Maintenance Charge Deed

THIS DEED OF CHARGE is made at Mumbai this……..day of……………..2010 between Mr. Y of…………., hereinafter referred to as the first party and Smt. AB residing at………… hereinafter referred to as the second party.

WHEREAS the first party is the husband of the second party and that both of them are living separate.
And whereas the first party as husband is liable to pay and has agreed to pay the second party by way of maintenance a sum of Rs. 1500 per month in advance on or before the 5th day of each month hereafter.

AND WHEREAS the parties have agreed that such payment of monthly maintenance would be a charge on the immovable property being a two-storeyed building at……. Mumbai belonging to the first party.

NOW THIS DEED WITNESSTH and it is agreed by and between the parties as follows:
1. The first party would pay to the second party month by month and every month the sum of Rs……..1500 by the 5th of each month in advance for the upkeep and maintenance of the second party.
2. That such payment of the maintenance shall be a charge on the said property of the first party being premises No…………of……..and the first party hereby charges the said land and premises being No……of…….with the payment of the said sum of Rs. 1500 per month by way of maintenance to the second party.
3. It is further agreed that in the event the first party fails to pay any two monthly instalments of the said maintenance to the second party then in that event the second party will be entitled to enforce the charge hereby created on the premises by bringing the said land and premises to sale through any competent Court of Law and to realise and receive the amount due out of the net sale proceeds thereof.
4. Such charge is created without prejudice to other rights and remedies of the second party to realise and enforce payment of the said maintenance allowance in accordance with law.

IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written.

Signed and delivered by Mr. Y the
within-named first party in the
presence of:
Signature
Accepted by and signed by the
within-mentioned second party
Mrs. AB in the presence of:

Signature