AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made and executed
at Kolkata on this ___ day of April, 2026.
BETWEEN
(1) MR. ARNAB KUMAR KOLEY (PAN: AWCPK5943Q,
AADHAR:657406692191), son of Mr. Alok Kumar Koley, by faith Hindu, by nationality
Indian, by occupation Service, (2) MRS.
KUMKUM KOLAY (PAN:BFHPK1804D, AADHAR:890693754490), wife of Mr. Alok
Kumar Koley, by faith Hindu, by nationality Indian, by occupation Housewife, Both
residing at C/o Alok Kumar Koley, Palita Road, Ward No. 18, P.O. & P.S.
Katwa, District Burdwan, PIN – 713130, hereinafter jointly referred to as the “VENDORS” (which expression shall,
unless repugnant to the context, include their heirs, legal representatives,
executors, administrators and assigns);
AND
SMT. KAKALI SEN MUKHERJEE (PAN: BEZPS8939G,
Aadhaar: 790697396184), Daughter of Sri Amar Kumar Sen and Wife of Sri Krishna
Chandra Mukherjee, by faith Hindu, by nationality Indian, by Occupation House
Wife, residing at Krishnapur Ghosh Para, Krishnapur, Madanpur, Kolkata –
700128, District North 24 Parganas, West Bengal, hereinafter referred to as the
“PURCHASER” (which expression
shall, unless repugnant to the context, include her heirs, legal
representatives, executors, administrators and assigns).
WHEREAS;
1.
The
land upon which the building known as “RAJWADA
ESTATE PHASE-II” has been constructed originally formed part of several
contiguous parcels of land situated at Mouza – Barhansfartabad, J.L. No. 47,
Pargana Medanmalla, under Police Station Sonarpur, District South 24 Parganas,
comprised in various R.S. Dag Numbers and corresponding Khatian Numbers. The
said lands were originally owned and possessed by different recorded raiyats
and lawful proprietors, including inter alia Sri Kamala Kanta Naskar, Sri
Kishori Mohan Naskar, Sri Kunja Behari Naskar and others, who held absolute
right, title and interest therein and were competent to transfer the same.
2.
The
said original owners, in or about the year 1991 and subsequent years, for valuable consideration, sold,
transferred and conveyed their respective lands in favour of subsequent
purchasers including Sri Sukumar Singh and others by duly executed and
registered Deeds of Sale, thereby divesting themselves of all right, title and
interest therein. By virtue of such lawful conveyances and subsequent
acquisitions of adjoining lands through separate registered deeds, the title in
respect of the said lands became vested in the said purchasers, who became the
lawful owners thereof.
3.
Thereafter,
the said lands underwent several lawful devolutions and transmissions of title
by way of further sales, purchases, inheritance upon intestate deaths of
recorded owners, gifts and inter se transfers amongst co-sharers and legal
heirs, all effected through duly registered instruments and recognised modes of
transfer under the law. During the period from 2001 to 2013, various portions of the said lands were also
acquired by M/s. Rajwada Group and other co-owners through registered conveyances,
and the respective shares were duly merged, consolidated and regularised,
thereby creating a unified and marketable title over a larger contiguous land
mass.
4.
Upon
such consolidation, the lawful owners of the said lands, being desirous of
developing the same, entered into various Agreements for Development with M/s. Rajwada Group, a partnership
firm, between the years 2009 to 2012,
and executed registered General Powers
of Attorney authorising the developer to develop the said land, obtain
necessary sanctions, construct multi-storied buildings and to enter into
agreements for sale with intending purchasers. The said development rights were
validly created and lawfully acted upon.
5.
Subsequently,
the various parcels of land were amalgamated into a single composite holding
bearing Holding No. 1012, Mahamayatala,
within the jurisdiction of the Rajpur-Sonarpur Municipality. The names of the
owners were duly mutated in the municipal records, and the land was converted
into bastu land and regularised for residential purposes, thereby perfecting
the title and enabling lawful development.
6.
The
competent municipal authority sanctioned a building plan vide sanctioned plan Building
Plan being no. 1253/CB/28/05 Dated 19-11-2013 Sanctioned by the Rajpur-Sonarpur
Municipality, Ward No. 28 portion of Holding No. 1012. Mahamayatala, Kolkata -
700 084
for construction of a multi-storied residential complex comprising several
blocks, flats, car parking spaces and common facilities. Pursuant thereto,
construction was undertaken by the developer in accordance with the sanctioned
plan, resulting in the erection of the building known as “RAJWADA ESTATE PHASE-II”.
