AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made
on this ……… day of ……………., 2024;
B E T W E
E N
(1) SRI JYOTI PROKASH CHAKRABORTY, (having PAN
– ACNPC7031N & AADHAAR NO. 3578 0009 5202), son of
Late Chandi Charan Chakraborty, by occupation – Business, by faith – Hindu, by
Nationality – Indian, residing at Sahebpara, Sonarpur Station Road, P.O. &
P.S. Sonarpur, Kolkata – 700150, (2)
SMT. SANDHYA CHAKRABORTY, (having PAN – ANWPC2554J & AADHAAR NO. 6130 6014
2034), daughter of Late Chandi Charan Chakraborty, by occupation – Housewife,
by faith – Hindu, by Nationality – Indian, residing at Sahebpara, Sonarpur
Station Road, P.O. & P.S. Sonarpur, Kolkata – 700150, (3) SMT. KALPANA CHAKRABORTY, (having PAN – ANWPC0367P & AADHAAR
NO. 6495 8723 5609), daughter of Late Chandi Charan Chakraborty, by
occupation – Housewife, by faith – Hindu, by Nationality – Indian, residing at
Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur, Kolkata – 700150, (4) DR. ALPANA CHAKRABORTY, (having PAN –
AJLPC0799E & AADHAAR NO. 3324 0302 8669), daughter of Late Chandi
Charan Chakraborty, by occupation – Service, by faith – Hindu, by Nationality –
Indian, residing at Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur,
Kolkata – 700150, (5-A) SMT. PROVA
CHAKRABORTY, (having PAN – AJXPC7121J & AADHAAR NO. 8467 6408 4874),
wife of Late Debi Charan Chakraborty, by occupation – Housewife, by faith –
Hindu, by Nationality – Indian, residing at Sahebpara, Sonarpur Station Road,
P.O. & P.S. Sonarpur, Kolkata – 700150, (5-B) SRI DEBDIPTA CHAKRABORTY, (having PAN – BRCPC9359R & AADHAAR
NO. 9716 8720 8970), son of Late Debi Charan Chakraborty, by occupation –
Student, by faith – Hindu, by Nationality – Indian, residing at Sahebpara,
Sonarpur Station Road, P.O. & P.S. Sonarpur, Kolkata – 700150, (5-C) SRI SOUMODIPTA CHAKRABORTY, (having
PAN – BWVPC5060N & AADHAAR NO. 3226 6463 1981), son of Late Debi Charan
Chakraborty, by occupation – Student, by faith – Hindu, by Nationality –
Indian, residing at Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur,
Kolkata – 700150, hereinafter jointly &
collectively called and referred to as “the
VENDORS” (which terms or expression unless excluded by or repugnant to
the subject or context shall be deemed to mean and include their successor or
successors in Office and/or assigns) of the ONE PART.
AND
MANGOE CONSTRUCTION
PRIVATE LIMITED (PAN –AAFCM1277P), a company within the meaning of
The Companies Act, 2013, having its registered office at ‘Diamond Prestige’, 41A, A J C Bose Road, 9th Floor,
Post Office - Park Street, Police Station - Park Street, Kolkata- 700017,
represented by its DIRECTOR, SMT.
RANJANA SEN, (PAN: AKOPS6726P & AADHAAR NO. 3412 2397 2987), wife of
Late Sankar Sen residing at 53A, Lake
Place, Post Office - Sarat Bose Road, Police Station - Tollygunge, Kolkata -
700029 authorized and empowered in terms of Resolution hereinafter referred to
as “PURCHASER” (which terms
or expression shall, unless it be repugnant to the context or meaning thereof,
be deemed to mean and include its successors in interest and assigns) of the OTHER PART;
WHEREAS (1)
Prativa Chakraborty (since deceased), wife of Late Chandi Charan Chakraborty,
(2) Smt. Prova Chakraborty, wife of Late Debi Charan Chakrabarty self &
natural Guardian of (i) Sri Debdipta Chakraborty & (ii) Sri Soumyaditya
Chakraborty, both are sons of Late Debi Charan Chakraborty, (3) Sri Jyoti
Chakraborty, son of Late Chandi Charan Chakraborty, (4) Smt. Sandhya
Chakrabarty, daughter of Late Chandi Charan Chakraborty, (5) Smt. Kalpana
Chakrabarty, daughter of Late Chandi Charan Chakraborty, (6) Dr. Alpana
Chakrabarty, daughter of Late Chandi Charan Chakraborty claim to be the
absolute owners in respect of the property more fully described in the First Schedule
herein below by way of inheritance and on the strength of the record in R.S.
