Saturday, November 25, 2023

Agreement between Investor and Developer

                                  Agreement between Investor and Developer

 

MEMORANDUM OF AGREEMENT made this             day of July, 2014(Two Thousand Fourteen) BETWEEN

MRS. SABITA DASGUPTA wife of Debasis Dasgupta, aged about          yrs, by faith- Hindu, by ocuupation- Housewife residing at Peyarabagan, Post Office- Laskarpur, Police Station- Sonarpur, Kolkata-700153 hereinafter referred to as Investor (which expression shall unless excluded by or repugnant to the subject or context hereof be deemed to mean and include his heirs, executors, administrators, representatives and assigns) of the ONE PART.                     

 

                                                               AND

 

M/S. R.C.ENTERPRISE, proprietor ship concern having its registered office at 625, Litchutala Road, P.O. Boral, P.S. Sonarpur Kolkata – 700154 represented by its partner namely Mr. Chanchal Sarkar son of Makhan Lal Sarkar by faith Hindu by occupation- business residing at Sukanta pally, P.O. Boral, P.S. Sonarpur Kolkata – 700154 and another partner Mr.Ranjan Kr.Thatoi son of late Nilmani Thato by faith Hindu by occupation- business residing at 625, Litchutala Road, P.O. Boral, P.S. Sonarpur Kolkata – 700154 herein after called and referred to as the DEVELOPER/PROMOTERS(which expression shall unless excluded by or repugnant to the context be deemed to include their heirs, executors, administrators, legal representatives, and assigns) SECOND  PART.

 

 

WHEREAS the Developer made one agreement with owner for develop and construction a multistoried building over the owners property and which is mentioned in the Schedule “A”.

AND WHEREAS the Investor invest Rs.1, 00,000/-(Rupees One Lac only) to the Developer work for the aforesaid construction which was constructed by the Developer over the owners property.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as follows:

1.     In pursuance of this agreement and in consideration of the payment of Rs.1,00,00/- as mentioned above by the Investor invest for construction over the owners property to the Developer and the Developer hereby agrees to deliver to the investor 25%(Twenty five percent) of the total F.A.R. from the Developer allocation in respect of Flat and one car parking space complete  in the proposed building together with undivided undemarcated indivisible proportionate share along with all rights, facilities, privileges, benefits, advantages, attached therein and thereto along with all undivided common user rights and facilities in common area of owners entire land property mentioned in the Schedule “A” hereunder written.

 

2.     That the Developer agrees to deliver to the investor 25%(Twenty five percent) of the total F.A.R. from the Developer allocation in respect of Flat and one car parking space after completion of the proposed building as per the norm of Developer Agreement which was made by Developer and Owner and if the Developer is unable to deliver possession to the Investor which is mentioned above and which is mentioned in the Schedule “B” hereunder written, the Developer can refund the aforesaid amount which was invest by the Investor with simple interest.

 

3.     That the Investor will pay proportionately the rates and taxes respect of his allocation in the new proposed building till the same is separately assessed in his favour by the appropriate authority or authorities concern from the date of delivery of possession of his allocation in the new building, after assessment of the Investor allocation, the Investor will be liable to pay all such rates and taxes separately. The Investor shall also be liable to pay proportionately the common expenses and expenditure to be incurred to maintain the building in good habitable condition in respect of his allocation with other owners of the Flats and spaces.

 

 4.      That the Developer shall complete the construction of the building  in all respect and make ready for possession of the aforesaid share of the Investor on or before the stipulated time which has mentioned in the developer agreement with owner.

 

5.     The Developer shall not be liable for any loss caused by acts of God or other unforeseen circumstances making it impossible for the Developer to construct the said building and to deliver possession of the aforesaid share of the Investor on or before the stipulated time which has mentioned in the developer agreement with owner.

 

6.     The Developer shall arrange for execution and registration of the Deed of Conveyance by the Registered Power of Attorney of the Land Owner in respect of the aforesaid share i.e. 25%(Twenty five percent) of the total F.A.R. from the Developer allocation in favour of the Investor but the Investor agrees to bear and/or pay the cost of registration of Deed of Conveyance including the stamp duty and all charges separately.

 

7.     The Investor shall become the absolute owner in respect of the aforesaid share i.e. 25 %( Twenty five percent) of the total F.A.R. from the Developer allocation after mutation and/or after registration of the said Deed of Conveyance.

 

8.     In the event the Developer fails or neglects to complete the sale as aforesaid or otherwise to carry out any one or more of the obligations on its part as provided in this agreement or otherwise required by law the Investor shall be at liberty to enforce specific performance of this agreement by institution of legal proceedings or at his option sue the Developer for recovery of the aforesaid amount.  

 

9.     The Investor agrees to bear all the common expenses with other flat-owners as will be settled among themselves.

 

                        SCHEDULE “A” ABOVE REFERED TO:

          (I.e. the entire property of the owner on which the proposed

            new Building will be constructed by the Developer.) 

 

ALL THAT piece and parcel of Homestead land containing by estimation of an area measuring more or less               sq.ft.  be the same a little more or less, together with existing one storied building standing thereon, lying and situate at Mouza-                 , in Dag no.            , Khatian no.           , under P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas, now within the ambit of Rajpur-Sonarpur Municipal Corporation, being known and numbered as Premises No.                        P.O.Laskarpur, P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas, which is butted and bounded as follows :-

 

On the North:

 

On the South:

 

On the East:

 

On the West:

 

 

 

 

 

 

 

 

 

 

 

 

                                   SCHEDULE “B” ABOVE REFERED TO:    

         (I.e. the Investor share of allocation in the proposed new Building)   

 

ALL THAT piece and parcel of 25%(Twenty five percent) of the total F.A.R. from the Developer allocation in respect of Flat and one car parking space together with undivided undemarcated indivisible proportionate share or interest in the land, mentioned in the schedule “A” hereinabove written, retained by the owner along with all rights, facilities, privileges, benefits, advantages attached therein and thereto along with all undivided common user rights on common areas towards owner’s share of allocation, lying and situate at Mouza-         , in Dag No.             being the part and portion of the Premises No.                          , P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, within the limits of the Rajpur-Sonarpur Municipality.

 

 

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands seals and signatures on these presents the day, month and the year first above written.

 

SIGNED & DELEVERED by the

Parties at Calcutta in the

Presence of:-

 

1.                                                                            -------------------------------------------

                                                                              (Signature of the partner of                 

                                                                               M/S. R.C.ENTERPRISE for themselves

                                                                               and being the lawful constituted

                                                                                            Attorneys for and on behalf of other

                                                                                            Partners.)  

2.

 

 

 

                                                                      -------------------------------------------------

                                                                            (Signature of the Investor namely

                                                                                                                 Mrs. Sabita Dasgupta)

Prepared and drafted

By:

 

                    

         Advocate                                                                                       

                                 

 

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