7.
In
terms of the development agreements and arrangements between the landowners and
the developer, the constructed flats and car parking spaces were allocated
between them, with authority vested upon the developer and/or the owners to
enter into agreements for sale and convey the respective flats to intending
purchasers, free from all encumbrances.
8.
In
pursuance of the aforesaid development and allocation, the present Vendors
herein acquired all that one
self-contained residential flat being Flat No. A/3A5, situated at the
South-East side on the 3rd Floor in Block A of the said building, together with
one covered car parking space and proportionate undivided share in the land and
common areas, by virtue of a registered
Deed of Conveyance dated 09.09.2016, registered in Book – I, Volume
Number 1629-2016, Pages from 65398 to 65441, Being No. 162903061 for the year
2016, registered in the office of the Additional District Sub-Registrar, Garia,
West Bengal, which executed by the then lawful owners and/or developer in their
favour. By virtue thereof, the Vendors became seized and possessed of the said
Flat as absolute owners with full right, title and interest therein.
9.
The
Vendors are presently in peaceful, vacant and uninterrupted possession and
enjoyment of the said Flat and are exercising all rights of ownership thereof
without any let, hindrance, interruption, claim or demand from any person or
authority whatsoever. The title of the Vendors is clear, marketable and free from all encumbrances, including but
not limited to mortgages, charges, liens, attachments, lis pendens, acquisition
proceedings or any adverse claims.
10.
The
Vendors, being fully competent and lawfully entitled to deal with the said
Flat, have absolute right and authority to enter into this Agreement for Sale
and to transfer and convey the said Flat in favour of the Purchaser. The
Purchaser, having inspected the title deeds and relevant records and being
satisfied with the title of the Vendors, has agreed to purchase the said Flat
upon the terms and conditions hereinafter appearing.
NOW THIS
AGREEMENT WITNESSETH AS FOLLOWS:
1.
The
Vendors, being the absolute owners and persons lawfully entitled to transfer
the property more fully described in the Schedule hereunder written
(hereinafter referred to as the “said
Flat”), do hereby agree, covenant and undertake to sell, transfer
and convey unto the Purchaser, and the Purchaser doth hereby agree to purchase
and acquire from the Vendors, the said Flat together with all rights,
easements, privileges, advantages and appurtenances whatsoever attached
thereto, including proportionate undivided share in the land underneath and all
common areas and facilities, free from all encumbrances, liens, charges,
claims, demands, lis pendens, acquisition or requisition proceedings or any
other defect in title.
2.
The
total consideration for the said sale and purchase has been mutually agreed and
settled between the parties at a sum of Rs.
60,00,000/- (Rupees Sixty Lakhs only), which amount is
inclusive of Tax
Deducted at Source (TDS) @ 1% or such rate as may be applicable
under the provisions of the Income
Tax Act, 1961, and the Purchaser shall deduct such TDS at the
time of payment of the consideration amount, deposit the same with the
appropriate Government authority within the prescribed time and issue necessary
TDS certificate to the Vendors in accordance with law.
3.
It
is expressly agreed by and between the parties that the aforesaid consideration
amount represents the full and final sale price of the said Flat, and no
further amount shall be payable by the Purchaser to the Vendors except as may
be specifically provided herein or required under applicable law. The Vendors
hereby agree and confirm that upon receipt of the entire consideration amount
in the manner herein stipulated, they shall execute and register a proper and
valid Deed of Conveyance in favour of the Purchaser and shall also deliver
vacant, peaceful and physical possession of the said Flat to the Purchaser
simultaneously therewith.
4.
The
parties further agree that this Agreement embodies the concluded contract for
sale of the said Flat, subject to fulfilment of the terms and conditions herein
contained, and the Vendors shall not, during the subsistence of this Agreement,
create any third-party interest or encumbrance in respect of the said Flat or
enter into any agreement with any other person for sale or transfer thereof.
5.
In
part performance of this Agreement and as a token of her bona fide intention to
purchase the said Flat, the Purchaser has, at or before the execution of these
presents, paid a sum of Rs.
