DEED
OF CONVEYANCE
THIS
DEED OF CONVEYANCE is made on this ______ day of _______________, 2024 (Two
thousand 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 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 Commercial
Space 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. on the Ground Floor 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. jointly called the said UNIT 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. 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.
AND WHEREAS in terms of the said Development Agreement the vendors herein are
entitled to sell, transfer and convey one Commercial 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.
on the Ground Floor 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. 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 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 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” herein to sell convey and transfer to the Purchaser
herein 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 for the
absolute sale and transfer of the same and this was gladly accepted by the VENDORS and both the parties entered
into an Agreement for Sale dated __________.
NOW THIS
INDENTURE WITNESSETH as follows
:-
That in pursuance of the said agreement and in
consideration of the said sum of Rs.3,96,90,000/-
(Rupees Three Crore Ninety Six Lakh
Ninety Thousand) only, for the total consideration of the COMMERCIAL SPACE
paid by the purchaser to the vendors
herein on or before the execution of these presents (the receipt whereof
the vendors doth hereby as well as by the receipt hereunder admit and
acknowledge and of and from the same) covering value of the commercial space
hereunder sold and the value of the
proportionate share in the lands as contained in the premises and of And from
the same and every part thereof the vendors and the confirming party herein do,
and each of them doth hereby acquit, release, exonerate, and discharge the purchaser its successor–in-office,
executors, administrators, representatives and assigns and every of them the
said Commercial Space and the undivided impartible proportionate share of
interest and the ownership in the lands below or beneath the said building
containing inter-alia the said commercial space the subject matter hereof lying
and situated at 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,
more fully and particularly described in the SECOND SCHEDULE hereunder written
and every part thereof the vendors as beneficial owners do by these presents
indefeasibly grant, sell, convey, transfer assign, and assure, and the
confirming party herein doth hereby
confirm, and assure unto the purchaser its successor–in-office, executors,
administrators, representatives and assigns free from all encumbrances,
attachments, and other defects in title ALL THAT (a] one Commercial 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. on the Ground Floor 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 sq.ft.
jointly called the said UNIT, with lift
facility and Tiles flooring of the G+IV storied Residential-cum-Commercial
building more fully and particularly described in the SECOND SCHEDULE
hereunder written, as contained in the building lying
and situated at 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,
more fully and particularly described in the FIRST SCHEDULE hereunder written
TOGETHER WITH undivided proportionate and impartible interest or share in the
land and the said building thereon more fully and particularly described in the
FIRST SCHEDULE hereunder written TOGETHER WITH undivided proportionate share of
interest in the said land and the said
building thereon, more fully and particularly described in the FIRST SCHEDULE
hereunder written, OR HOWSOEVER otherwise TOGETHER WITH proportionate right to
water course, lights, liberties, privileges, easements, appendages and
appurtenances whatsoever to the said ‘COMMERCIAL SPACE’ or any way part
thereof belonging or in any way appertaining to or with the same, or any
part thereof usually held, used, occupied or enjoyed or reputed to belong or be
appurtenant thereto, and the reversion and reversions reminder and reminders,
rents, issues and profits thereof, and every part thereof, together and
furthermore with all the estate, right, title, inheritance, use, trust,
property, claim, and demand whatsoever both in law and equity of the Vendors
herein into and upon he said ‘COMMERCIAL SPACE’ every part thereof, more
fully and particularly described in the SECOND SCHEDULE hereunder written, AND
all deed, pattas, muniments, writings and evidences of title which in anywise
relate to the said ‘COMMERCIAL SPACE’ or
any part or parcel thereof, and which, now are or hereafter shall or may be in the Custody,
power or possession of the vendors herein and their heirs, executors,
administrators or representatives or any persons from whom he or they can or
may procure the same without action or
suit in law , or in equity , TO ENTER INTO , AND HAVE AND HOLD , OWN POSSESS ,
AND ENJOY the said ‘COMMERCIAL SPACE and
every part thereof hereby granted, sold,
conveyed and transferred or expressed
and intended so to be with their rights, members and appurtenances unto and to the use of the purchaser its
successor–in- office, executors, administrators, representatives and assigns
forever freed and discharged from or otherwise by the vendors well and
sufficiently indemnified of and against all encumbrances, claims, liens etc.
