AGREEMENT FOR SALE
THIS
AGREEMENT FOR SALE is made
on this ……… the day of ……………., 2024 (Two Thousand and Twenty Four);
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 Building
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 on the Ground Floor
– East side, having Carpet area more or less 1289 sq.ft., Super built up
area more or less 1399 sq.ft. and another Commercial Space in the First
Floor – South North East 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 “Chakraborty Apartment” 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 on the Ground Floor – East side,
having Carpet area more or less 1289 sq.ft., Super built up area more or
less 1399 sq.ft. and another Commercial Space in the First Floor – South
North East 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 equivalent to more or less 9 Cottahs 10 Chattacks 39 Sq. ft. 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.
AND WHEREAS (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.
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, 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.
AND WHEREAS (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:-
(1)
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 on the Ground Floor – East side,
having Carpet area more or less 1289 sq.ft., Super built up area more or
less 1399 sq.ft. and another Commercial Space’ in the First Floor – South
North East 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 With
Right to park one number of medium
sized motor car in the front side of the Ground Floor Shop in the building
premise 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.
(2)
The purchaser on execution of this agreement have paid to
the Vendors herein to the tune of Rs.2,00,00,000/-
(Rupees Two Crore) only as in part payment of total consideration of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakhs and 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 the Balance
Rs. 1,96,90,000/- (Rupees One Crore Ninety
Six Lakh and 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.
(3)
At or on
the execution of this Agreement the Vendors and Purchaser 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 or available certified copy of connected documents with the copy of the plan sanctioned by the
authorities concerned on or before the date of completion of Deed of
Conveyance.
(e)
The schedule property is not mortgaged with any
Bank of India.
(f)
The purchaser had inspected the said Unit in presence of the Vendors and satisfied
about the Unit by taking measurement with the help of its Engineer or
Architect.
(g)
The Purchaser is in need to install essential fire safety work in
exploiting the Commercial Unit located at the Ground Floor as well as at the
First Floor of the Building Premises admeasuring approx. 2680
sq.ft. and
Super built up area more or less 2919 (Two
thousand nine hundred nineteen) sq.ft., which require
as part of the departmental mandates and
being commitment to ensuring the safety and security of all occupants.
(h)
The Purchaser upon execution of this present will take the physical
possession of the said Unit in the Building premises provisionally from the
Vendors herein to ensuring the safety and security of all occupants
by making an underground reservoir of necessary water storage capacity at the
available empty space near the entrance of the saleable area in the building
premise, keeping an additional storage tank of capacity of 2,000 (Two Thousand)
Litre at the terrace, with installation of fire alarms, sprinkler systems, etc.
The Purchaser assured that all work will be carried out by certified professionals,
and will take every precaution to minimize disruption to the residents. The
proposed timeline for this work is 45 days including the concern department
authority inspection and approvals, and the Purchaser ensured that any noise or
inconvenience is kept to a minimum.
(i)
The Vendors herein will assist the Purchaser in
obtaining the NOC from the Occupants or residents at the said building premises
for such safety work to carry out at the earliest.
(j)
The Purchaser will satisfy all the statutory
requirements in ensuring the safety and security of all occupants by making an
underground reservoir of necessary water storage capacity at the available
empty space near the entrance of the saleable area in the building premise,
keeping an additional storage tank of capacity of 2,000 (Two Thousand) Litre at
the terrace, with installation of fire alarms, sprinkler systems, etc., and
Vendors will not liable for the same.
(k)
In the event the Purchaser failed to ensuring the
safety and security of all occupants by making an underground reservoir of necessary
water storage capacity at the available empty space near the entrance of the saleable
area in the building premise, keeping an additional storage tank of capacity of
2,000 (Two Thousand) Litre at the terrace, with installation of fire alarms,
sprinkler systems, etc., within a period of 45 days, the Purchaser will deliver
the physical possession to the Vendors, in a conditions as it was in its
original conditions, at the cost and expenses of the Purchaser, and in the
further event of delay in delivering the peaceful possession to the Vendors, a
sum of money as of Rs. 50,000/- (Rupees Fifty Thousand) only, being
compensation is payable by the Purchaser to the Vendors, per day after the
expiry of the said 45 days, till the delivery of the physical possession of the
said Unit to the Vendors, herein.
