance and the receipt for every sum payable as aforesaid or in so delivering any policy or policies or receipt as aforesaid it shall be lawful for but not incumbent upon the Mortgagee to enter into and upon the said premises and put the same into proper and substantial repair or (as the case may be) to insure and keep insured the said buildings in any sum not exceeding the amount aforesaid and to pay the premium and all expenses incurred in so doing or (as the case may be) any such quit-rent assessment rates taxes or other out-goings as aforesaid AND further that the Mortgagor will forthwith repay to the Mortgagee all such premiums, expenses and other moneys with interest thereon at the rate aforesaid from the time of each payment and that until repayment thereby mortgaged premises shall stand charged with the amount to be repaid and interest thereon at the rate aforesaid and that all moneys received in respect of any insurance shall at the option of the Mortgagee be applied either in reinstating or restoring the buildings insured or in or towards payment of the moneys for the time being owing on the security of these presents and the Mortgagor doth hereby covenant with the Mortgagee that the Mortgagor now hath power to give and grant a simple mortgage unto the Mortgagee AND it is hereby expressly agreed and declared that should the properties described in the Schedule hereunder prove insufficient when sold to satisfy the amount due under this mortgage the Mortgagor will be personally liable for the amount for the time being due and owing under this mortgagee.
The Schedule above referred to ALL THAT piece or parcel of land premises situated in the village of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by.
________, on the south by ________ on the east by ________ , and on the west by ________, bearing Re–survey No. ________, and Old Survey No. ________, and containing on the whole by admeasurement ________ (be the same more or less.)
Signed by the Executive Authority / Commissioner / Secretary ________ of the Village Panchayat / Panchayat Union Council / District Panchayat in the presence of :
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat ________ was hereunto affixed in the presence of ________ IN WITNESS WHEREOF the common seal of the Mortgagor hath hereunto been affixed the day and year first above written.
21. PANCHAYAT ASSETS 602 FORM II - (d) TRANSFER BY GIFT BY A VILLAGE PANCHAYAT / PANCHAYAT UNION COUNCIL / DISTRICT PANCHAYAT TO A PRIVATE PERSON THIS INDENTURE made the ________ day of ________ year of ________, BETWEEN the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Donor” which expression shall where the context so admits include its Successors and Assigns) of the ONE PART and ________, son of ________, residing at ________ (hereinafter called “the Donee” which expression shall where the context so admits include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the OTHER PA RT:
WHEREAS, the Donor is well and sufficiently entitled free from encumbrances to the piece of land and premises hereinafter described and intended to be hereby granted conveyed and assigned;
AND WHEREAS, the Donor has agreed to transfer the said piece of land and premises to the Donee as a gift to be used for the purposes of ________ subject to the payment by the Donee of all existing and future taxes, charges, assessments and ground-rent in respect of the same and the Donee has agreed to accept the said piece of land and premises subject to the said conditions:
AND WHEREAS, the said piece of land and premises is of the value of Rs. ________ for the purpose of stamp duty:
AND WHEREAS, the Collector of ________ district by an order no. ________ dated the ________ has sanctioned the gift of the property hereinafter contained;
AND WHEREAS, due notice of the gift in manner hereinafter contained has been given in accordance with the provisions of the Rules relating thereto;
AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ have sanctioned the mortgage of the properties in the manner hereinafter contained;
N O W, THIS INDENTURE WITNESSETH that the Donor doth hereby give, grant, convey and assign unto the Donee who hereby accepts the same ALL THAT piece or parcel of land bearing survey No. ________ in the registration, sub district of ________ in the registration district of ________ and more particularly described in the Schedule hereunder written TOGETHER with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land, buildings and premises or any of them in anywise appertaining heretofore occupied or enjoyed therewith AND all the estate, right, title, interest, property – claim and demand whatsoever of the Donor into and upon the same premises TO HAVE AND TO HOLD the said piece or parcel of land and premises hereby given, granted, conveyed and assigned unto the Donee forever AND the Donor doth hereby covenant with the Donee that the Donor now hath good right to grant, convey and assign the premises hereby granted, conveyed and assigned unto the Donee in the manner aforesaid AND that the Donee shall and may at all times hereafter peaceably and quietly posses and enjoy the said premises free from all encumbrances whatsoever from or by the Donor AND further that the Donor and all persons having or lawfully or equitably claiming any estate or interest in the said premises or any part thereof from under or in trust for the Donor shall and will, from time to time, and at all times hereafter at the request and cost of the Donee do execute and register or cause to be executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the Donee in manner aforesaid or as shall or may be reasonably required and the Donee doth hereby covenant with the Donor that he will at all times hereafter bear, pay and discharge all existing and future taxes or charges, assessments payable in respect of the aforesaid land and premises inclusive of the ground rent or assessment of Rs. ________ or any other sum that may, from time to time, be levied as such upon the piece or parcel of land by the Collector of the district on behalf of the Central Government or the Government of Tamil Nadu.