whatsoever created or suffered by the vendors from to these presents AND THE
vendors herein do hereby for themselves and themselves, their heirs, executors, administrators,
representatives, as the case may be, covenant with the purchaser its
successor–in-office, executors, administrators, representatives and assigns,
THAT NOTWITHSTANDING any acts, deeds or
things whatsoever, by the vendors or by and of their predecessors and ancestors
in title done or executed or knowingly suffered to the contrary they the vendors
had all material times heretofore, and now have good right, full power,
absolute authority and title to grant, sell, convey, transfer assign and assure
the said ‘COMMERCIAL SPACE” hereby granted, sold, conveyed and transferred or expressed or
intended so to be, unto and to the use of the purchaser its
successor–in-office, executors, administrators, representatives and assigns,
shall and may at all times hereafter peaceably and quietly enter into, hold,
possess and enjoy the said ‘COMMERCIAL SPACE” and every part thereof and
receive the rents, issues and profits thereof, without any lawful eviction,
hinder and interruption, disturbance, claim or demand whatsoever from or by the
vendors or any person or persons lawfully or equitably claiming any right or
estate thereof from under or in trust for them or from or under any of its
successor–in-office or predecessors in title AND THAT FREE AND CLEAR FREELY AND
CLEARLY AND ABSOLUTELY discharged, saved, harmless, and kept indemnified against all estates and encumbrances
cleared by the vendors or any person or persons having lawfully or equitably
claiming any estate or interest in the said proportionate share of the land
with the said ‘COMMERCIAL SPACE” or any part thereof from under or in trust for
the vendors shall and will from time to time
and all times hereafter at the request and cost of the purchaser do and
cause to be done or executed all such acts, deeds and things whatsoever for
further better and more perfectly assuring the said LAND with the said COMMERCIAL SPACE” and every part thereof as also the said rights, and privileges unto
and to the use of the purchaser in manner aforesaid as shall or may be
reasonably required AND THAT the purchaser will have right to get the benefits
of the covenants regarding the production of documents and writings relating to
the title of the property described in the FIRST SCHEDULE hereunder written,
supply of copies thereof as mentioned
hereinabove AND THAT the purchaser shall be entitled to all rights
all easements and quasi – easements and
privileges pertaining to the said ‘COMMERCIAL SPACE”, morefully and
particularly described in the THIRD SCHEDULE hereunder written TOGETHER WITH
all right to use and enjoyment of the common areas and the common, facilities
and services in the premises described in the FOURTH SCHEDULE hereunder
written, TOGETHER WITH obligation to pay proportionately the expenses more
fully and particularly described in the FIFTH SCHEDULE hereunder written, AND
subject to the restrictions mentioned in
the SIXTH SCHEDULE hereunder written AND
FURTHERMORE the vendors herein and their executors, administrators, shall at
all material time hereafter indemnify and keep indemnified the purchaser its
heirs executor, administrators and
assigns loss, damages, costs, charges and expenses, if any suffered by
reason of any defect in title of the vendors or any other dues arising subsequently relevant for the period prior
to the deed of conveyance or any breach
of the covenants hereunder contained.
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, under 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
ALL THAT piece and parcel of
one Commercial Unit 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. jointly called the said UNIT with Lift Facility and Tiles
flooring of the said G+IV storied Residential-cum-Commercial building,
lying and situated at 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 more fully described in the First Schedule herein above, TOGETHERWITH all easement rights thereto is hereby sold, which is marked
as RED bordered line in the
annexed Site Plan and the annexed site plan will be treated as a part and
parcel of this Deed of Conveyance. 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 the 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 Unit.
a)
All private ways, curves, side walls arid areas
of the said premises.
b)
Exterior conduit , 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 Owner without causing inconvenience to
one another.
THE FOURTH SCHEDULE ABOVE REFERRED TO
EASEMENTS, QUASI – EASEMENTS, PRIVILEGES, THE PURCHASER OR PURCHASERS ARE ENTITLED TO
1.
The
purchaser shall be entitled to all rights, privileges, vertical and lateral
supports, easements and quasi easements, appertaining to the said commercial
space, or therewith usually held, occupied, enjoyed, reputed or known, being
part and parcel or member thereof, or appertaining thereto, which are
hereinafter morefully specified, excepting and reserving unto the vendors and
other owners purchasers of other units its right, if any, of easements,
quasi-easements, privileges and appurtenances, respecting the same
morefully and particularly set forth hereinafter in details.
2.
The right of access in common to the building with
the vendors and other owners/ purchasers of other units, and / or other occupiers of the building,
subject to limitation, if any, to its such rights, at all times, and for all
normal use and purpose connected with the use and enjoyment of the said
commercial space.
3.
