Agreement for Sale

 

 

 

 

 

 

 

 

 

 

 

 

AGREEMENT FOR SALE

 

THIS AGREEMENT FOR SALE made this ____ the day of ________ Two Thousand Twenty Three (2023) 

 

 

 

 

 

 

B E T W E E N

 

 

(1)         SRI SATYAJIT SANYAL [PAN- ALOPS6263J] & [AADHAAR 422906373221], son of Late Gauranga Chandra Sanyal, (2) SRI SARBAJIT SANYAL [PAN- ATHPS6060N] & [AADHAAR- 553848266285], son of Late Gauranga Chandra Sanyal,and (3) SRI PRASENJIT SANYAL [PAN NO - ALGES0971H] & [AADHAAR 775916860219], son of Late Shyamananda Sanyal, all by Nationality- Indian, all by Faith- Hindu, all by Occupation-Business, all are residing at GC- 168, Salt Lake City, Sector- III under Police Station of South Bidhan Nagar, Kolkata- 700106, hereinafter referred to as the "OWNERS/DEVELOPER" (which expression shall unless excluded by or repugnant to the context or the subject be deemed to mean and include their respective heirs, successors, administrators, legal representatives and assigns) of the FIRST PART 

 

A N D

 

SMT. CHAITALI BAUL [PAN- AHNPB7144C] & [AADHAAR- 994631981105], wife of Sri Kaushik Baul, by Nationality- Indian, by Faith- Hindu, by Occupation- Business, residing at 161, Jawpur Road, P.O.- Ghughudanga under Police station of Dum Dum, Kolkata- 700070 in the District of North 24- Parganas, hereinafter referred as the "TENANT/ PURCHASER" (which expression shall unless excluded by or repugnant to the context or the subject be deemed to mean and include his heirs, successors, administrators, legal representatives and assigns) of the SECOND PART

 

WHEREAS the First Part herein jointly purchased ALL THAT partly two storeyed and partly one storeyed brick built messuage measuring an area of 1800 (one thousand eight hundred) Sq. Ft. more or less, which standing over and above of the landed property measuring an area of 03 (three) Cottahs 13 (thirteen) Chittacks 27 (twenty-seven) Sq. Ft. more or less, being Premises known as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under the State  of West Bengal from the owners namely, Smt. Tapati Datta, wife of Sri Bholanath Dutta of AA-137, Salt Lake City, Sector- I, Kolkata-700064 and Smt. Minoti Dutta, wife of Late Ajit Kumar Dutta of 5A, College Row, Kolkata - 700009 and Urimila Dutta, daughter of Late Ajit Kumar Dutta of 5A, College Row, Kolkata - 700009, by virtue of a registered Deed of Sale, which executed on 18.12.2006 and finally registered on 16.03.2011 at Additional Registrar of Assurances-II, Kolkata and recorded under Book No.- I, CD Volume No.- 13, Pages- 1192 to 1220, being No. 03452 for the year 2011 and duly purchased the said property the First Part herein become the joint owners in respect of the said property and sufficiently entitled to enjoy the same duly mutated the same in the Kolkata Municipal Corporation under Assessee No. 110400700497, more fully and particularly described in the SCHEDULE hereunder written and hereinafter for the sake of brevity be referred to as the "SAID LANDED PROPERTY INCLUDING STRUCTURE", free from encumbrances; 

 

AND WHEREAS  the First Part herein accepts and acknowledges that the Second Part is a Tenant having separate tenancy on the Ground Floor, consisting of 50 Sq. ft. Carpet Area with separate rent receipts for the said space within the premises of the First Part which is proposed to be demolished and a New Construction is proposed to be made thereon. Prior to purchase of the said property by virtue of Deed no. 03452 for the year 2011 by the First Part, the Second Part have been using the tenanted portion for running their respective Shop Rooms.

 

AND WHEREAS  considering the Occupation of the Tenanted Portion measuring about 50 Sq. ft. on the Ground Floor of the premises number 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under the State of West Bengal for a pretty long time, the First Part agrees to transfer the said tenanted portion on Ownership to the Second Part at a low consideration which is far less than the present market value. Since in terms of the applicable laws the First Part has to leave certain portion of land in front of the proposed new construction and considering such aspect the major portion of the present occupancy of the Tenant (Smt. Chaitali Baul) will come into existence of towards the front portion of the College Row and in the middle of the proposed building premises, and hence, it is the understanding with the Owners/Developer that the said Tenant (Smt. Chaitali Baul), will be entitled to get one shop room measuring carpet area of 20 (twenty) Sq. Ft. towards in front of the road i.e. College Row and middle of the proposed building and the Owners/Developer hereby accepted the same and confirmed that the Owners/Developer will provide 20 (twenty) Sq. Ft. in front of the College Row and middle of the proposed building. The Second Part further has expressed her desire to purchase 180 Sq. ft. more carpet area and the First Part has agreed to Sale the said additional 180 Sq. ft. Carpet area to the Second Part, meaning thereby the Second Part will purchase total 200 (two hundred) Sq. ft. Carpet Area on the Ground Floor of the New Construction to be made by the First Part, in terms of the Building Plan, sanctioned by the Kolkata Municipal Corporation. The afore stated additional 180 Sq. ft. to be purchased by the Second Part is morefully described in the SCHEDULE-B hereunder written.

