DEED OF PARTITION
THIS DEED OF PARTITION is made this day of 2014
BETWEEN
AND
SRI PRABHASH RANJAN DASGUPTA son of late Ramani Ranjan Dasgupta,
by faith Hindu, residing at flat no.8, Block-B of Ananda Abasan,229,
R.B.C.Road, Kolkata-700028 and SMT.
SARMISTHA SENGUPTA (nee Dasgupta) wife of Sri Partha Pratim Sengupta, by
faith Hindu, residing at Flat no. 302, joy Complex, 12H, Baisnabghata Lane,
Naktala, Kolkata-700047 the other co-owners of the OTHER PART.
WHEREAS the parties are the joint owners of
the property comprised an area of 3(Three) cottahas 14(Fourteen) chittacks
22(Twenty two) Sq.ft. be little more or less appertaining to R.S.Dag nos.1076
and 1078, R.S.Khatian nos. 711 and 712 formerly C.S. Dag nos.1076 and 1078,
Khatian nos.184 and 400 of Mouza- Baisnabhghata, J.L.no. 28, Pargana-Khaspur,
P.S.-Jadavpur, Touzi nos. 151 and 152 under the collectorate, District- South
24 Parganas, which is known and numbered as Premises No. 14, Sreerampore North,
P.S. Jadavpur, Kolkata- 700084 which was purchased by late Sudharani Sengupta
from Smt.Rohinibala Dutta by one registered deed conveyance being no.2676, book
no.1, volume no. 34, pages 252 to 257, in the year 1959 at the sub registered
office, Alipore.
AND WHEREAS the said late Sudharani Sengupta
after her purchased constructed one storied building thereon and during her
life time she lived together with her husband Arun kumar Sengupta since
deceased, her son Prabir Ranjan Sengupta and her daughter Smt. Manidipa
Dasgupta alias Sengupta.
AND
WHEREAS said Smt.Manidipa Dasgupta alias Sengupta died on 31st
October,1986 leaving behind her husband Sri Prabhas Rangan Dasgupta and her
daughter Smt. Sarmishta Sengupta (neeDasgupta).
AND WHEREAS late Sudharani Sengupta left behind
her legal heirs i.e.Sri Prabir Ranjan Sengupta(son), Sri Prabhas Rangan
Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta (neeDasgupta)(grand daughter)
and they were made one Development Agreement on 30th September,1992 with
Smt. Rina Poddar the Developer for developing their property.
AND WHEREAS the said developer developed and
constructed a building as per sanctioned plan over the said property and after
completion of the said building handed over the two flat in favour of the
owners as per owners allocation i.e. Sri Prabir Ranjan Sengupta get Flat no.6,
measuring about 750 sq.ft.,south-west on 2nd floor, at premises no. 14,Sreerampore
North,Garia, P.S. Jadavpur, Kolkata-700084 and Sri Prabhas Rangan
Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta (nee Dasgupta)(grand
daughter) get another Flat no. measuring
about 750 sq.ft., south facing on 1st floor, at premises no.
14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084.
AND WHEREAS said Sri Prabir Ranjan Sengupta died
on 30th May,2005 and left behind his successor namely Smt. Renuka
Sengupta(wife) and Smt.Sudeshna Majumder( nee Sengupta) his daughter.
AND WHEREAS said Smt. Renuka Sengupta(wife) and Smt.Sudeshna
Majumder( nee Sengupta) daughter of the deceased Prabir Ranjan Sengupta are the
owner of the Flat no.6, measuring about 750 sq.ft.,south-west on 2nd
floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084
and Sri Prabhas Rangan Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta
(nee Dasgupta)(grand daughter) get another Flat no. measuring about 750 sq.ft., south facing on 1st
floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084
are the joint owners of the said two Flat and they also muted their name in
Kolkata Municipal Corporation where the assessee No. 311101302822.
AND WHEREAS that the said Smt. Renuka Sengupta
and Smt.Sudeshna Majumder( nee Sengupta) will accept the property mentioned in
the First Schedule and Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta
(nee Dasgupta) will accept the property mentioned in the Second Schedule and
properties were valued equally.
AND WHEREAS the parties hereto are the joint owners
of the property comprised in the schedules hereto as absolute co-owners.
AND WHEREAS the parties have agreed to have the
same partitioned and divided by metes and bounds for better enjoyment and
effective control and dealings of their respective shares.