21. PANCHAYAT ASSETS 603 The Schedule above referred to ALL that piece or parcel of land and premises situated in the village of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by ________, on the south by ________ on the east by ________ , and on the west by ________, bearing Survey No. ________, and containing on the whole ________, by admeasurement ________ or thereabouts.
Signed by the Executive Authority / Commissioner / Secretary ________ of the Village Panchayat / Panchayat Union Council / District Panchayat of in the presence of __________ Signed, sealed and delivered by the above named in the presence of :
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of:
IN WITNESS whereof the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ______ the Donor was hereunto affixed and the Donee hath hereunto set his hand and seal the day and year first above written.
SCHEDULE – III FORM III - (a) [see Rule 6(2) and 7(2)] TRANSFER BY LEASE OF OWN LANDS TO PRIVATE PERSONS BY VILLAGE PANCHAYAT / PANCHAYAT UNION COUNCIL / DISTRICT PANCHAYAT THIS INDENTURE made the ________ day of ________, between the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Lessor” which expression where the context admits shall include its Successors and Assigns) of the ONE PART AND ________, son of ________, residing at ________ and carrying on business as ________, (hereinafter called “the Lessee” which expressions where the context admits shall include his Heirs, Executors, Administrators, Legal Representatives and Assigns) of the OTHER PA RT:
WHEREAS, the Lessee has applied to the Lessor for a lease of the property more particularly described in the First Schedule hereunder for the period and the rate of rent and subject to the terms and conditions hereinafter contained:
AND WHEREAS, the Lessor has agreed to grant a lease of the said property in a manner hereinafter contained;
AND WHEREAS, the Collector of ________ district by an order no. ________ dated ________ has sanctioned the lease of the property on and subject to the special conditions contained in the Second Schedule hereunder;
AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ sanctioned the transfer by lease of the properties in the manner hereinafter contained;
AND WHEREAS, due notice of the lease of the property has been given in accordance with the provisions of the Rules relating thereto;
N O W, THIS INDENTURE WITNESSETH
1. That in consideration of the rent hereby reserved and of the covenant by the Lessee herein contained the Lessor demises unto the lessee ALL that piece or parcel of land together with the building and premises known as ________ situate in the registration sub-district of ________ in the registration district of ________ bearing Survey No ________ for the term of ________ years from the ________ PAYING thereof in advance the monthly rent of Rs. ________ clear of all deductions the first of such payments to be made on the ________.
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2. The lease covenants with the Lessor as follows
(1) To pay the reserved rent on or before the first day of each month in advance and in manner aforesaid.
(2) To bear, pay and discharge all existing and future charges, assessments and out-goings payable in respect of the said premises inclusive of the ground – rent of Rs. ________ or any other sum that may, from time to time, be levied as such upon the piece or parcel of land by the Collector of the ________ district on behalf of the Central Government or the Government of Tamil Nadu.
(3) To keep the exterior and the interior of the demised premises and all additions thereto and the boundary walls and fences thereof and the rains soil and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof in good and tenantable repair and condition.
(4) Not to make or permit to be made under any circumstances any alterations in or additions to the demised buildings without the previous consent in writing of the Lessor or its duly authorised officers PROVIDED ALW AYS that if the Lessee is permitted to make any alterations by the Lessor or its duly authorised officers the Lessee shall not be entitled to any compensation therefor.
(5) To permit Lessor and its authorised officers, agents with or without workmen or others at all reasonable times on giving one day’s previous notice to enter upon the demised premises and to view the condition therof and upon notice being given by the Lessor or his authorised officers to repair within one month from the service of the notice in accordance therewith.