 

AND WHEREAS since possessed the Vendors of the First Part herein decided to develop the said landed property by constructing multi-storied building over and above the said landed property and considering such views the First Part herein prefers to negotiate with the Tenant/Purchaser and therefore, the First Part herein specified with the Tenant/Purchaser herein that the Owners themselves will develop the said landed property by demolishing existing structure on their own without appointing any other Developer as confirmed and hence, it is the conclusion and/or decision that the First Part herein will provide measuring Carpet area of 20 (twenty) Sq. Ft. and the same adjoin further area, measuring Carpet area of 180 (one hundred eighty) Sq. Ft. i.e. total area of 200 (two hundred)Sq. Ft. Carpet area towards the facing main road namely, College Row and middle of the said proposed building as SHOPS (commercial area) and the said shops must be facing towards College Row, and in the middle of the said proposed building which must consist by width, width not less than 9`(nine fit) to 10` (ten fit) and duly consider the length the carpet area must be 200 (two hundred) Sq. Ft., which will be provided by the First Part herein in favour of the Tenants/Purchaser herein and said two shops are separate, which will be provided by the Owners/Developer herein and such two shops are adjoined with each and other. Be it specifically stated that the ONE SHOP, which measuring in total as Carpet area of 20 (twenty) Sq. Ft. must be located towards the facing of main road namely, College Row and middle of the proposed building and another ONE SHOP measuring Carpet area of 180 (one hundred eighty) Sq. Ft. with an entrance from frontage of the said shop as well as outer entrance and in between of said two shops the stair and hence, the Tenant/Purchaser shall always have the liberty to use the landing with a view to egress and ingress of the said SHOP as measuring Carpet area of 180 (one hundred eighty) Sq. Ft. and the Second Part must have the opportunity to enjoy two shops measuring total carpet area of 200 (two hundred) Sq. Ft. located at frontage of the main road including another shop measuring carpet area of 150 Sq. Ft. with an entrance from frontage of the said shop as well as outer entrance to that effect the First Part including other co-owners as well as the Holding Organization (to be formed) shall have no right to raise any objection and/or withdraw such privileges of the Second Part herein; 

 

AND WHEREAS in calculative method it is established fact and stands as the First Part herein hereby providing total measuring Carpet area of (20 + 180)  = 200 (two hundred) Sq. Ft. in favour of the Tenant of the Second Part herein and hence, it is the understanding with the said Tenant that the said Tenant will pay the amount @ Rs. 1,800/- (Rupees one thousand eight hundred) per Sq. Ft. in connection with 20 (twenty) Sq. Ft. Carpet area and @ Rs. 4,000/- (Rupees four thousand) per Sq. Ft. in connection with 180 (one hundred eighty) Sq. Ft. Carpet area and will purchase the same from the First Part herein in accordance with the rate, so specified as fixed rate and considering such purview the Second Part herein participated in these presents as Purchaser herein and it is established fact that the Second Part herein shall have every right to act in accordance with the rate as fixed duly consider not only Purchaser but also the Tenant of the said premises; 

 

AND WHEREAS now, the Owner/Developer intend to sale and/or will provide ONE SHOP admeasuring Carpet area of 20 (twenty) Sq. Ft. which must consist by width not less than 9`(nine fit) to 10` (ten fit) and the said particular shop must be facing College Row and in the middle of the proposed building and another shop measuring Carpet area of 180 (One hundred Eighty) Sq. Ft. adjoining with the shops, i.e. total 200 (two hundred) Sq. Ft. in the proposed building being Premises known as facing the main road - namely, College Row and middle of the proposed building in favour of the Tenant/Purchaser herein and said three shops are separate, which will be provided and/or will sale by the Owners/Developer herein and such three shops are adjoined with each and other of the proposed building (subject to the provision that ONE SHOP, which measuring Carpet area of 20 (twenty) Sq. Ft. must be located towards the facing of main road namely, College Row and middle of the proposed building and another ONE SHOP measuring Carpet area of 180 (one hundred eighty) Sq. Ft. and in between of said two shops the stair and hence, the Tenant/Purchaser shall always have the liberty use the landing with a view to egress and ingress of the said SHOPS by using the landing of said stair, and to that effect the First Part including other co-owners as well as the Holding Organization (to be formed) shall have no right to raise any objection and/or withdraw such privileges of the Second Part herein in the said proposed building being Premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No, 040 within the local limits of Kolkata Municipal Corporation under Assessee No. 110400700497, which is more fully and particularly described in the SCHEDULE- B, hereunder written including all common rights, amenities and/or facilities of the said building as referred in the SCHEDULE- C hereunder written together with undivided impartible proportionate share of the said landed property, described in the SCHEDULE- A hereunder written and hereinafter for the sake of brevity be referred to as the "SAID SHOPS" at or for total consideration amounting to Rs. 10,80,000/- (Rupees Ten Lakhs and Eighty Thousand) only without involvement of any GST in respect of the said two shops as stated above; 

