Residential Lease Deed With Option To Purchase and Lock-In Period
Residential Lease Deed With Option To Purchase and Lock-In Period
THIS LEASE DEED (hereinafter referred to as “Deed”) is made and executed at Greater
Kailash, New Delhi on the 22nd Day of January 2022
BETWEEN
AND
Sahil Khan, S/O - Manjul Ahmed Khan, by Profession Doctor, by Religion Muslim, residing
at Apartment Number C2, Manali Apartment, North Jagtala, Patna - 800008, having
Permanent Account Number CKDPR5876E and Aadhaar Number 4562 0209
5608(hereinafter referred to as the “Lessee” which expression shall mean and include its
legal heirs, successors, administrators and permitted assigns) of the SECOND PART
WHEREAS:
A. The Lessor is the owner and in physical possession of the property located at C-45, Pomposh
Enclave, Greater Kailash 1, New Delhi – 110048 (hereinafter called the "Leased Premises")
along with the existing fixtures and fittings listed in Annexure 1 to this Deed.
B. Lessee had approached the Lessor for grant of lease in respect of the Leased Premises and the
Lessor has agreed to lease out the same to the Lessee.
C. The Lessor and the Lessee are now desirous of executing this Lease Deed to record the terms
and conditions governing lease of the Leased Premises as set forth hereinafter.
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NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS AGREED BY
AND BETWEEN THE PARTIES HERETO AS UNDER:
In this Deed, unless the context otherwise requires, the following rules of interpretation shall
apply:
(b) Lessor and Lessee are individually referred as “party” and collectively as “parties”
(c) Words referring to a singular number include the plural, and words referring to a plural
include the singular.
(d) Words referring to a person or persons include companies, firms, corporations, organizations,
and vice versa.
(e) Headings and titles are included in this Agreement for convenience only and shall not affect
the interpretation of this Agreement.
(f) Words and Phrases shall have the same meaning as in Indian Contract Act, 1872, The
Transfer of Property Act, 1882, or any other laws regulating this Deed
Provided, in the absence of any specific meaning and definition, words and phrases shall have
the same meaning as in the general course of business.
(g) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably
necessary to give full effect to this Agreement and the events contemplated by it.
(h) Any obligation on a Party not to do something includes an obligation not to allow that thing
to be done.
2. GRANT OF LEASE
The Lessor hereby grants to the Lessee, the right to enter into and use and remain in the
Leased Premises along with the existing fixtures and fittings listed in Annexure 1 to this
Deed and that the Lessee shall be entitled to peacefully possess, and enjoy possession of the
Leased Premises, and the other rights granted herein.
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3. PURPOSE
(a) The Lessee shall use the Leased Premises only for residential purposes.
(b) The Leased Premises shall be exclusively used by the Lessee. The Leased Premises shall
not be used for any purposes other than as specified above. The Lessee shall not use Leased
premises unlawful purposes and shall forthwith notify the Lessor if it becomes aware of any
illegal activities being conducted on the Leased Premises. The Lessee will not store or allow
to be stored on the leased Premises any objectionable items prohibited by any law in force
during the Lease Period.
4. LEASE RENT
The Lessee has agreed to pay the rent of Rs. 30,000 (Rupees Thirty thousand) in advance on
or before 3rd (Third) day of each calendar month by online transfer through IMPS to the
following account:
In the event of delay in the payment of rent by the Lessee, interest at the rate of 15 percent
per annum shall be payable on the entire outstanding amount from the due date till the actual
date of payment.
It is hereby agreed that if a default is made in the payment of rent by the Lessee for 3 (three)
consecutive months the Lessor shall be entitled, in addition to other rights and remedies
available to the Lessor under this Deed and applicable laws, at its sole discretion to terminate
the lease granted under this Deed and to take possession of the Leased Premises as full and
absolute owner thereof without regard to the time elapsed.
Provided, however, a notice in writing shall be given by the Lessor to the Lessee of his
intention to terminate the lease and to take possession of the Leased Premises. In the event
the Lessee pays the arrears of rent within a period of 15 (Fifteen) days from the issue of the
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notice by the Lessor, the Lessor shall not be entitled to terminate the lease of the Leased
Premises. However, if the arrears of rent are not paid by the Lessee, within a period of 15
(Fifteen) days from the issue of the notice by the Lessor, the lease shall stand automatically
terminated with no further acts required on part of the Lessor.