Khatian No. 136, R.S. Dag No. 643, which stands in the name of Chandi Charan
Chakraborty.
AND
WHEREAS subsequent to the demise of said Chandi Charan Chakrabarty, Prativa
Chakraborty (since deceased), wife of Late Chandi Charan Chakraborty (the
owners therein) claim themselves to be the absolute owners of the First Scheduled
property by way of inheritance from the said Chandi Charan Chakrabarty and L.R.
Khatian No. 181, L.R. Dag No. 670 the name of the owners therein are duly
recorded. The owners therein have duly paid rent to the State of West Bengal
and the owners therein are duly recorded in the Assessment Register of Rajpur
Sonarpur Municipality and the owners therein have duly paid Municipal Taxes. The
Owners therein undertaken that other than the owners therein, there is no heir
of Chandi Charan Chakrabarty, since deceased.
AND
WHEREAS the owners therein desirous to construct a multi-storied building
in the First Scheduled property and due to their paucity of fund and lack of
technical knowhow were in search for a developer who is capable of taking the
venture of construction of a multi-storied building on the First Scheduled
property at his own cost and expertise.
AND
WHEREAS SRI RAM CHANDRA GHOSH, (PAN – AIEPG3738R & AADHAAR NO. 8748 7983
9872), son of Late Kanailal Ghosh, residing at ‘ABIRBHAB APARTMENT’, 117
Aghore Sarani, Rajpur, P.O. Rajpur, P.S. Sonarpur, Kolkata – 700149, District –
South 24 Parganas, the Developer/Other Part therein learning about the
aforementioned decision of the owners/First Part therein met the owners/first
part therein and gave them the proposal for construction of the multi-storied
building.
AND
WHEREAS after negotiation both the parties to the agreement namely the owners
and the developer agreed to terms and conditions more particularly set forth therein
and both the parties entered into a Development Agreement duly executed on
14.11.2014 & registered on 19.11.2014 before A.D.S.R.O. Sonarpur, South 24
Parganas and recorded in Book No. I, CD Volume number 23, Page from 6560 to 6588,
being No. 11259 for the year 2014 and also executed General Power of Attorney
dated 19th day of November, 2014 duly registered before A.D.S.R.O.
Sonarpur, South 24 Parganas and recorded in Book No. I, CD Volume number 23,
Page from 6545 to 6559, being No. 11260 for the year 2014 in favour of Sri Ram Chandra Ghosh, son of Late
Kanailal Ghosh, the Developer therein for construction the said multi-storied
building over the First Schedule mentioned property as per the sanctioned
building plan to be sanctioned by the Rajpur Sonarpur Municipality.
AND
WHEREAS Prativa Chakraborty, wife of Late Chandi Charan Chakraborty and others
the owners therein by virtue of the aforesaid Development Agreement and General
Power of Attorney granted exclusive right to Sri Ram Chandra Ghosh, son of Late Kanailal Ghosh,
Proprietor of Abir Construction, the
Developer therein to undertake the construction of multi-storied
building in accordance with the sanctioned Plan vide Sanctioned Memo No. 66/CB/10/10
dated 19/08/2016 and revised Plan No. 38/COMP/CB/10/15 dated 09.09.2020 sanctioned
by the Rajpur Sonarpur Municipality.