 

AND WHEREAS the Purchaser/Tenant herein offered to the Owner/Developer with a view to purchase the aforesaid three shops in the rate as stated above and the First Part being as Owners/Developer accepted the same and now, the Owners/Developer agreed to sell and the Purchaser/Tenant agreed to purchase all that said BOTH OF THE SHOPS described in the SCHEDULE- B hereunder written at or for total consideration worth of Rs. 10,80,000/- (Rupees Ten Lakhs and Eighty Thousand) only in respect of the said three shops in terms as specified hereunder: 

 

NOW THIS INDANTURE WITNESSETH AND IT IS MUTUALLY AGREED  BY AND BETWEEN THE PARTIES HEREIN, as follows:

 

1.    THAT the First Part will provide and/or will sell and the Purchaser being as Tenant will purchase ALL THAT TWO SHOPS and out of that ONE SHOP admeasuring measuring Carpet area of 20 (Twenty) Sq. Ft. adjoining another SHOP measuring Carpet area of 180 (one hundred eighty) Sq. Ft. i.e. total 200 (Two Hundred) Sq. Ft. Carpet area facing main road namely, College Row and in middle of the proposed building, which consist by width not less than 9`(nine fit) to 10` (ten fit) and said two shops are separate but such two shops are adjoined with each and other (subject to the provision as specified above) of the proposed building, being Premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under Assessee No. 110400700497, which is more fully and particularly described in SCHEDULE- B, hereunder written including all common rights, amenities and/or facilities of the said building as referred in the SCHEDULE- C hereunder written together with undivided impartiable proportionate share of the said landed property, described in the SCHEDULE- A hereunder written at or for agreed total consideration i.e. @ Rs. 1,800/- (Rupees one thousand Eight hundred) per Sq. Ft. in connection with 20 (Twenty) Sq. Ft. Carpet area and @ Rs. 4,000/- (Rupees four thousand) per Sq. Ft. in connection with 180 (one hundred eighty) Sq. Ft. Carpet area and hence, CONJOINTLY worth of Rs. 10,80,000/- (Rupees Ten Lakhs and Eighty Thousand) only and the Purchaser herein paid the amount worth of Rs. 9,000/- (Rupees Nine Thousand) only by cheque as an earnest and/or advance money and/or part payment of total Consideration amount to the First Part herein as per memo of consideration hereunder written and the receipt whereof the First Part herein doth hereby acknowledged and granted in favour of the Second Part herein and the remaining balance and/or due consideration worth of Rs. 10,80,000/- (Rupees Ten Lakhs and Eighty Thousand) only shall have to be paid by the Purchaser to the Vendors within 30 (thirty) months from the date of execution of these presents in respect of the scheduled below property either different intervals or in one sort on or before registration and the Purchaser shall have to complete the registration positively within the stated prescribed time and after receiving all of the due payments and/or total amount as well as after completion of the registration i.e. both of the subject, it is the duty and responsibility of the First Part herein to handover the possession in favour of the Second Part herein without any hesitation with necessary documents and Completion Certificate of the said building premises, and/or without showing any excuses in connection thereof after completion of the property as referred in the SCHEDULE- B, hereunder written; 

 

2.    THAT the Second Part herein have the full liberty to register these presents in accordance with the norms of the State Government and to that effect First Part shall have to complete such registration without any delay and/or without any hesitation and in any event if any hesitation and/or delay being effectuated by the First Part herein then such will be treated as legal offence in part of the First Part herein;  

 

3.   THAT the responsibility of the Purchaser/Tenant to pay the prescribed amount in favour of the First Part herein within due time and it is also the duty and responsibility of the First Part herein to Complete the registration of these presents and thereafter, by receiving total due consideration the registration of proper Deed of Conveyance within said specified prescribed period and handover the peaceful vacate possession in favour of the Purchaser on or just after complete of the registration; 

 

