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TENANCY AGREEMENT

THIS AGREEMENT OF TENANCY is made at Mumbai and executed on _____ day of_______, 200___
BETWEEN

Mr._______________ & ______________, 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) By an assignment dated __________, ________, executed between _______________________ therein called the Lessor and Mr. _________________________, the Owners herein and therein called the Lessee, and registered with the Sub-Registrar of Assurances at ______________ under No.___________ of _______ of additional book No._____ from pages ______ to _____ of Volume No.____, the Owners herein became entitled to all the rights, title, claim and interest of the lease dated ____________and lease dated ____________, in respect of the leasehold plot of land bearing No.______, now situate in _________________________, admeasuring about _______ sq. mts. or thereabout, which is more particularly described in the schedule hereinunder and hereinafter referred to as “the said plot”, at the yearly rent of Rs.____/- with all the benefits and subject to the reservation, covenants and conditions as mentioned in the said lease.

B) The Owners in their said rights got the plans and specifications sanctioned from the Municipal Corporation of Greater Mumbai (BMC) and obtained IOD Vide No.________________ dated ________________ for the work of construction and development on the said plot i.e. for putting up the building consisting of ground, parking space and five upper floors, each floor containing one flat each, admeasuring about _______ sq. ft. After said construction/development on the said plot, the Owners obtained the Building Completion/Occupation Certificate on _____________.

C) In _________, the owners submitted further plans for construction of additional _______ floors and obtained an additional IOD vide No.____________ dated __________, which was further renewed vide IOD dated __________. As per the said sanctioned plans specifications and the terms and conditions of the IOD and C.C. issued in 1996 by the Bombay Municipal Corporation, the Owners have completed the construction in all respects put up _________ additional floors constructed on the said plot of land and the building known as “____________” and obtained Building Completion and occupation Certificate from the Municipal Corporation of greater Mumbai;

D) The Tenants approached the Owners in or about __________to let out a flat No._______ on _____ floor of the said building, admeasuring about _______sq. ft. (hereinafter referred to as “the said flat”) to the tenants on perpetual basis) which the Owners agreed to do on certain terms and conditions, which the parties are desirous of recording to avoid any future complications.

NOW THEREFORE THIS AGREEMENT WITNESSES AS UNDER:-

1. The owners have let out flat No.______ on _____floor in the Building known as “________” situate at_________________________ (hereinafter referred to as the “said Flat” to the tenants as the Tenants thereof in perpetuity.

2. The owners handed over quiet, vacant and peaceful possession of the said flat with parking space for one car only of the tenants on _____________.

3. The monthly rent payable by the Tenants to the Owners for the said flat with parking space for one car only shall be Rs._________/- (Rupees _________________) and the same shall be paid to the Owners. The Tenants shall pay the same to the Owners on or before the ______day of each calendar month, to which the payment, the Owners shall not be entitled to any increase in rent, save and except the permitted increases by B.M.C. Property Taxes only.

4. The Tenants shall be under obligation throughout the period of their occupation to pay regularly the monthly rent to the Owners and to abide by the terms of these presents;

5. The Tenants have paid an interest-free deposit of three months as advance rent to the “Owners” i.e. a sum of Rs._________/- (Rupees ________________only), which deposit will continue to be with the Owners during the currency of the tenancy.

6. That upon the tenants and/or their transferee prematurely terminating the tenancy by surrendering vacant possession of the said flat to the Owners, the Owners shall be liable to refund the amount of said deposit to the Tenants and/or their transferee at the time of surrender of vacant possession of the said flat with parking space for one car.

7. The Tenants shall bear and pay all the outgoings and expenses etc., rates, taxes, charges, duties, assessment, cess, impositions whatsoever now payable or hereafter to become payable and all increases therein from time to time proportionate to the area (including common area) used or enjoyed by them. As and when the Owners are required to pay such expenses, then the Owners will decide the share of the Tenant in taxes, levies etc, as also for other expenses which the Tenants shall pay accordingly. In any case the Owners, shall not be liable for the payment of such expenses and outgoings in respect of the said flat. The Tenants will not hold the Owners responsible for any of such payments.