(6) To observe and fulfil the terms and conditions prescribed by the Inspector and contained in the Second Schedule hereunder.
(7) Not to assign, underlet or part with the possession of the demised premises or any part thereof without first obtaining the written consent of the Lessor or its Authorised Officers.
(8) To yield up the demised premises with all fixtures and additions thereto at the determination of the tenancy in good tenantable repair and condition in accordance with the covenants herein contained.
3. The Lessor covenants with the Lessee as follows
(1) The Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulation herein on his part contained shall peaceably hold, enjoy the demised premises during the said term without any interruption by the Lessor or any person right fully claiming under or in trust for him.
(2) To carry out all repairs to main walls, roof and foundations due to fair reasonable wear and tear, the decision of the Executive Engineer for the time being of _______ division as to the necessity for such repairs being final.
4. PROVIDED ALW AYS and it is hereby expressly agreed by and between the parties hereto as follows:
(1) If the rent hereby reserved or any part thereof shall be unpaid for fourteen days after becoming payable (whether formally demanded or not) or if any covenant on the Lessees part herein contained shall not be performed or observed or if the Lessee or other person in whom for the time being the term hereby created shall be vested shall become insolvent then and in any of the said cases it shall be lawful for the Lessor or its authorised officers at any time thereafter to re-enter upon the demised premises or any part thereof in the name of whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of the breach of any of the Lessees’ covenants herein contained.
(2) If at any time it appears to the Collector or the Lessor (whose decision shall be final) that it is necessary in the public interest to determine the lease, it shall be lawful for the said Collector or the lessor forthwith to cancel this lease by notice in writing addressed to the Lessee
21. PANCHAYAT ASSETS 605 at his last known place of residence and thereupon this demise shall absolutely determine and the Lessee shall not be entitled to any compensation whatsoever in respect of such determination except a proportionate abatement of any rent that may have been paid by the Lessee in advance.
The First Schedule above referred to ALL THAT piece or parcel of land and premises situated in the village / town of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by ________, on the south by ________ on the west by ________, and the east by ________, bearing survey No. ________ and Door No. ________ and containing on the whole by admeasurement ________ be the same more or less.
The Second Schedule above referred to Conditions imposed by the Collector of the ________ district ________ signed by the Executive Authority / Commissioner / Secretary of ________ Panchayat / Panchayat Union Council / District Panchayat in the presence of:
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ was hereunto ________ affixed in the presence of:
Signed, sealed and delivered by the above named in the presence of:
IN WITNESS whereof the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of ________ the Lessor was hereunto affixed and the issue hath hereunto affixed and the issue hath hereunto set his hand and seal the day and year first above written.
FORM III - (b) [See Rule 8(2)] TRANSFER BY LEASE OF VESTED LANDS TO THE PRIVATE PERSON BY THE VILLAGE PANCHAYAT / PANCHAYAT UNION COUNCIL / DISTRICT PANCHAYAT THIS INDENTURE made the ________ day of ________ BETWEEN the Village Panchayat / Panchayat Union Council / District Panchayat of ________ constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter called “the Lessor” which expression where the context admits shall include its Successors and assigns) of the ONE PART and ________, son of ________ (hereinafter called “the Lessee” which expression where context admits shall include his Heirs, Executors, Administrators, Legal Representatives and Permitted Assigns) of the O THER PA RT:
WHEREAS, the Lessee has applied to the Lessor for a lease of the property more particularly described, in the First Schedule hereunder for the period and at the rate of rent and subject to the terms and conditions hereinafter contained:
AND WHEREAS, the Lessor has agreed a lease to grant a lease of the said property in manner hereinafter contained;
*AND WHEREAS, the Collector of ________ district by an order no. ________ dated ________ has sanctioned the lease of the property on and subject to the special conditions contained in the Second Schedule hereunder (*retain if necessary) AND WHEREAS, the Government of Tamil Nadu have also by an order no. ________ dated the ________ sanctioned the transfer by lease of the property in the manner hereinafter contained;
AND WHEREAS, due notice of the lease of the property has been given in accordance with the provisions of the Rules relating thereto;
N O W, THIS INDENTURE WITNESSETH as follows: -
1. In consideration of the rent hereby reserved and of the covenants by the Lessee herein contained the Lessor demises unto the Lessee all that piece of land forming part of the road – side / street margin and more particularly described in the Schedule attached hereto for a term of
21. PANCHAYAT ASSETS 606 ________ years from the ________ paying therefor in advance the rent of Rs. ________ for each year clear of all deduction the first of such payments to be made on the day of ________
2. The Lessee covenants with the Lessor as follows
(a) To pay the reserved rent on or before the first day of each year in advance and in manner aforesaid.