4.   THAT by virtue of these presents the Tenant/Purchaser hereby declaring and confirming that the Tenant/Purchaser will not accept any less area of the said TWO SHOPS as specified in the SCHEDULE- B hereunder written and if the area will be higher than the area of said TWO SHOPS under such circumstances the Tenant/Purchaser hereby ready to pay the excess amount in accordance with the rate as specified hereinabove and be it also specified that the SHOPS, which measuring an area of 200 (Two Hundred) Sq. Ft. Carpet area that particular SHOPS must be the facing towards main road namely, College Row and in the middle of the proposed building and the same SHOP must be consist by width not less than 9`(nine fit) to 10` (ten fit) and therefore, it is the responsibility of the First Part herein to enforce the building plan in accordance with said subject matter and under any circumstances the differentiate of such area will not acceptable by the Tenant/Purchaser and the First Part hereby also confirming that the First Part will provide the said three shops to the Second Part herein considering such subject; 

 

5.   THAT the Second Part herein may interested to complete registration of these presents by paying requisite amount to the State Government and to that effect it is the duty and responsibility of the First Part herein to complete such registration in respect of the SCHEDULED- B property without any hesitation and as soon as the Purchaser's property be ready in the Ground Floor itself, the First Part herein shall have to provide the possession to the Second Part herein duly complete the registration, because of the fact that the Second Part herein under continuation of business and the place and location of such business is one of the major factor; 

 

6.   THAT the First Part hereby confirms and undertakes that the proposed building will be constructed within 24 (twenty four) months from the date of receiving the building plan to be sanctioned by the Kolkata Municipal Corporation before that after execution of these presents within 15 (fifteen) days the Second Part will vacate their occupied portion to the First Party to enable them to demolish the existing structure and to submit the building plan for sanctioned before the appropriate authority. The First Part confirm and undertake that by no reason maximum 6 (six) months’ time will be over in between vacating the occupied portion by the Second Part and obtaining sanctioned building plan by the First Part.

 

7.   THAT the First Part hereby undertakes and confirms that they will bear the rentals in the shifted place towards alternate accommodation for running the business by the Second Part for a period of 30 (thirty) months and sum total of rentals of 30 (thirty) months will be paid to the Second Part by the First Part at one go. Accepting circumstances beyond the control of human being time is essence of this Contract. However, a maximum period of additional 3 (three) months’ time can be provided to the First Part for handing over vacant possession to the Second Part subject to payment of rentals for the said three months by the First Part to the Second Part. Further the First Part agrees to pay shifting charges and advance to the Second Part for their alternate accommodation to run their business, in the new place so long the new construction in terms of sanctioned building plan is made and handed over to the Second Part.

 

8.   That in the event the accommodation on rent being alternate accommodation for the specified period of 30 (thirty) months, provided by the First Part to the Second Part, the tenant/ purchaser herein, if the said accommodation is not at Ground Floor at the said premises, then in such event the First Part herein obliged to pay a sum of Rs. 1,000/- per month to the Second Part herein for cost of carrying goods/ books by muthias/ kulli, etc. such payment can be made by the First herein to the Second Part herein by one go for a period of 30 (thirty months) and/ or by each month as may be the First Part assails convenient to them.

 

9.   Be it specified that the monthly rent will be paid by the First Part herein in favour of the Second Part herein and/or in favour of the Landlord/Landlady at a time for a period of 30 (thirty) months and if required further again considering as referred hereinabove. Be it also specified that the separate accommodation of the Second Part herein must be within the range of 300 (three hundred) mtr. of present Tenanted Shops (second part herein). Under any circumstances the First Part herein including Landlord/Landlady shall have no right and authority to evict the Second Part herein from the new sub-tenancy, wherein the Second Part herein accommodated by the First Part herein under sub- tenancy temporarily, subject to the provision until and unless the Second Part herein will be re-accommodated in the property as referred and/or specified under this agreement of the proposed building, being premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under Assessee No. 110400700497 and considering all of the aspect all of the liability and/or responsibility of such shifting as well as such sub-tenancy completely depends upon the First Part herein. It is also hereby specified that such sub-tenancy hereby arranged by the First Part herein and considering written request of the First Part herein – the Second Part herein shifting their business in the sub-tenancy and therefore, in connection of such sub-tenancy if any type of harm will come then the loss of injury shall have to be compensated by the First Part herein in favour of the Second Part herein, on appropriate communication thereof; 

 

10.          THAT the First Part hereby agrees that if the new construction and subsequent handing over of possession in the new construction is not completed within the specified time as mentioned, herein above, the First Part will be bound to pay compensation @ Rs. 2,000/- (Rupees Two Thousand) only, per day to the Second Part considering the existing occupation of the Second Part for their business, which is the livelihood of the Second Part

 