10,000/- (Rupees Ten Thousand only), to the Vendors as and by
way of earnest
money/booking advance, the receipt whereof the Vendors do
hereby admit, acknowledge and confirm.
6.
The
said earnest money shall form part of the total consideration amount
hereinbefore agreed and shall be duly adjusted against the final sale
consideration payable by the Purchaser at the time of execution and
registration of the Deed of Conveyance. It is hereby expressly agreed that the
payment of earnest money constitutes a binding commitment on the part of the
Purchaser to complete the transaction in terms of this Agreement, subject to
compliance of the terms and conditions herein contained.
7.
It
is further agreed by and between the parties that in the event of default on
the part of the Purchaser in completing the transaction within the stipulated
time without any justifiable cause, the said earnest money shall be liable to
forfeiture at the discretion of the Vendors, without prejudice to any other
rights and remedies available to the Vendors in law or equity. Conversely, in
the event the Vendors fail, neglect or refuse to perform their obligations
under this Agreement or are unable to convey good and marketable title to the
said Flat, the Vendors shall be liable to refund the said earnest money to the
Purchaser forthwith, and the Purchaser shall also be entitled to pursue such
further remedies as may be available under law.
8.
The
parties further agree that the earnest money paid herein signifies the
conclusion of a binding agreement between the parties, subject to fulfilment of
the terms and conditions contained herein.
9.
The
balance portion of the total consideration amount, after adjustment of the
earnest money already paid, shall be paid by the Purchaser to the Vendors at the time of execution and
registration of the Deed of Conveyance in respect of the said
Flat, in the manner and mode as mutually agreed and permissible under law.
10.
It
is hereby agreed that such balance consideration shall be paid simultaneously
with the presentation of the Deed of Conveyance for registration before the
appropriate registering authority, and the Vendors shall, upon receipt of the
entire balance consideration (subject to deduction of applicable TDS as per
law), execute, admit execution and cause registration of the said Deed of
Conveyance in favour of the Purchaser, thereby effectively transferring all
right, title and interest in the said Flat unto the Purchaser.
11.
The
parties further agree that the obligation of the Purchaser to pay the balance
consideration and the obligation of the Vendors to execute and register the
Deed of Conveyance and deliver possession of the said Flat shall be mutual and concurrent,
and each party shall be bound to perform their respective obligations
simultaneously, unless otherwise agreed in writing.
12.
In
the event the Purchaser avails financial assistance from any Bank or
Non-Banking Financial Company (NBFC), the disbursement of the loan amount
towards the balance consideration shall be deemed to be valid payment to the
Vendors, provided such payment is made in accordance with the terms of this
Agreement and upon compliance of the requirements of the lending institution.
13.
It
is further agreed that no delay or default shall be attributed to the Purchaser
if the payment of the balance consideration is subject to procedural
formalities of the lending institution, provided the Purchaser has taken all
necessary steps in good faith for timely disbursement of the loan amount.
14.
All
payments to be made by the Purchaser to the Vendors under and in pursuance of
this Agreement shall be effected strictly through lawful and traceable banking
channels, in compliance with the applicable provisions of law, including but
not limited to the provisions of the Income
Tax Act, 1961 and the rules framed thereunder.
15.
Without
prejudice to the generality of the foregoing, the payments may be made by the
Purchaser by way of any of the following recognised banking modes (i) Account
Payee Cheque, (ii) RTGS (Real Time Gross Settlement), (iii) NEFT (National
Electronic Funds Transfer), (iv) Online Bank Transfer / Electronic Fund
Transfer, (v) Demand Draft / Banker’s Cheque or through such other digital or
banking modes as may be mutually agreed upon by the parties and as are
permissible under law from time to time.
16.
It
is hereby expressly agreed that no
payment shall be made or accepted in cash, and all transactions shall be
duly recorded and supported by appropriate documentary evidence, including bank
statements, payment receipts and acknowledgements. The Vendors shall, upon
receipt of each payment, issue proper written receipts and/or acknowledgements
in favour of the Purchaser, confirming the amount received and the purpose
thereof.
17.
In
the event any part of the consideration is paid through financial assistance
availed by the Purchaser from any Bank or Non-Banking Financial Company (NBFC),
the disbursement of such loan amount directly to the Vendors or their
authorised account shall be deemed to be valid and sufficient compliance of the
Purchaser’s payment obligations under this Agreement.