AND
WHEREAS a deed of confirmation of allotment, demarcation and as regards
possession of the total F.A.R. along with common area etc. among the then
respective owners of the One Part, the present Vendor Nos. 1 to 5A and the
Developer of the other Part as per respective schedule was executed on last 16th
December 2016 as Supplementary to the Original Development Agreement.
AND
WHEREAS said Smt. Prativa Chakraborty, one of the co-owner of the First Part
therein died intestate on 29.09.2019 leaving behind her legal heirs and
successors namely Sri Jyoti Prokash Chakraborty, Smt. Sandhya Chakraborty
(unmarried daughter), Smt. Kalpana Chakraborty (unmarried daughter), Dr. Alpana
Chakraborty (unmarried daughter), Smt. Prova Chakraborty (daughter-in-law),
wife of Late Debi Charan Chakraborty, who died on 09.11.2012), Sri Debdipta
Chakraborty, grandson, the son of her pre-deceased son Late Debi Charan
Chakraborty, who died on 09.11.2012 and Sri Soumodipta Chakraborty, grandson,
the son of her pre-deceased son Late Debi Charan Chakraborty, who died on
09.11.2012 as her legal heirs and successors and also the said Sri
Debdipta Chakraborty & Sri
Soumodipta Chakraborty, both sons of
Late Debi Charan Chakraborty are adult now.
AND
WHEREAS upon the consequence of the death of Smt. Prativa Chakraborty, the said
previous Power of Attorney got invalid and cancelled and as such the name of
the demised Prativa Chakraborty is required to be expunged therefrom.
AND
WHEREAS (1) Sri Jyoti Prokash Chakraborty,
(2) Smt. Sandhya Chakraborty, (3)
Smt. Kalpana Chakraborty, (4) Dr.
Alpana Chakraborty, legal heirs of
son of Late Chandi Charan Chakraborty and Late Prativa Chakrabory and (5-A)
Smt. Prova Chakraborty, wife of Late Debi Charan Chakraborty, (5-B) Sri
Debdipta Chakraborty, son of Late Debi Charan Chakraborty, (5-C) Sri Soumodipta Chakraborty, son of Late Debi Charan Chakraborty
executed a Development Power of Attorney dated 10.02.2020 duly registered
before A.D.S.R.O. Sonarpur, South 24 Parganas and recorded in Book No. I,
Volume number 1608-2020, Page from 15485 to 15528, being No. 160800591 for the
year 2020 in favour of Sri Ram Chandra
Ghosh, son of Late Kanailal Ghosh, Proprietor of Abir Construction, the Developer therein to do all acts i.e. to look
after, manage, sign various papers/documents and completion of the said
multi-storied building.
AND
WHEREAS accordingly the said Sri Ram
Chandra Ghosh, son of Late Kanailal Ghosh, Proprietor of Abir Construction, the Developer therein constructed
the said G+IV storied building over the First scheduled property and as per the
terms of the Development Agreement in the year 2014 & also Supplementary
Agreement in the year 2016 and sanctioned Plan No.66/CB/10/10 dated 19/08/2016
and the said Sri Ram
Chandra Ghosh, son of Late Kanailal Ghosh, Proprietor of Abir Construction, the Developer handed
over 50% of the total constructed area, the share of Owners’ allocation in
favour of (1) Sri
Jyoti Prokash Chakraborty, son of Late Chandi Charan Chakraborty,
residing at Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur, Kolkata
– 700150, (2) Smt. Sandhya Chakraborty, daughter
of Late Chandi Charan Chakraborty, residing at Sahebpara, Sonarpur Station
Road, P.O. & P.S. Sonarpur, Kolkata – 700150, (3) Smt. Kalpana Chakraborty, daughter of Late Chandi Charan
Chakraborty, residing at Sahebpara, Sonarpur Station Road, P.O. & P.S.
Sonarpur, Kolkata – 700150, (4) Dr.
Alpana Chakraborty, daughter of Late Chandi Charan Chakraborty, residing at
Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur, Kolkata – 700150, (5-A) Smt. Prova Chakraborty, wife of
Late Debi Charan Chakraborty, residing at Sahebpara, Sonarpur Station Road,
P.O. & P.S. Sonarpur, Kolkata – 700150, (5-B) Sri Debdipta Chakraborty, son of Late Debi Charan
Chakraborty, residing at Sahebpara, Sonarpur Station Road, P.O. & P.S.