11.         THAT the entire registration cost will be paid by the Second Part herein and such registration will be routed through with the Purchaser's Advocate and to that effect the First Part shall have no right and authority to insist and/or to force the Second Part for any activation through any other legal practitioner and the decision in this subject totally depends upon the Second Part herein; 

 

12.         THAT if so required the Purchaser shall have the right to take loan from any financial institution or Bank at their own risk for purpose of  purchasing said scheduled- b below property  and the Vendors/Developer of the First Part herein shall have no objection for the same and also have no liabilities and/or responsibilities to the subject matter whatsoever and to that effect the First Part herein shall have to co-operate with the Purchaser duly provide all of the relevant deeds and documents to the Purchaser herein and in default thereof the Second Part herein shall have every liberty to knock the legal doors and it is mandate in part of the Purchaser to clear all due payment in terms of these presents to the First Part herein; 

 

13.         THAT the Purchaser shall have to pay the committed amount and/or due consideration within 30 (thirty) months from the date of execution of these presents and/or at the point of time of execution of proper Deed of Conveyance in respect of the SCHEDULED- B property as referred hereunder;  

 

14.         THAT the expenses of registration of proper Sale Deed/Deed and/or Deed of Conveyance in accordance with the norms of the State Government in respect of the said scheduled below property shall be borne by the Purchaser exclusively and as such in addition to aforesaid total consideration the Purchaser shall have to pay the Registration fees including Stamp Duty, Advocate fees, etc. to the Purchaser's nominated Advocate at the time of execution and/or registration by cash and the date of registration of proper Sale Deed/Deed and/or Deed of Conveyance will be fixed and informed by the Purchaser by considering the terms of this Agreement. The assessment of the Registrar shall be final and conclusive and entire expenses of Registration of Proper Sale Deed/Deed and/or Deed of Conveyance will be determined according the assessed value, which is conclusive one; 

 

15.         THAT the liability and responsibility of the First Part herein to handover all of the photo copy of deeds and documents and/or registered instruments i.e. the deed, pre-link deeds, tax receipt etc. of the said landed property and/or scheduled below property and the Completion Certificate in favour of the Purchaser herein at the point of time of execution of proper registration; 

 

16.          THAT the First Part herein shall have no right and/or authority to engage themselves with any of contracts and/or agreements in any manner whatsoever with any third party or parties as well as shall have no right and authority to take any loan from any person/s and/or any financial institution or Bank duly mortgaged the property as referred in the SCHDULE- B hereunder and in any event if any of such act will come into existence then such will be treated as criminal offence in part of the First Part herein, and the Second Part will be at liberty to tale legal recourses against the First Part ; 

 

17.          THAT the Purchaser shall pay the arrears of the consideration money or price payable by them either through Bank or from personal account before registration of the said SCHEDULED- B below property as mentioned herein above, subject to the terms as stated in different clauses and if the Purchaser fails to pay the arrears as aforesaid to the Vendors/Developer within prescribed period and/or on or before registration of the proper Deed of Conveyance, the First Part reserve the right to allot the said property to any other person/persons at their own discretion after giving necessary intimation in writing to the Purchaser herein, subject to the conditions that the saleable property must be ready in habitable conditions but the Purchaser hereby undertake that they will not make any delay to purchase the same and the Purchaser hereby also declare that they will purchase the same by clearing committed amount and/or due consideration within 30 (thirty) months from the date of execution of these presents as mentioned herein above as well as by considering all other terms and conditions of these present (subject to the provision of registration as well as possession and completion certificate) but the First Part shall have no right to claim any other consideration, save and except as specified herein and shall have no right to allot the said property unto or in favour of any third party or parties within prescribed period of 30 (thirty) months Tenant/Purchaser, subject to the provision as referred herein above and in any event if the First Part will prefer excess time under such circumstances First Part herein shall have to logical information and/or intimation to the Tenant/Purchaser herein, will prescribed within time frame, as stated herein above; 

 

18.          THAT the Purchaser will complete the registration in respect of the said SCHEDULE-B below property within prescribed period by clearing and/or paying all due consideration in respect of the said property, subject to the provision that the First Part shall have to comply all contractual liabilities and in any case First Part will fail to act in terms of this agreement then Purchaser will not be liable and/or responsible to complete registration within specified time as stated hereinabove by clearing all due consideration and it is mandate in part of the First Part herein to comply all contractual liabilities as specified in these present; 

 

19.         THAT the Purchaser hereby entered these presents with a view to purchase the property as referred in the SCHEDULE- B hereunder written, which is established under purview of SCHEDULE- A property as specified hereunder and Tenant/ Purchaser paid the earnest money in favour of the First Part herein by cheque and after debited as well as after compliance of the terms of the present Tenant/ Purchaser hereby liable to shift from the existing building;