The right to use all times and for all purposes the
common passage, lobby, stair case, and landings within the said building,
entrance to the said commercial space, from the main entrance and exit therefrom in common with the vendor,
and other owners/purchaser or purchasers of other units.
4.
The right of
in common as aforesaid for
electricity water and soil from and to
the said commercial space through pipes, drains, wires and conduits lying or
being in, under, or over the said building as may be reasonably necessary for
the beneficial occupiers for the said
commercial space for all purposes
whatsoever.
5.
The right of
protection of other portion or portions
of the building by all parts of the said commercial space so far as they now protect the same without causing
any structural alteration thereof .
6.
The right of
purchaser respecting ingress to and ingress from the said commercial space, the
right of the purchaser and that of the occupiers of the other part or parts of
the building subject to limitations and restrictions mentioned herein below in
this agreement.
THE FIFTH
SCHEDULE ABOVE REFERRED TO
The Vendors, Purchaser shall have to bear:
1. The expenses of administration,
maintenance, repair, replacement of the common parts, equipments accessories,
common areas and facilities including white washing, painting and decorating
the exterior portion of the said building, the boundary walls, entrance, the
stair cases, the landings, the gutters, rainwater pipes, motors and pumps,
water, gas pipe, electric wirings, installations, sewers, drains and all other
common parts, fixtures, fittings and equipments, in, under or upon the building
enjoyed or used in common by the Purchaser, Co-Purchasers or other occupiers.
2. The costs of cleaning, maintaining and
lighting the main entrance, passages, landings, staircase and other parts of
the building as enjoyed or used in common by the occupiers of the said
building.
3. Cost and charges or reasonably required for the maintenance of
the building and for watch and ward duty and other incidental costs.
4. The
cost of decorating the exterior of the building.
5. The cost of repairing and maintenance of
water pump and motor, electrical installations, over lights and service charges
and supplies of common utilities.
6. Insurance premium, if
any, for insuring the building against any damage due to earthquake, fire,
lightening, civil commotion etc.
7.
Municipal taxes, if any, and other similar taxes
save those separately assessed on the respective COMMERCIAL SPACE.
SIXTH
SCHEDULE ABOVE REFERRED TO
The guidance respecting possession and/or user of
the COMMERCIAL SPACE hereunder agreed to
be sold inter-alia shall include the impositions and restriction as under :-
1. The purchaser or purchaser/owners, and other occupiers, if any,
of the building, shall not be entitled to use the aforesaid COMMERCIAL SPACE for the following purpose.
2. To use the said COMMERCIAL SPACE and roof or terrace or any portion
thereof in such manner which may or is likely to cause injury, damage,
nuisance, or annoyance to the owners or occupiers of the other units, inclusive
of units nor to use the same for any illegal or immoral purposes in any manner
whatsoever.
3. To carry on or permit to be carried on
upon the said COMMERCIAL SPACE any
offensive or unlawful business whatsoever, not to do or permit to be done
anything in the said COMMERCIAL SPACE
which may be illegal or forbidden under any law for the time being in force.
4. To demolish or cause to be demolished or
damaged the said COMMERCIAL SPACE or any
part thereof.
5. To do or permit to be done any act deed or
thing which may render void or voidable any insurance of any COMMERCIAL SPACE,
and/or unit, any part thereof, or cause any increase in premium payable in
respect thereof.
6. To claim division or partition of the said
land and/or the building thereon and common areas within the same.
7. To throw or accumulate any dirt, rubbish
or other refuse or permit the same to be thrown, or accumulated in the
COMMERCIAL SPACE or any portion of the
building housing the same.
9. To encroach any common portion of the building, jeopardize
the user thereof, nor to encumber any of such portion in any manner whatsoever.
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 BY THE WITHIN NAMED VENDOR
AND PURCHASER INPRESENCE OF THE FOLLOWING WITNESSES:- WITNESSES: 1. 2. Drafted by: |
……………………………………… Signature of the VENDORS ……………………………………… Signature of the PURCHASER |
-: MEMO OF
CONSIDERATION :-
RECEIVED a sum of Rs.3,96,90,000/- (Rupees
Three Crore Ninety Six Lakh Ninety Thousand) only from
the within named Purchaser being full and final consideration money as per
following memo :-
|
Date |
Mode of Payment |
Bank |
Amount (Rs.) (including TDS) |
|
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Total
::- |
Rs.3,96,90,000/- |
(Rupees Three Crore Ninety Six Lakh Ninety Thousand) 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 - ?
Nice
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