Sonarpur, Kolkata – 700150, (5-C) Sri
Soumodipta Chakraborty, son of Late Debi Charan Chakraborty, residing at
Sahebpara, Sonarpur Station Road, P.O. & P.S. Sonarpur, Kolkata – 700150, the landowners by a Letter
of Possession dated 07.02.2020 and whereunder
the said Developer specified the owners’ allocation in the said building in
such form i.e. (1) Sri
Jyoti Prokash Chakraborty, son of Late Chandi Charan Chakraborty, (2) Smt. Sandhya Chakraborty, daughter
of Late Chandi Charan Chakraborty, (3)
Smt. Kalpana Chakraborty, daughter of Late Chandi Charan Chakraborty, (4) Dr. Alpana Chakraborty, daughter of
Late Chandi Charan Chakraborty, (5-A)
Smt. Prova Chakraborty, wife of Late Debi Charan Chakraborty, (5-B) Sri Debdipta Chakraborty, son of
Late Debi Charan Chakraborty, (5-C) Sri
Soumodipta Chakraborty, son of Late Debi Charan Chakraborty, (the
landowners) exclusively allotted vacant and on the spot possession, out of
which one Shop being No. “________” on the Ground Floor – ___________
side, having Carpet area more or less 1289 sq.ft., Super built up area
more or less 1399 sq.ft. and another Commercial Space marked as ‘_______’ in
the First Floor – _____________ side, measuring Carpet area more less
1391 sq.ft., Super built up area more or less 1520 sq.ft. with lift
facility and Tiles flooring in the said newly constructed (G+IV) multi-storied
building named as “_____________” after getting the aforesaid units they
have become the owners of the same, lying and situated at Mouza – Noapara, J.L. No. 40, comprised
and contained in R.S. Khatian No. 136, L.R. Khatian No. 181, 2267, 2269, 2270,
2271, 2272, 2291, 2292, 2294, R.S. Dag No. 643, L.R. Dag No. 670 within the
local limits of Rajpur- Sonarpur Municipality under Ward No. 10, Holding No.
639, Noapara Road, P.S. Sonarpur, within the Jurisdiction of A.D.S.R.O.
Sonarpur, District – South 24 Parganas.
AND
WHEREAS in terms of the said Development Agreement the vendors herein are
entitled to sell, transfer and convey one Shop being No. “________” on
the Ground Floor – _____________ side, having Carpet area more or less
1289 sq.ft., Super built up area more or less 1399 sq.ft. and another Commercial
Space marked as ‘______’ in the First Floor – _____________ side, measuring
Carpet area more or less 1391 sq.ft., Super built up area more or less 1520
sq.ft. aggregating in total Carpet area more or less 2680 sq.ft. and Super built up area
more or less 2919 (Two thousand nine
hundred nineteen) sq.ft. jointly
called the said UNIT with lift facility and Tiles Flooring of the G+IV storied Residential-cum-Commercial
building having Holding No. 639, Noapara, under Ward No. 10 of Rajpur -
Sonarpur Municipality, P.S. Sonarpur, within the jurisdiction of A.D.S.R.O.
Sonarpur, District – South 24 Parganas Together with proportionate
undivided indivisible impartible variable share in the land comprised in the
said Premises containing an area of 16 decimal more or less of the said
building at the said Premises (which the said Premises is described in the FIRST SCHEDULE hereunder written) TOGETHERWITH proportionate undivided
indivisible impartible variable share in the Common Areas and installations in
the said building and installations in the said building and said Premises,
with right to use and enjoy the same in common (all collectively described in
the Second Schedule hereunder
written and hereinafter collectively referred to as “the said Units and the properties appurtenant thereto”), absolutely and
forever free from all encumbrances and liabilities whatsoever.