 

20.         THAT it is recorded that the Purchaser not inspected the deeds and documents and all the papers of the First Part relating to the said property and made themselves fully conversant with the contents thereof duly considered the oral commitment of the First Part herein and have duly satisfied as to the title of the First Part duly gone through the photo copy of Deed as referred in these present;

 

21.         THAT the schedule of payment of consideration have already confirmed and assured by the Purchaser and the further balance payment have already been finalized and all payments to be made as per agreed terms stated hereinabove or written subject to the provision that First Part herein must act in terms of these presents. No escalation of the scheduled price of the SCHEDULED – B below property shall been made under any circumstances whatsoever;

 

22.         THAT the binding and/or mandate in part of the First Part herein that the First Part shall have to provide vacate property as determined three shops just completion of registration and in default thereof and/or after expiry of 30 (thirty) months, the First Part shall have to pay the damage @ Rs. 2,000/- (Rupees two thousand) only per day with the rent of temporary accommodation, till such time until and unless the First Part will provide possession in respect of SCHEDULE-B below property duly complete the registration in favour of the Purchaser/Tenant and similarly Purchaser also will liable to pay the same amount in favour of the First Part herein, if the Purchaser fail to pay the due consideration within prescribed period as specified in these presents subject to the provision of completion of the building and/or the property as referred in the SCHDULE- B hereunder written; 

 

23.         THAT the Tenant/Purchaser shall have no further claim and/or demand from the said proposed building SAVE AND EXCEPT SCHEDULED- B below of the property, which comes out of the property as referred in the SCHEDULE- A hereunder written in terms of the rate as prescribed in these presents and more so, it is mandate in part of the First Part that to take proper care - so that, the Tenant/Purchaser will not face any problem to take any loan from any financial institution and to that effect it is the responsibility of the First Part to provide all of the legal documents in favour of the Tenant/Purchaser as well as also the responsibility to comply all of the rules, regulations and notifications, so adopted by the Government of West Bengal and after shifting of the Tenant/Purchaser from the existing building, if in any manner First Part herein failed to comply such any of the documents under such circumstances the First Part herein always will be declared as offenders and the Tenant/Purchaser shall have the liberty to prefer proceedings before the Competent Court of Law at the cost of the First Part herein; 

 

24.         THAT the First Part herein committed to the Second Part herein that the First Part furnished the building plan to the Kolkata Municipal Corporation in manner that the First Part shall have no problem to provide the SCHEDULE- B property, so referred hereunder – in favour of the Tenant/Purchaser and more so, the First Part herein also committed that the First Part being as Owners, on their own will develop the SCHEDULE- A below property without appointing any third party/s and/or developer and further, the area as referred in the SCHEDULE- B hereunder as well as the cost of such area hereby determine on negotiation and hence, considering such aspects the Purchaser herein provide their 'NO OBJECTION' in manner of Affidavit and therefore, the First Part herein shall have neither any right to act by violating the terms of these presents nor have any authority to deprive the Tenant/Purchaser with a view to transfer the SCHEDULE- B below property by way of Sale; 

 

25.          THAT the First Part herein hereby declaring and confirming that before completing the building, firstly First Part will take full initiative to complete the SCHEDULE- B below property and handover the possession in favour of the Tenant/Purchaser duly complete the registration in connection thereof by receiving due consideration in respect thereto; 

 

26.          THAT all payments are to be made either by Demand Draft or Pay Order or Account Payee Cheque (subject to realization of the amount from the concerned Bank) in favour of the First Part herein or as agreed upon and receipts granted for the same; 

 

27.         THAT the First Part herein shall have to provide physical possession, free from all sorts of encumbrances in favour of the Purchaser and have to execute proper Deed of Conveyance in favour of the Purchaser herein after receiving all payments from the Purchaser herein and the time is the essence of this contract but such time shall be enhanced or extended due to the act of God or any unforeseen circumstances that is to say "FORCE MAJEURE" e.g. flood, earthquake, riot, storm, tempest, civil common strike, lock-out, epidemic and/or any other act of commission, which is or shall be beyond control either of the party herein; 

 

28.          THAT all letters, receipts and notice issued and/or despatched by the First Part herein under Speed Post with A/D or Registered Post covered with A/D and/or by hand delivery to the address of the Purchaser as informed by the Purchaser shall be considered as sufficient proof of the receipt of the same and shall effectually discharge by the First Part herein and vice-versa and in any event if the address will by changed either of the party then in such case the concerned party shall have to inform the same to the other party; 

 