(b) To bear, pay and discharge all existing and future taxes, charges, assessments and outgoing payable in respect of the demised land (inclusive of the ground–rent of Rs. ________ or any other sum that may, from time to time, be levied as such upon the piece or parcel of land by the Collector of the ________ district on behalf of the Central Government or the Government of Tamil Nadu).
(c) To keep the demised land in good condition.
(d) Not to make or permit to be made under any circumstances any alterations in or additions to the demised land without the previous consent in writing of the Lessor or its duly authorised officers provided always that if the Lessee is permitted to make any alterations by the Lessor or its duly authorised officers the Lessee shall not be entitled to any compensation therefor.
(e) To permit Lessor and its authorised officers or Agents with or without workmen at all reasonable times on giving one day’s previous notice to enter upon the demised land and to view the condition thereof.
(f) To use the demised land only for the purposes for which it is leased.
(g) Not to assign on under-let or part with the possession of the demised land or any part thereof without first obtaining the written consent of the Lessor or its authorised officers.
(h) To yield up the demised land in good condition in accordance with the covenants herein contained.
3. The Lessor convenants with the Lessee that the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised land during said time without any interruption by the Lessor or any person rightly claiming under or in trust for the Lessor.
4. The lease is liable to be terminated at any time within the period of the lease without payment of any compensation to the Lessee, if, in the opinion of the Lessor or of the District Collector, it is necessary in the public interest to remove any structure erected on the demised laid.
5. If the rent hereby reserved or any part thereof is not paid, whether formally demanded or not, in accordance with the stipulation herein contained or if any covenant on the Lessee part herein contained shall not be performed or observed or if the Lessee or other persons in whom for the time being the term hereby erected shall be vested shall become insolvent, then and in any of the said cases, it shall be lawful for the Lessor or its authorised officers at any time thereafter to re-enter upon the demised land or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of the breach of any of the Lesses covenants herein contained.
6. If either party shall desire to determine the present demise and shall give to the other party these calendar months previous notice in writing of such desire then immediately on the expiration of the three calendar months the present demise and everything, herein contained shall cease and be void but without prejudice of the remedies of either party against the other in respect of any antecedent claim or breach of covenant.
7. On the expiry of the period for which the lease is granted unless the lease is renewed by the Lessor or when the lease is terminated under clause 4, the Lessee is bound or remove all the structures existing on the demised land. If the Lessee fails to remove the structure within three months from the date on which the lease expired or within three months from the date of the
21. PANCHAYAT ASSETS 607 receipt of a notice under clause 4 whichever is earlier the Lessor shall be at liberty to cause the same to be removed without notice to the Lessee and the Lessee hereby makes himself liable for the cost of such removal and the Lessee shall not claim any compensation for the structure so removed or for any damage or loss caused by such removals.
The First Schedule above referred to ALL THAT piece or parcel of land premises situated in the village of ________ in the registration sub-district of ________ in the registration district of ________ and bounded on the north by.
________, on the south by ________ on the west by ________ , and on the east by ________, bearing survey No. ________ Door No. ________ and containing on the whole by admeasurement be the same more or less.
The Second Schedule above referred to Conditions imposed by the Collector of _______ District.
Signed by the Executive Authority / Commissioner / Secretary of ________ Village Panchayat / Panchayat Union Council / District Panchayat in the presence of :
The common seal of the Village Panchayat / Panchayat Union Council / District Panchayat was hereunto affixed in the presence of ________ Signed, sealed and delivered by the above named in the presence of;
IN WITNESS WHEREOF the common seal of the Village Panchayat / Panchayat Union Council / District Panchayat of the Lessor was hereunto affixed and the Lessee hereunto set his hand and seal the day and year first above written.
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