B. (1) Sri Jyoti Prokash Chakraborty, (2) Smt. Sandhya Chakraborty, (3) Smt. Kalpana Chakraborty, (4) Dr. Alpana Chakraborty, legal heirs of Late Chandi Charan
Chakraborty and Late Prativa Chakrabory and (5-A) Smt. Prova Chakraborty, wife
of Late Debi Charan Chakraborty, (5-B) Sri Debdipta Chakraborty, son of Late
Debi Charan Chakraborty, (5-C) Sri
Soumodipta Chakraborty, son of Late
Debi Charan Chakraborty, the Vendors herein are the joint and absolute owners
of the said Units and the properties appurtenant thereto, free from all
encumbrances mortgages charges leases tenancies liens lispendens attachments
trusts uses debutters restrictions restrictive covenants acquisition
requisition alignment and liabilities whatsoever or howsoever.
C. (1) Sri Jyoti Prokash Chakraborty, (2) Smt. Sandhya Chakraborty, (3) Smt. Kalpana Chakraborty, (4) Dr. Alpana Chakraborty, legal heirs of son of Late Chandi
Charan Chakraborty and Late Prativa Chakrabory and (5-A) Smt. Prova
Chakraborty, wife of Late Debi Charan Chakraborty, (5-B) Sri Debdipta
Chakraborty, son of Late Debi Charan Chakraborty, (5-C) Sri Soumodipta Chakraborty,
son of Late Debi Charan Chakraborty, the Vendors herein are the absolute
owners of the said Units and the properties appurtenant thereto, free from all
encumbrances mortgages charges leases tenancies liens lispendens attachments
trusts uses debutters restrictions restrictive covenants acquisition
requisition alignment and liabilities whatsoever or howsoever.
E. (1) Sri Jyoti Prokash Chakraborty, (2) Smt. Sandhya Chakraborty, (3) Smt. Kalpana Chakraborty, (4) Dr. Alpana Chakraborty, legal heirs & son of Late Chandi
Charan Chakraborty and Late Prativa Chakrabory and (5-A) Smt. Prova
Chakraborty, wife of Late Debi Charan Chakraborty, (5-B) Sri Debdipta
Chakraborty, son of Late Debi Charan Chakraborty, (5-C) Sri Soumodipta Chakraborty,
son of Late Debi Charan Chakraborty, the Vendors herein have contacted with
MANGOE
CONSTRUCTION PRIVATE LIMITED (PAN NO –AAFCM1277P), a company
within the meaning of The Companies Act, 2013, having its registered office at
‘Diamond Prestige’, 41A, A J C Bose Road, 9th Floor, Post Office -
Park Street, Police Station- Park Street, Kolkata- 700 017, represented by its DIRECTOR, SMT. RANJANA SEN, hereinafter
referred to as the “PURCHASER”, to
sell convey and transfer and the Purchaser herein agreed to purchase the
aforesaid and below schedule mentioned Unit and the properties appurtenant
thereto from the Vendors herein for a total consideration of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only and to
that vendors have agreed.
NOW THIS AGREEMENT
WITHNESSETH and it is hereby and hereunder
agreed by and between the parties as follows:-
That in terms of this agreement as aforesaid the vendors herein have
agreed to sell and the purchaser herein have agreed to purchase All That one Shop being No.
“______” on the Ground Floor – _______________ side, having Carpet
area more or less 1289 sq.ft., Super built up area more or less 1399 sq.ft.