NOW IT IS HEREBY AGREED by and between the parties as
follows:-
1. That in pursuance of the said
agreement and in consideration of the absolute ownership acquired by the
parties in respect of the allotments hereunder made under and by virtue of
mutual transfers and releases hereunder effected, the said Sri Prabhas Rangan
Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) hereby and hereunder grant,convey,transfer
assure,assign,confirm and release unto the said Smt. Renuka Sengupta and Smt.Sudeshna
Majumder( nee Sengupta) ALL THAT the property set forth in the First Schedule
hereto together all areas, sewers, drains, water, water courses, lights,
liberties, easements, appendages and appurtenances whatsoever so as to
constitute the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee
Sengupta) the sole and absolute owner of the property comprised in the said
First Schedule freed and discharged from all rights in common and all claims,
demands whatsoever of the parties of the other parts concerning the same and TO
HAVE TO HOLD the same absolutely and for ever in fee simple in severalty
against the said Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee
Dasgupta).
2. That in pursuance of the said
agreement and in consideration of the absolute ownership acquired by the
parties in respect of the allotments hereunder made under and by virtue of
mutual transfers and releases hereunder effected, the said said Smt. Renuka
Sengupta and Smt.Sudeshna Majumder( nee Sengupta) hereby and hereunder
grant,convey,transfer assure,assign,confirm and release unto the said Sri
Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) ALL THAT the
property set forth in the Second Schedule hereto together all areas, sewers,
drains, water, water courses, lights, liberties, easements, appendages and
appurtenances whatsoever so as to constitute the said Sri Prabhas Rangan
Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) the sole and absolute owner of the property
comprised in the said Second Schedule freed and discharged from all rights in
common and all claims, demands whatsoever of the parties of the other parts
concerning the same and TO HAVE TO HOLD the same absolutely and forever in fee
simple in severalty against the said Smt. Renuka Sengupta and Smt.Sudeshna
Majumder( nee Sengupta).
3. The documents of title relating to
the property shall be retained by the said Smt. Renuka Sengupta and
Smt.Sudeshna Majumder( nee Sengupta), who shall enter into a covenant in favour
of Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) as to
their production and delivery of copies thereof and an undertaking for safe
custody.
5. Each party shall enter upon their
respective allotments and hold, possess and enjoy the same in severalty
absolutely against each other without any claim, demand or interruption
whatsoever.
6. Each party shall, at the request and
cost of the other parties, do execute and perform or cause to be done, executed
and performed all and every such acts, deeds and things or writings whatsoever
as may be required for further better and more perfectly assuring the
allotments hereunder made or for rectification of any error or omission.
7. This partition shall not be reopened
nor challenged under any circumstances by reason of any error or omission
whatsoever, but the parties shall execute and register such further deed or
deeds or writings as may be necessary to rectify the error or errors or
implement the omission or commissions.
8. The Deed of Partition shall be
executed in duplicate and all the costs, charges and expenses of and incidental
to this agreement and the partition to be made in pursuance before shall be
borne and paid by the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee
Sengupta) and Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee
Dasgupta) in equal shares.
The First Schedule above referred to
Smt. Renuka Sengupta and Smt.Sudeshna
Majumder( nee Sengupta)
ALL THAT complete flat super build up area
measuring 750 sq.ft. Flat no.6, at the
2nd floor towards south-west facing of the building containing 2(Two) Bed rooms,
1(One) Dining, 1(One) Kitchen,2(Two) Toilet, 1(One)store room with varandha at
premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084, K.M.C.assessee
No. 311101302822 along with the undivided impartibly proportionate share of
interest of the land of the said property and all the common areas, facilities
areas faces profit and all other common maintenance and management charges and
shown and delineated in the RED
Border in a map annexed hereto.
The Second Schedule above referred
to
Sri Prabhas Rangan Dasgupta and Smt.
Sarmishta Sengupta (nee Dasgupta)
ALL THAT complete flat super build up area
measuring 750 sq.ft. Flat no. , at the
1st floor towards south facing of the building containing
3(Three) Bed rooms, 1(One) Dining, 1(One) Kitchen,2(Two) Toilet with varandha at premises no. 14,Sreerampore
North,Garia, P.S. Jadavpur, Kolkata-700084, K.M.C.assessee No. 311101302822
along with the undivided impartibly proportionate share of interest of the land
of the said property and all the common areas, facilities areas faces profit
and all other common maintenance and management charges and shown and
delineated in the GREEN Border in a
map annexed hereto.
IN WITNESS WHEREOF the parties hereto have executed
these presents in duplicate on the day, month and year first above – written.
WITNESSES :
1.
------------------------------------------------
Signature of the One Part
Smt.
Renuka Sengupta and
Smt.Sudeshna
Majumder( nee Sengupta)
2.
------------------------------------------------------
Signature of the Other Part
Sri Prabhas Rangan
Dasgupta and
Smt. Sarmishta Sengupta (nee Dasgupta)
Drafted by:
Snehasish Sutradhar
Advocate
Alipore Judges Court
Kolkata-
700027
Computer
Print by :
Jay Mataji Print
Alipore Judges Court
Kolkata-
700027
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