5. SECURITY DEPOSIT
The Lessee has paid to the Lessor an amount of Rs. 90,000 (Rupees Ninety Thousand) as an
interest-free refundable security deposit. The Lessor acknowledges receipt of the security
deposit.
The security deposit shall be refunded without any interest simultaneously with the delivery
of possession of the Leased Premises by the Lessee to the Lessor upon expiry of the Lease
Period or earlier termination of this Deed in accordance with the terms hereof subject to there
being no outstanding dues by the Lessee. The Lessor shall be entitled to adjust any
outstanding amounts of rent, interest or other charges due from the Lessee and any amounts
spent on repairing damages caused to the Leased Premises by the Lessee against the security
deposit prior to refunding the same to the Lessee. In the event the amount of security deposit
is not sufficient to cover the outstanding amounts due to the Lessor, the Lessee shall be liable
to pay all such outstanding amounts within a period of 15 (fifteen) days from receipt of a
written demand from the Lessor.
In the event the Lessor sells the Leased Premises or assigns all rights under this Lease Deed
to a third party ("New Lessor"), the security deposit shall also be transferred to the New
Lessor and the Lessor shall thereafter not have any liability towards the return of the security
deposit to the Lessee.
OPERATIVE WORDS
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7. LOCK-IN PERIOD
The Lessor shall not be entitled to terminate this lease during the period of 24 months from
01.02.2022 ("Lock-In Period") for any reason whatsoever.
8. OPTION TO PURCHASE
Subject to the fulfilment of the provisions of the Lease Deed, in case of sale of the Leased
Property, the first offer shall be made to the Lessee. Only after the refusal to purchase, the
lessor shall make the offer to public at large.
Provided that the offer shall be subject to conditions put forward by the lessor at a price
equivalent to market value or any price determined by the lessor.
9. TERMINATION:
The Lessor shall also be entitled to terminate the lease without any notice in the event of a
default committed by the Lessee which is not cured within a period of 15 (Fifteen) days, from
the date of receipt of a written notice in that regard from the Lessor.
Lessor shall be entitled to terminate this Lease Deed by giving written notice of 30 (Thirty)
days to the Lessee of its intention to terminate.
Lessee shall be entitled to terminate this Lease Deed by giving written notice of 30 (Thirty),
to the Lessor of its intention to terminate.
Upon any termination of the Lease for any reason whatsoever, the Lessee shall hand over
physical vacant possession of the Schedule Property to the Lessor simultaneous with the
Lessor refunding to the Lessee the Security Deposit after adjusting all monies due and
payable by the Lessee in terms of this Lease Deed.
On termination of the lease, either by efflux of time or otherwise, the Lessee will quietly and
peacefully deliver vacant possession of the Schedule Property to the Lessor in a clean and
good condition subject to normal wear and tear simultaneous with the Lessor refunding the
Security Deposit after adjusting all monies due and payable by the Lessee in terms of this
Lease Deed.
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10. GOVERNING LAW:
11. AMENDMENT:
The terms of this Lease Deed shall not be altered or added to nor shall anything be omitted
therefrom except by means of a Supplementary Deed in writing duly signed by both the
Parties hereto.
13. NOTICES
Any notice or other information/document required or authorized by this Deed to be given
shall be given in writing, in English, and by:
a) Delivering it by hand (a written acknowledgment in receipt thereof shall be sufficient
evidence that the notice or other information has been duly given); or
b) Sending it by nationally recognized courier to the relevant parties at the addresses
specified in the name clause of this Deed above.
14. SEVERABILITY
If at any time, any provision of this Lease Deed shall become or be held illegal, invalid, or
unenforceable in any respect under any law, then the legality, validity, or enforceability of the
remaining provisions shall not in any way be thereby affected or impaired.
15. COUNTERPARTS
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This Lease Deed may be executed in 3 (Three) number of counterparts each of which shall be
deemed to be an original.