and another Commercial Space marked as ‘_______’ in the First Floor – _____________
side, measuring Carpet area more less 1391 sq.ft., Super built up area
more or less 1520 sq.ft. aggregating in total Carpet area more or
less 2680 sq.ft. and Super built up
area more or less 2919 (Two thousand
nine hundred nineteen) sq.ft. with lift
facility and Tiles flooring of the said building and _____ (_________) car parking space bearing Nos. ___________ in the
______________________________________ at the Premises having Holding No. 639
Noapara, Ward No. 10 of Rajpur-Sonarpur Municipality, South 24 Parganas Together
with proportionate undivided indivisible impartible variable share in the land
containing an area of 16 decimal of the said G+IV building at the said Premises
(which the said Premises is described in the FIRST SCHEDULE hereunder written) Together With proportionate undivided indivisible impartible
variable share in the Common Areas and installations in the said building and
installations in the said building and said Premises, with right to use and
enjoy the same in common (all collectively described in the SECOND SCHEDULE hereunder written and
hereinafter collectively referred to as “the said Units and the properties appurtenant thereto”), absolutely and
forever free from all encumbrances and liabilities whatsoever for the amount of consideration payable to the Vendors by the purchaser as agreed, for the said
aforementioned commercial unit at Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only subject to deduction of taxes as
may be applicable free from all
encumbrances.
1.
(a) The purchaser on execution of this agreement have paid to the
Vendors herein to the tune of Rs.75,00,000/-
(Rupees Seventy Five Thousand) only as in part payment of total
consideration of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only for sale of the said units in favour of the purchaser and the Vendors
herein formerly acknowledge the receipt thereof as per memo of consideration as
detailed herein, and would further pay balance consideration in terms Fourth Schedule.
(b) Further Rs.75,00,000/- (Rupees Seventy Five
Thousand) only will be paid by the Purchaser to the Vendors within 21 days
from the date of execution of this Agreement for Sale.
(c) Balance
Rs.2,46,90,000/- (Rupees Two Crore Forty
Six Lakh Ninety Thousand) only will be paid by the Purchaser to the Vendors
at the time of registration or completion of registration within 15th
day of December 2024.
2.
At or before the execution of this Agreement the Vendors have represented
that-
(a) The said Property is free from all encumbrances charges liens
lispendens requisitions attachments trusts of whatsoever nature.
(b) The Vendors undertake that the said Commercial units are free from all encumbrances, having good and marketable title
thereto.
(c) The Vendors are entitled and
Competent to transfer the said Units as mentioned in the Schedule hereunder.
(d) The Vendors have agreed to handover the all
original connected documents with the plan sanctioned by the authorities concerned on or before the date of completion of Deed of
Conveyance.
(e) The Vendors shall satisfy the Purchaser regarding all the
title documents and shall complete or facilitate
the purchaser to obtain all
statutory clearances in connection with
the units mentioned in schedule prior to handover or completion of Deed of
Conveyance .
(f) The schedule property is not mortgaged with any Bank of India.
(g) The purchaser may take inspection of the said Unit in
presence of the Vendors or their representative or Architect;
3.
Upon payment of the entire balance
consideration payable to the vendors, the Vendors shall execute and cause to
register a Deed of conveyance in favour of the purchaser through the appointed
advocate of the purchaser Pertaining to the said unit more fully and
particularly described in the SCHEDULE hereunder written and the purchaser
shall bear the cost and expenses for registering the Deed of conveyance.
4.
That if the
property intended to be sold is found to have been charged, encumbered, defective
or otherwise the same is not free from all encumbrances or vendor fails to
complete and comply the terms mentioned herein in this agreement, then the
Purchaser shall not purchase the said property and the Vendors mentioned shall
on demand refund the advanced money to the Purchaser together with Banking
interest.
5.
The Vendors shall save harmless indemnify and keep
indemnified the purchaser against all encumbrances, charges and equities
whatsoever if so found to have been created or suffered by the vendor relating
to the said premises and also against any arrears, if so accrued, prior to the
date of these presents on account of municipal rates and taxes, surcharge,
other taxes, impositions, levies, cess and outgoing etc. relating to the said
premises.
6.
If the Vendors refuse to execute proper Deed of
Conveyance in favour of the Purchaser or their nominees in that event the
purchaser shall be at liberty to enforce Specific Performance of Contract and
shall get the Deed Registered with the help of any Court of law having
jurisdiction.
7.