29.         THAT even comply of contractual liabilities of these presents by the Purchaser herein, in case the First Part herein fails and/or neglects to deliver the vacant possession of the said property to the Purchaser and/or fail or neglect to execute necessary Sale Deed and/or Deed of Conveyance in favour of the Purchaser or as the case may be then in that case Purchaser shall have the liberty to file suit under the Specific Performance Of Contract Act against the First Part herein and the similar right shall have the First Part against the Purchaser of non- performance of contractual duties and/or liabilities by the part of the Purchaser i.e. vice-versa; 

 

30.         THAT in case of death or accident if any, either of the party - the legal heirs and successors shall be substituted in such place and the legal heirs shall abide by the same terms and conditions as laid down in these present and the First Part will act accordingly without demanding any extra amount from the Purchaser herein and similarly Purchaser is also bound to act in these presents and also liable to pay the due consideration only - nothing more than that; 

 

31.         ARBITATION CLAUSE: 

 

THAT the First Part and the Purchaser, both of the parties hereto declare and confirm that each of them shall observe their respective duties and liabilities and obligations under this agreement. If any difference or dispute shall arise among the parties hereto then the same shall be settled mutually and if the dispute is not possible to be settled mutually then each of the parties and/or either of the Parties will appoint Arbitrator or Arbitrators and the decisions of the said Arbitrator or Arbitrators shall be final and binding upon the parties and this Arbitration Clause shall be followed as per the provisions as laid down in the Arbitration Conciliation Act 1996. In this connection it is to be mentioned that this clause shall cease upon after execution of proper Sale Deed and/or Deed of Conveyance including the delivery of possession and giving the Completion Certificate issued by the Kolkata Municipal Corporation by the First Part to the Purchaser herein. 

 

32.          THAT these presents being typed out two sets are identical and the same with a view to kept one set with the First Part herein and another set will remain with the Second Part herein; 

 

SCHEDULE-A

AS ABOVE REFERRED TO: 

(THE DESCRIPTION OF SAID LANDED PROPERTY)

(INCLUDING BUILDING)

 

ALL THAT proposed multi-storeyed building over and above piece and parcel of landed property measuring an area of 03 (three) Cottahs 13 (thirteen) Chittacks 27 (twenty-seven) Sq. Ft. more or less, being Premises known as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 under Assessee No. 110400700497 within the local limits of Kolkata Municipal Corporation under the State of West Bengal within the territory of India, butted and bounded as follows:

 

ON THE NORTH BY                 : 58/1 College Street

ON THE SOUTH BY                 : 18’ (ft.) College Row.            

ON THE EAST BY                    : 32, College Row. 

ON THE WEST BY                   : 34, College Row. 

 

 

 

 

SCHEDULE-B

ABOVE REFERRED TO:

(THE DESCRIPTION OF THE SAID SHOPS)

 

ALL THAT ONE SHOP admeasuring measuring Carpet area of 20 (Twenty) Sq. Ft. adjoining another SHOP admeasuring Carpet area of 180 (one hundred eighty) Sq. Ft. i.e. total 200 (Two Hundred) Sq. Ft. Carpet area towards the facing main road namely, College Row and in the middle of the proposed building and the said shop must be facing towards the College Row, which consist by width not less than 9`(nine fit) to 10' (ten fit) and said two shops are separate but such two shops are adjoined with each and other (subject to the provision of the egress and ingress of another shop by using landing) of the proposed building, located at Ground Floor of the proposed building, being Premises known and numbered as 33, College Row, Northern Division of the town of Calcutta (Kolkata) under Holding No. 328 in Block No. VIII of Ward No. 040 within the local limits of Kolkata Municipal Corporation under Assessee No. 110400700497 including all common rights amenities and facilities mentioned in the SCHEDULE- C hereunder written together with undivided impartible proportionate share of the land on which the said building is under construction as mentioned in SCHEDULE- A hereinabove and the property itself i.e. ONE SHOP admeasuring measuring Carpet area of 20 (Twenty) Sq. Ft., which butted and bounded as follows: 

 

ON THE NORTH BY        :   Stair and landing as confirmed by the    owners/developer

ON THE SOUTH BY       :   College Row

ON THE EAST BY          :   Vacate area of the building as confirmed by the owners/developer. 

ON THE WEST BY         :    Another shop or garage space as confirmed by the owners/developer. 

 

Another shop room measuring carpet area of 180 (one hundred eighty) Sq. Ft., which butted and bounded as follows: 

 

ON THE NORTH BY       :  Other shops as confirmed by the owners/developers.

ON THE SOUTH BY       :  Stair and landing as confirmed by the     owners/developer.

ON THE EAST BY          :  Vacate area of the building as confirmed by the owners/developer.

ON THE WEST BY         :  Another shop or garage space as confirmed by the owners/developer.