(l)
The Purchaser will be abide by the convention of the
Building Committee decisions for the Common uses and the Common Expenses at the
Premises. The Purchaser will pay the contribution determined by the Building
Committee, time and again.
(m)
Any damage to any part of the building if caused by
the Purchaser, then the same would be compensated to the Building Committee
forthwith, within period of seven days a week.
(4)
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.
(5)
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 the
prevailing Banking interest for the time being in force.
(6)
That if
the property intended to be sold will not purchase by way of paying the balance
money within the stipulated period as of the 15th day of December’
2024, by the Purchaser herein, then the Vendor will refund the money after
deduction of Rs. 20,00,000/- (Rupees Twenty Lakhs) only, to the Purchaser
within the next period of seven days a week, thereof.
(7)
The Purchaser shall save harmless indemnify and keep
indemnified the Vendors against all the actions in installations of the safety and security of all
occupants by making an underground reservoir of necessary water storage
capacity at the available empty space near the entrance of the saleable area in
the building premise, keeping an additional storage tank of capacity of 2,000
(Two Thousand) Litre at the terrace, with installation of fire alarms,
sprinkler systems, etc.
(8)
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.
(9)
If the
Vendors refuse to execute proper Deed of Conveyance in favour of the Purchaser
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.
(10)
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.
(11)
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.
(12)
Only
the Courts in the State of West Bengal 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.
(13)
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
decimals equivalent to more or less 9 Cottahs 10 Chattaks 39 Sq. ft. along
with a G+IV storied Residential-cum-Commercial building standing thereon, which
is lying and situated at Mouza – Nowapara,
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, Nowapara 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 SOUTH : Station
Road.
ON
THE EAST : 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 on the Ground Floor – East
side, having Carpet area more or less 1289 sq.ft., Super built up area
more or less 1399 sq.ft. and another Commercial Space in the First Floor
– South North East 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 one number of medium sized motor car in the front side of the
Ground Floor Shop in the building premise. 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. Main gate of the said building/premises and common passage and
lobby on the Ground Floor to First floor.
3. Water pumps, water tank, water pipes and overhead tank on the
roof, arid other common plumbing installations and also pump and motor.
4. Installation of common services viz. electricity, water pipes,
sewerage, rain water pipes.
5. Lighting in the common spaces, passage, staircase including
electric meter fittings.
6. Common
electric meter and box.
7. Electric wiring, meter for lighting staircase, lobbies and other
common areas (excluding those as are installed for any particular floor] and
space required thereof, common walls in between the Unit being the Unit and any
other unit beside the same, on any side thereof.
8. Windows, doors, grills and other fittings respecting the common
areas of the premises.
9. 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. 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 :-
-----------------------------------
Signature
of the
Vendors
----------------------------------
Signature
of the Purchaser
WITNESSES;
1.
2.
THE FOURTH SCHEDULE ABOVE REFERRED TO
MEMO OF CONSIDERATION
Received a
sum of Rs.2,00,00,000/- (Rupees Two Crore) 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 followings :-
|
Sl. No. |
P a r t i c u l a r s |
Cheque / Cash |
Amount (Rs.) |
|
1 |
Jyoti Prokash Chakraborty |
|
40,00,000/- |
|
2 |
Sandhya Chakraborty |
|
40,00,000/- |
|
3 |
Kalpana Chakraborty |
|
40,00,000/- |
|
4 |
Dr. Alpana Chakraborty |
|
40,00,000/- |
|
5 |
Prova Chakraborty |
|
10,00,000/- |
|
6 |
Debdipto Chakraborty |
|
20,00,000/- |
|
7 |
Soumodipto Chakraborty |
|
10,00,000/- |
|
|
Total :- |
|
Rs.2,00,00,000/- |
(Rupees Two Crore) only
WITNESSES
:-
1.
2.
SIGNATURE OF THE VENDORS
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