If any of the statements or covenants made herein
before by the Vendors are found to be false, untrue or any defect in title is
detected hereafter the Vendors shall be liable for the same. If any error or
omission is found in this Agreement in future the Vendors shall at the cost and
request of the Purchaser execute or cause to be done and executed any sort of
Declaration/ Rectification or any Supplementary Deed or agreement in favour of
the Purchaser or its Directors, legal representatives, successors-in-officer
and assigns in order to establish the right, title and interest of the
Purchaser in the said property.
8.
Force Majeure Clause: the
parties hereto shall not be considered to be liable for any obligation
hereunder to the extent the performance of the relative obligations may be
prevented by the existence of force majeure, and shall be suspended from such
obligation during the duration of the force majeure and Force Majeure shall
mean earthquake, riot, war, storm, tempest, civil commotion, as are beyond the
control of any of the parties.
9.
Only the Courts in Kolkata shall have the
jurisdiction to entertain try and determine all actions and proceedings between
the parties hereto relating to or arising out of or under this agreement or
connected therewith including the arbitration as provided hereinabove.
10.
Unless otherwise expressly mentioned herein all
notices to be served hereunder by any of the parties on the other shall be
deemed to have been served, if served by hand or sent by registered post with
acknowledgment due at the address of the other party mentioned hereinabove or
hereafter notified in writing and irrespective of any change of address or
return of the cover sent by registered post without the same being served. None
of the parties shall raise any objection as to service of the notice deemed to
have been served as aforesaid.
THE FIRST SHCEDULE ABOVE
REFERRED TO :
(Premises)
ALL THAT piece and
parcel of ‘Bastu’ land measuring 16
decimal along with a G+IV storied Residential-cum-Commercial building
standing thereon, which is lying and situated at Mouza – Noapara, J.L. No. 40, comprised and contained in R.S.
Khatian No. 136, L.R. Khatian Nos. 181, 2267, 2269, 2270, 2271, 2272, 2291,
2292, 2294, R.S. Dag No. 643, L.R. Dag
No. 670 within the local limits of Rajpur- Sonarpur Municipality under Ward
No. 10, Holding No. 639, Noapara
Road, P.S. Sonarpur, within the Jurisdiction of A.D.S.R.O. Sonarpur, District –
South 24 Parganas, which is butted and bounded by :-
ON THE
NORTH : Land of Krishnadhan Chakraborty.
ON THE EAST : Station Road.
ON THE SOUTH : Owners land &
Common Passage.
On the West : Land of Ramen Naskar.
OR HOWSOEVER OTHERWISE the same
now are or is or at any time heretofore were or was situated, butted, bounded,
called, known, numbered, described and/or distinguished.
THE SECOND SCHEDULE ABOVE REFERRED
TO :
(Said Units)
ALL
THAT piece and parcel of one Shop being No. “_________” on the Ground Floor –
_______________ side, having Carpet area more or less 1289 sq.ft., Super
built up area more or less 1399 sq.ft. and another Commercial Space marked
as ‘_______’ in the First Floor – ___________ side, measuring Carpet
area more less 1391 sq.ft., Super built up area more or less 1520 sq.ft. aggregating
in total Carpet area more or less 2680
sq.ft. and Super built up area more or less 2919 (Two thousand nine hundred nineteen) sq.ft. with Lift Facility and Tiles flooring along with proportionate share of
land underneath of the G+IV storied Residential cum Commercial building
of the said Premises No. 639, Noapara Road under Ward No. 10 of Rajpur -
Sonarpur Municipality, P.S. Sonarpur, within the Jurisdiction of A.D.S.R.O.
Sonarpur, District – South 24 Parganas more fully described in the FIRST SCHEDULE hereinabove written.
With
Right to park __________ number of
medium sized motor car in the _______________, Bearing Nos. _____________________.
The details of units are as follows :-
|
Floor |
Carpet
Area |
Super
Built up Area |
|
Ground Floor |
1289 sq.ft. |
1399 sq.ft. |
|
First Floor |
1391 sq.ft. |
1520 sq.ft. |
|
Total :- |
2680 sq.ft. |
2919 sq.ft. |
THE THIRD SCHEDULE ABOVE REFERRED TO
The Vendors, and Purchaser entitled to common user of
the common area and the common parts mentioned in this indenture shall include:
1. Stair cases on all the floors and lift.
2. Stair cases landing on all floors.
3. Main
gate of the said building/premises and common passage and lobby on the Ground
Floor to First floor.