HABENDUM
20. INSPECTION
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The Lessor and/or its authorized personnel shall have the right to enter upon and inspect the
Leased Premises or any part thereof with prior written notice of 5 (Five) days at any time
from 10 AM to 5 PM Provided, however, in case of an emergency, no prior notice shall be
required to be given.
The Lessor shall be entitled to sell, assign, convey or transfer in any manner his interests in
the Leased Premises and his rights and obligations under this lease deed to any third party
without the written consent of the Lessee, provided that he ensures that the prospective
purchaser/assignee agrees to be bound by the terms of this Lease Deed.
24. REPAIRS
The Parties agree that day to day repairs such as fuse blow out, replacement of light
bulbs/tubes, leakage of water taps, maintenance of the water pump and other minor repairs,
etc., shall be carried out by the Lessee at its own cost, and any major repairs, either structural
or to the electrical or water connection, plumbing leaks, water seepage shall be attended to by
the Lessor. In the event of the Lessor failing to carry out the repairs on receiving notice from
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the Lessee, the Lessee shall undertake the necessary repairs and the Lessor will be liable to
reimburse costs incurred by the Lessee within a period of 15 (Fifteen) days.
25. TAXES
The Lessor shall be responsible for the payment of property tax and any other municipal
taxes pertaining to the Leased Premises during the Lease Period. The Lessee shall reimburse
the property and municipal taxes paid by the Lessor upon demand made in this regard by the
Lessor. Any other statutory taxes or duties, levied by the Government or governmental
departments shall be borne by Lessor.
Goods and services tax payable on the rent shall be borne by Lessor.
The Parties agree that stamp duty and other related costs on this Deed shall be borne by
parties in equal proportion.
The Lessee hereby covenants, warrants, and represents with the Lessor as follows:
(a) Lease Rentals - to pay the rent on the due dates and in the manner specified in this Lease
Deed and that to observe and abide by all the terms and conditions as set out in this Lease
Deed.
(b) Handover of vacant possession - To hand over the vacant possession of the Leased
Premises to the Lessor immediately upon expiry of the term of the lease and/or on earlier
termination of this Lease Deed. The Lessee shall be liable to remove all the fittings and
fixtures installed by them in the Leased Premises and reinstate the Leased Premises subject to
wear and tear.
(c) Good and tenantable condition - To keep the Leased Premises at all times in good and
tenantable condition.
30. INSURANCE:
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31. DEFAULT:
A breach of any of the terms of this lease by the Lessee which is not cured within a period of
15 (Fifteen), from receipt of notice from the Lessor shall be considered a default under this
Deed. Breaches may include but are not limited to, failure to pay the lease rent, engaging in
any unlawful activity, damaging or otherwise destroying Leased Premises or any common
areas therein, or violation of any part or sub-part of this Lease.
32. INDEMNITY:
Each Party shall defend, indemnify, and hold harmless the other Party from and against any
claim, liability, demand, loss, damage, judgment or other obligation or right of action, which
may arise as a result of the breach by such Party of this Lease Deed or any misrepresentation
made herein.
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ANNEXURE 1 - FIXTURES AND FITTINGS
THE FOLLOWING FIXTURES AND FITTINGS ARE PRESENT WITH THE LEASED
PROPERTY:
1. False Ceiling, in each of the two Bedrooms, Bathroom, Pantry, Kitchen and Living
Room
2. Havells Instanio Water Geyser in Bathroom
3. Jaguars Sanitaryware in Bathroom, including three water taps, urinals, washbasins
4. Thomasville Kitchen Cabinet
5. Aquagaurd 6.2 liters Neo UV + UF + MC Water Purifier with Mineral Charge
Technology
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BOTH THE PARTIES HAVE READ AND UNDERSTOOD THIS AGREEMENT
AND HAVE AGREED TO SIGN THE SAME WITH FREE CONSENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement:
WITNESS
1. Rahul Dubey
S/O - Jairaj Dubey
Address - 145/26, Shaheed Jeet Singh Road
Katwaria Saria, New Delhi - 110016
Aadhaar Number: 7526 4589 2256
1. Md. Shahid
S/O - Md. Jainuddin
Address - 258, M.G. Road
Motilal Nagar, Delhi - 110054
Aadhaar Number - 3258 0205 5741
2. SAHIL KHAN
(LESSEE)
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