SALE BY THE MANAGER OF THE ESTATE OF A LUNATIC
THIS DEED of Sale made at ………..this ………..day of………….by ……..Manager of the Estate of………..lunatic, hereinafter called the Vendor of the ONE PART and Shri ………..son of resident of………..hereinafter called the Purchaser of the OTHER PART
WHEREAS
(1) By an order of ………..Court passed on ………..in consequence of an inquisition held under the provisions of the Lunacy Act, 1912, the said Shri………..was declared as an insolvent and Shri ………..was appointed as the Manager of the Estate of the said Lunatic.
(2) The Manager after conducting the auction to sell the house belonging to the said lunatic, more particularly described in the Schedule hereunder, agreed to sell the said house to the Purchaser, subject to the permission of the Court.
(3) The funds are required for the purpose of maintenance of lunatic and to pay the debts for which he is liable.
(4) The Insolvency Court at ………..has vide its order dated……….. permitted the Manager to sell the said house of the said lunatic in favour of the purchaser.
NOW THIS DEED OF SALE WITNESSETH that in consideration of a sum of Rs . ………..out of which the Purchaser has paid Rs . ………..on………..(the receipt whereof the Vendor hereby acknowledges) and the balance Rs . ………..
received in the presence of Registrar on the execution of these presents, the Vendor as Manager of the Estate of the said ……….. (Lunatic) doth hereby grant, convey, transfer and sell unto the Purchaser that house bearing Municipal No……….. . situate on ………..in the city of and the land bearing plot No ………… Survey No . ………..situate, lying and being admeasuring………..sq. meters at village………..Tehsil ………..Sub district ………..and District ………..more particularly described in the Schedule hereto and delineated on the map hereto annexed together with all buildings, structures, taxes, rights, easements, liberties, and appurtenances whatsoever belonging to or enjoyed therewith or appurtenant thereto or reputed so to be and all the rights, title and interest of the said into or upon the said house.
TO HAVE AND TO HOLD the same absolutely for ever as full owner thereof free from all encumbrances and charges and to enjoy the same for ever himself or by his heirs, legal representatives, executors and assigns without any obstruction, objection or eviction by the Vendor, or the said ………..Lunatic or by any person or persons having or rightfully claiming any right or interest therein through or under them or either of them or through or under any of the predecessors‑in‑title of the said ……….. (Lunatic).
AND THE said Vendor in the name and on behalf of the said Shri ………..Lunatic does hereby covenant that the said Shri ………..Lunatic has good right and power to grant,
convey, transfer and sell the said house hereby sold unto the said Purchaser in the manner aforesaid and but that the Vendor shall not be personally responsible for any defect in title of Shri ………..Lunatic.
AND THE said Vendor further covenants in the name and on behalf of the said Shri ………..Lunatic that the Vendor and the said Lunatic if and when he becomes capable of managing his affairs and his successors and assigns and all persons claiming as aforesaid shall and will from time to time and at all times hereafter do and execute all such things, acts and deeds for further and more effectively assuring, conveying and transferring the said house unto the said Purchaser in the manner at his request and cost, as shall or may be reasonably required.
IN WITNESS WHEREOF the said Vendor and the Purchaser have subscribed their hands the day and year first above mentioned
The Schedule above referred to
WITNESSES Signed and delivered by Shri …………………………..
1 . the within named Vendor
2. Signed and delivered by Shri ………………………… the within named Purchaser
Received the day and year first hereinabove written of and from the within named Purchaser a sum of Rs . ……….. (Rupees ………..only) being the full consideration money as within mentioned payable by him to me. Rs . …………………………..
I say received
Vendor