4. Water
pumps, water tank, water pipes and overhead tank on the roof, arid other common
plumbing installations and also pump and motor.
5. Installation
of common services viz. electricity, water pipes, sewerage, rain water pipes.
6. Lighting
in the common spaces, passage, staircase including electric meter fittings.
7. Common electric meter and box.
8. Electric
wiring, meter for lighting staircase, lobbies and other common areas (excluding
those as are installed for any particular floor] and space required therefor,
common walls in between the Unit being the Unit and any other unit beside the
same, on any side thereof.
9. Windows,
doors, grills and other fittings respecting the common areas of the premises.
10. Such other common parts, areas equipment, installations,
fixtures, fittings, covered and open space in or about the said Premises of the
building as are necessary for use and occupancy of the respective units.
11. Electrical wiring, meters (excluding those installed for any
particular Shop].
12. Lift and its accessories.
13. General common elements and facilities meant for the said Shop.
a) All private ways, curves, side walls arid areas of the said premises.
b) Exterior
conduits, utility lines.
c) Public
connection, meters, electricity, telephone and water owned by public utility or
other agencies providing such services and located outside the building.
d) Exterior
lighting and other facilities necessary for upkeep and safety of the said
building.
e) All
elevations including shafts, shaft walls, machine Rooms and facilities.
f) All
other facilities or elements or any improvement outside the Units, but upon the said building which is necessary
for or convenient to the existence, management, operation, maintenance arid
safety of the building or normally in common use.
g) The
foundation, corridor, lobbies, stairways, entrance and exists, pathways,
footings, columns, girder, beams, supports and exterior walls beyond the said Shop,
side or interior load bearing walls within the building or concrete floor slabs
except the roof slab and all concrete ceiling and all staircases in the said
building all as per Sonarpur Municipal structural sanction plan.
h) Utility
lines, telephone and electrical systems contained within the said building.
i) The
ultimate roof or terrace i.e. upon roof of the Fourth Floor of the building
will jointly be undivided, property among the owners and intending Purchaser or
Purchasers within the building, the purchaser or Purchasers being entitled to
use and enjoy the ultimate roof and/or terrace with the Owners without causing
inconvenience to one another.
IN WITNESS WHEREOF the Parties hereunto have set and
subscribed their respective hands and signatures on these presents on the day,
month and year first above written.
SIGNED, SEALED AND DELIVERED AT BY THE
WITHIN NAMED VENDOR AND PURCHASER IN
PRESENCE OF THE FOLLOWING WITNESSES :-
1.
2.
---------------------------------------
Signature
of the
Vendors
Drafted & Prepared by :-
------------------------------------
Signature of the Purchaser
THE FOURTH
SCHEDULE ABOVE REFERRED TO
MEMO OF CONSIDERATION
PART - I
Received a sum of Rs.75,00,000/- (Rupees Seventy
Five Lakh) only as part payment from the total consideration of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only in the
following manner :-
|
P a r t i c u l a r s |
Amount (Rs.) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total :- |
Rs.75,00,000/- |
(Rupees Seventy Five Lakh) only
WITNESSES :-
1.
2.
SIGNATURE OF THE VENDORS
PART – II
Further received a sum of Rs.75,00,000/- (Rupees Seventy Five Lakh) only as part
payment from the total consideration of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only in the
following manner :-
|
P a r t i c u l a r s |
Amount (Rs.) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total :- |
Rs.75,00,000/- |
(Rupees Seventy Five Lakh) only
WITNESSES :-
1.
2.
SIGNATURE OF THE VENDORS
Required
Points :-
i)
Shop/Unit Nos. - ?
ii)
Side/Corners - ?
iii) Car Space, if any - ?
iv) Payment Schedule - ?
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