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Security Deposit Agreement  ... drafted by Divya Kant Mehta

 

DEPOSIT AGREEMENT

THIS DEPOSIT AGREEMENT is made at Mumbai and executed on _____ day of July, 2001
BETWEEN

Mr. _______________ & Mrs. _______________, both Indian Inhabitants, aged about __ and __ years respectively, of Mumbai, residing at _________________________________, hereinafter called “the OWNERS” (which expression, unless it be repugnant to the context or meaning thereof, shall mean and include their respective heirs, executors, administrators and assigns) being the Party of the First Part

A N D

Mr.__________________ and Mrs. ______________, also Indian Inhabitants, aged about __ and __ years, respectively of Mumbai, residing at ___________________, hereinafter referred to as “the TENANTS” (which expression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include their heirs, executors and administrators and assigns) being the party of the Second Part;

WHEREAS :-

(A) The Owners are the Owners and as such well and sufficiently entitled to an immoveable property being a Building known as “________” consisting of __________, Parking Space and ____ upper floors, each floor containing one flat each, admeasuring about _______ sq.ft. situate on a plot of leasehold land bearing No._________________ admeasuring about _________ sq.metres or thereabout.

(B) The Tenants are the tenants in respect of Flat No._____ on the ________ floor of the said building admeasuring about ________ sq.ft. (hereinafter referred to as “the said flat”) with effect from ___________ at the monthly rent of Rs.___________/- (Rupees ____________ only) and continue to be so on orally agreed terms and conditions.

(C) The Parties hereto decided to record the terms and conditions of the said tenancy to avoid any misunderstanding and disputes in future and accordingly they recorded the said terms and conditions vide a Written Agreement of Tenancy dated _________.

(D) The Tenants had given to the Owners a sum of Rs.__________ (Rupees ________ only) towards Construction Loan and agreed with the Owners to keep the same as Security Deposit till the time the Tenants decide to vacate the said Flat No.______ and against the tenants handing over vacant and peaceful possession of the said Flat No._______ to the Owners after adjusting any dues from the Tenants as per the agreed terms and conditions of Tenancy.

(E) The Parties hereto are desirous of recording the terms and conditions of the payment of such Security Deposit paid by the Tenants to the Owners in ___________

NOW THIS INDENTURE WITNESSETH AS UNDER:-

1. The Tenants have agreed to keep an interest-free Security Deposit of Rs. ______ (Rupees _________ only) with the Owners for securing the due observance and compliance of the terms of tenancy by the Tenants in respect of Flat No.201 in the Building known as “Aashiya”.

2. The Owners have agreed to accept such interest-free Security Deposit of Rs.______ (Rupees __________ only) from the Tenants as above.

3. The Tenants have paid on ___ ____________ a sum of Rs. ________ (Rupees _______________ only) towards interest-free construction loan and the Tenants agreed to keep the said sum as and by way of an interest free security deposit with the Owners till the Tenants decide to surrender the tenancy in respect of said Flat No.____ and vacate the said Flat and against handing over vacant and peaceful possession of the said Flat to the Owners.

4. The Owners confirm and admit and acknowledge of such payment of Rs.______ (Rupees _________ only) from the Tenants on ___________, _____ and they agree to refund the said sum of Rs._____ (Rupees __________ only) to the Tenants at the time of surrendering the said tenancy and against handing over vacant and peaceful possession of the said Flat No.____ to the Owners after adjusting any dues to the Owners in respect of the said Flat No.____.

5. The Tenants agree to observe all the terms and conditions of the tenancy, which have been recorded in the Agreement of Tenancy dated _________.

6. The Owners also agree to adhere to all the terms and conditions and covenants pertaining to them under the said Agreement of Tenancy dated _________.

7. The Parties hereto agree that in case any difference of opinion among them to the interpretation of the Tenancy Agreement or this Agreement or any dispute arising in respect of this Tenancy, they will first resort to Arbitration Proceedings.

8. Any tax liability on account of payment of above Security Deposit will be dealt with by the respective parties.

IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands to this writing on the day and year withinmentioned.

SIGNED AND DELIVERED )
by the withinnamed Owners )
Mr. _________________ )
MRS. ________________ )
In the presence of )


SIGNED AND DELIVERED )
by the withinnamed Tenants )
Mr.___________________ )
MRS. ________________ )
In the presence of )

 

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Our Brokerage: Rent: Equivalent to one month's rent : Sale: Equal to 2% of the deal value. Service tax extra (10.2%) Short term let: 15% of the gross.  TDS on brokerage - 5.61% TDS on rent - 16.83%

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