8. The owners will look after the periodical white washing maintenance, repairs, renovation painting etc. of the said building and the tenant will bear and pay his share of the cost in respect thereof proportionate to the area of the flat occupied by him (including common area used and enjoyed by them).

9. It is hereby agreed between the parties hereto that the running, maintenance and repairs of the water pumps, electric fittings, garden, lift and machines and water meters will be under the control of the Owners. It is agreed that the Tenants herein are liable and responsible along with the other Tenants/Occupants in the building to bear and pay their share of the expenses to run, maintain and repair the facilities from time to time. If any repair or maintenance work is pending for more than 2 weeks the Owners shall take it upon themselves to complete the same and the expenses thereof shall be shared proportionately by the Tenants/Occupants of the said building.

10. The Tenants shall have to pay in case any additional security deposit is demanded by B.S.E.S. Ltd. or by B.M.C., or any local authority, such additional Security Deposits shall be paid by the Tenants both in respect of the said flat, as well as for the pumping sets for the water supply and meter for electric supply etc. as the case may be.

11. The Tenants covenant with the owners as follows:

(a) To pay the reserved rent on the date hereinbefore mentioned provided the same is demanded.

(b) To bear, pay and discharge on and from the date of receiving the possession of the said flat all rates, assessments, levies, taxes, duties, impositions and burdens of Central, State, Local Government and Municipal authorities now or hereafter at any time assessed, charged or imposed upon the said flat and the demised premises or upon the Owners or occupiers in respect thereof and which taxes are legally payable and recoverable from the Tenants.

(c) To bear and discharge all electricity charges and water charges which may be levied as per consumption in the said flat and the demised premises and also to bear and pay all maintenance charges to keep the premises clean and neat on and from the date of receiving vacant possession of the said flat.

12. The owners hereby covenant with the Tenants as under:

(a) That they have full right, absolute power and complete authority to grant the tenancy of the said flat and premises as aforesaid to the Tenants free from all encumbrances, charges, liens, claims or demands whatsoever.

(b) That on the tenants continuing to observe and perform the terms and conditions of the tenancy recorded herein, the Tenants shall be entitled to hold, possess and enjoy the said flat and premises without any interruption by the Owners or any person or persons claiming by, from, through or under the Owners.

(c) The Owners will not be entitled to terminate the tenancy of the tenants unless the tenant is convicted for using the said flat/premises for immoral purpose or for commercial purposes or if having carried out additions and alterations in such a manner that structural stability of the said building is affected and/or floor space of the said flat is increased or if the Tenants fail and neglect to pay the rent within 90 days from the date of the receipt of any notice from the landlords demanding the rent in arrears.

13. The Tenants will use the said flat only for their residential purpose for themselves and their family members and no other purpose. The Tenants shall not use the said flat for commercial purpose.

14. The right or benefit of unutilised FSI or any other rights attached to the said plot of land or the said building as may be granted or sanctioned by the concerned authorities shall belong absolutely to the Owners alone and to the exclusion of the Tenants.

15. In the event of the Owners desiring to carry out further development of the said plot/building at any time, the Owners shall be entitled to carry out all such works without obtaining any consent or permission of the Tenants. However the Owners will carry out development without causing any damage to the said flat with parking space for one car only hereby let out to the Tenants and without disturbing the area of the said flat and car parking space and without causing any perpetual reduction of material nature to the common amenities and facilities hereby demised. The Tenant shall continue to co-operate with the Owners in this behalf.

16. The right to and keys of the terrace of the said building shall remain with the Owners. The Tenants shall not claim any rights of whatsoever nature on the terrace.

17. The Tenants shall be entitled to park one motor car in the compound in the said area allotted to the Tenants by the Owners. No repair of motor car will be permitted in the compound of the said Building. The Tenants shall not park their motor car anywhere else except in the area allotted to them by the Owners in the compound. No motor car or vehicle of the Tenants’ visitor or guest or relative will be allowed to be parked in the compound.

18. The Tenants shall take care and maintain the said flat and parking space for one car in good and proper condition at their own costs and expenses in accordance with the bye laws, rules and regulations of the Municipal Corporation of Greater Mumbai.

