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.
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.
(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:
(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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