SCHEDULE - C

ABOVE REFERRED TO:

(THE DESCRIPTION OF COMMON PARTS & PORTION)

(INCLUDING COMMON AMENITIES AND FACILITIES)

 

1.   Common passage on the ground floor.

2.   Common Toilet and Privy on the Ground Floor with the provision of one tap point. 

3.   Drainage and sewerage. 

4.   Boundary wall and main gates.

5.   Space for Electric Meter installation for the said shops.

6.   Such other equipment, installations, fixtures, fittings and spaces in or within the same building comprised within the said premises as are necessary the users and occupiers of the Shops/Flats. 

 

SCHEDULE- F

ABOVE REFERRED TO:

(THE DESCRIPTION OF THE SPECIFICATION OF WORK)

(WITH MATERIALS OF THE SAID FLAT)

 

 

 1. Structure          :    Foundation will be with R.C.C. Column in isolated base foundation suitable for construction of the building and the tie beams are also provided below ground level linked with column each other supported by the approved plan. 

 

 2. Super structure      :  This will be R.C.C. Column connected with R.C.C. beams to each other frame structure including 4" thick R.C.C. roof structure. Height from Floor level to roof level minimum 9 1⁄2 (without flooring). 

 

 3. Brick work       :   All external brick work will be 10`` (ten inches)thick with A-Class approve quality bricks in 1:6 (C.M.) and all internal brick work will be 3 & 5" thick with same class bricks in 1:4 (C.M.). 

 

     4. Plaster                 :    All walls to be cement plastered (1:5) and ceiling plastered (1:4) punning with plaster of paris to the inside walls of the units and the outside wall will have 3⁄4 thick average and plaster in ceiling will be 1⁄2`` thick average. 

 

    5. Wall finishing            :    Outer wall of the building will be painted by snow cement compound or weather shield. 

 

   6. Flooring                      :   Floors will be completed with marble.

 

7.   Bathroom                   :   Common with nit Cement.

   8. Door/Window             :  Gate will be covered with shutter and the    room must be with the provision of 2 windows.

 

   9. Electrical                   :   All electrical wiring shall be made in conceal by providing 3(three) points.

 

10. Water outlet system   :Building shall be completed with all out let pipes and rain water pipes.

 

Apart from the above work specification any extra works shall be of extra costs subject to the conditions that to intimate to the Owner/Developer before completion of the work as specified. 

 

IN WITNESSETH WHEREOF the Owners and the Purchaser have hereunto set and subscribed their respective signatures on the day, month and year FIRST above written. 

 

1.___________________________

 

 

2.___________________________

 

 

3.___________________________

SIGNATURE OF THE OWNERS 

 

 

 

 

 

 

 

 

 

 

_________________________________

SIGNATURE OF THE PURCHSER 

WITNESSES;

 

1.     

 

    

2.    

 

 

 

 

Drafted & Prepared by;

 

 

Ashok Kumar Singh, Advocate

High Court Bar Association Room No. 15,

High Court Calcutta

Mobile Number : 9883070666 / 9836829666

Email : aksinghadvocate@rediffmail.com

MEMO OF CONSIDERATION

 

RECEIVED RS. 9,000/- (RUPEES NINE THOUSAND) ONLY IN MANNER AS STATED. HEREUNDER OUT OF TOTAL CONSIDERATION WORTH OF RS. 5,90,000/- (RUPEES FIVE LAKHS AND NINETY THOUSAND) ONLY IN RESPECT OF THE SAID THREE SHOPS AS SPECIFIED IN THE SCHEDULE- B WRITTEN HEREINABOVE: 

 

I, SRI SATYAJIT SANYAL RECEIVED RS. 3000/- (RUPEES THREE THOUSAND) ONLY BY CHEQUE BEING NO. 0387387 DATED 25.08.2022 WITH DRAWEE BANK NAMELY, STATE BANK OF INDIA, LAKE TOWN BRANCH, KOLKATA. 

 

__________________________________

SIGNATURE OF THE OWNER NO. 1 

 

I, SRI SARBAJIT SANYAL RECEIVED RS. 3000/- (RUPEES THREE THOUSAND) ONLY BY CHEQUE BEING NO. 0387388 DATED 25.08.2022 WITH DRAWEE BANK NAMELY, STATE BANK OF INDIA, LAKE TOWN BRANCH, KOLKATA. 

 

____________________________________

SIGNATURE OF THE OWNER NO. 2 

 

I, SRI PRASENJIT SANYAL RECEIVED RS. 3000/- (RUPEES THREE THOUSAND) ONLY BY CHEQUE BEING NO. 0387389 DATED 25.08.2022 WITH DRAWEE BANK NAMELY, STATE BANK OF INDIA, LAKE TOWN BRANCH, KOLKATA. 

 

 

_____________________________________

SIGNATURE OF THE OWNER NO. 3 

WITNESSES: 

 

1.        

 

     

2.