19. The Tenants and their servants are not be allowed to sleep in the passage, staircase, terrace, compound or in the parking area allotted to the Tenants to park their own motor car. The Tenants and their servants are not be allowed to keep any of their belongings in the above places. No servants of the Tenants are allowed to use the owner’s Common W.C. or bathrooms as it is only for the use of the Owners’ servants and that the tenants are provided with separate W.C. and bathroom in servants quarter in each flat.

20. The Tenants shall not affix or exhibit on any part of the said building any sign board or placard except name plate on outer door of the said flat and particularly shall not permit any advertisement to be affixed on any part of the building in which the said flat and parking space for one car forms part.

21. The Tenants shall not bring, keep or store in the said flat and parking space for one car any inflammable, combustible or hazardous goods or any other articles which may endanger the demised premises or building. The Tenants shall not commit any illegal act or omission or use the said flat and parking space for one car for any immoral trade, business activities or purposes.

22. The Tenants shall permit the owners, their agents and servants with or without workmen at all reasonable times to enter upon the said flat to examine the state of repairs and conditions thereof and for all other purposes as necessary.

23. The Tenants shall not do any act, deed, matter or thing of willful nature whereby the rights of the owners to the said plot is adversely affected or jeopardised in any way.

24. The Tenants are entitled to carry out repairs and renovations in the said flat without any consent or written permission of the Owners. However, the Tenants will not be entitled to change the elevation or the façade of the building in which the said flat is situate. The Tenants will also not carry out any additions and/or alterations which will in any way damage the structural stability of the building in which the said flat is situate and/or increase the floor space of the said flat. The Tenants will also not change the drainage system i.e. the Tenants will keep the kitchen, WCs, bathrooms etc. at the same location as shown in the sanctioned building plans.

25. The Tenants shall not part with the possession of the said flat and parking space for one car save and except as stated in clause_______ hereinafter, nor shall they sub-let or give on license or caretaker basis or otherwise, the said flat and parking for one car. The Tenants shall not keep any paying guests in the said flat.

26. Subject to the provisions of this agreement and notwithstanding anything contained in clause _______ hereof, the Tenant shall be entitled to transfer the tenancy rights in favour of a Third party. It is clarified hereby that thereby that the transfer of tenancy to the heirs, executors or administrators of the tenants shall not be considered as transfer to third party) as contained herein only for an aggregate number of ________ times in all and within the period of __________ years (i.e. before _____________) from the date of handing over possession subject to the condition that the new Tenants shall always be a ____________, _________, ________, vegetarian and shall be bound by the terms and conditions contained in this agreement and shall give an undertaking to the landlord that he/she/they shall faithfully and diligently abide by and observe and comply with all the terms and condition set out herein.

27. In case of the assignment of the tenancy rights by the Tenants the Landlords will be bound at the Tenants request to accept the assignee as his direct tenant/s and to make out the rent receipts in name of the assignee. If the Owners refuse to make out the rent receipts in the name of the assignee, then such assignee will be entitled to use, occupy and possess the said flat as the lawful tenant/s without paying any rent till such time as the landlords makes out the rent receipts in the name of such assignee and that the assignee’s non-payment of the rent till rent receipts are made out in his/her/their name/s will not be considered as a default of non-payment of rent and that the Landlords will not be entitled to terminate the tenancy and/or initiate any proceedings for recovery of rent and possession of the said flat.

28. It is agreed between the parties that if the said building and/or the said flat is destroyed in any acts of fire, flood, earth-quake, war, riots or otherwise, then the Tenants right of tenancy in the said flat, building and property of the landlords shall not come to an end and that the Tenants shall continue to be entitled to the similar flat of not less than ________ sq. ft. and one car parking space in the required and/or reconstructed building, and that in such case if the landlords do not reconstruct and restore possession of the said flat and one car parking space to the Tenants, then the Tenants shall be entitled to build and construct the same and to use, occupy, possess and enjoy the same.

29. The Owners shall register this document as and when called upon by the Tenants. The stamp duty and registration charges payable in respect of this Agreement and duplicate thereof, shall be paid by the Tenants alone. The owners will have duplicate and the Tenants will have the Original thereof.

IN WITNESS WHEREOF the parties hereto unto set and subscribed their respective hands the day and year first herein above written.

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 )