18.
The
parties further agree that all payments shall be made into such bank account(s)
as may be designated in writing by the Vendors, and the Purchaser shall not be
liable for any payment made in accordance with such written instructions.
19.
This
Agreement for Sale shall remain valid,
subsisting and binding upon the parties for a period of 3 (three) months from the date
of execution hereof, within which period the parties shall
endeavour to complete the transaction by performing their respective
obligations, including payment of the balance consideration, execution and
registration of the Deed of Conveyance and delivery of possession of the said
Flat.
20.
It
is hereby expressly agreed that the aforesaid period shall be treated as the stipulated time for completion
of the transaction; however, the same shall not be deemed to be of the essence
in a strict sense, provided the parties act in good faith and take all
reasonable steps towards completion of the sale within the said period.
21.
Notwithstanding
anything contained herein, the validity of this Agreement may be extended beyond the said period
of three months by mutual consent of the Vendors and the
Purchaser, which extension shall be recorded in writing and duly signed by both
the parties, and such extended period shall be deemed to form part of this
Agreement as if originally incorporated herein.
22.
It
is further agreed that in the event of any delay arising due to reasons beyond
the control of either party, including but not limited to delay in sanction or
disbursement of loan by any Bank or Non-Banking Financial Company (NBFC), delay
in obtaining necessary documents, or administrative delays at the office of the
registering authority, the parties shall reasonably accommodate such delay and
may mutually agree to extend the validity period without prejudice to their
respective rights.
23.
In
the event the transaction is not completed within the stipulated or extended
period due to default of either party, the non-defaulting party shall be
entitled to enforce the terms of this Agreement or seek appropriate remedies as
available under law.
The Vendors do
hereby solemnly covenant, represent, assure and undertake in favour of the
Purchaser as follows;
a)
That
the Vendors are the absolute, lawful and beneficial owners of the said Flat and
have good, valid, subsisting and marketable title thereto, together with
proportionate undivided share in the land underneath and all common rights and
appurtenances attached thereto, and that they are fully competent and entitled
to transfer and convey the same in favour of the Purchaser without any
restriction, impediment or defect in title.
b)
That
the said Flat is free from all encumbrances of whatsoever nature, including but
not limited to any mortgage, charge, lien, attachment, trust, claim, demand,
easement of adverse nature, lis pendens, acquisition or requisition
proceedings, tenancy, license, or any agreement for sale or transfer in favour
of any third party, and that no notice of any such encumbrance or claim has
been received by the Vendors.
c)
That
upon receipt of the full and final consideration amount (subject to deduction
of applicable TDS as per law), the Vendors shall, without any delay or demur,
execute, admit execution and cause to be registered, at the cost and expense of
the Purchaser, a proper and legally valid Deed of Conveyance in favour of the
Purchaser or her nominee, thereby effectively transferring all right, title and
interest in respect of the said Flat.
d)
That
the Vendors shall hand over vacant,
peaceful, physical and khas possession of the said Flat to the
Purchaser simultaneously with the execution and registration of the Deed of
Conveyance, free from any occupation, obstruction or encroachment, along with
all keys, access and control thereof.
e)
That
the Vendors shall produce all original title deeds, prior deeds, sanctioned
plans, tax receipts and all other relevant documents relating to the said Flat
for inspection, verification and satisfaction of the Purchaser and/or her legal
advisors and/or lending institution, and shall also hand over such original
documents as are required to be delivered to the Purchaser at the time of
completion of the sale.
f)
That
the Vendors shall, at all times hereafter, do, execute and perform or cause to
be done, executed and performed all such further acts, deeds, matters and
things as may be reasonably required by the Purchaser for more perfectly and
effectually conveying and assuring the said Flat unto the Purchaser and for
better and more effectual enjoyment thereof.
g)
That
the Vendors shall keep the Purchaser fully indemnified, defended and harmless
against any loss, damage, cost, claim or expense which the Purchaser may suffer
or incur by reason of any defect in title, breach of any representation or
covenant herein, or any claim made by any third party in respect of the said
Flat arising prior to the date of execution of the Deed of Conveyance.
The Purchaser
hereby covenants, undertakes and agrees as follows;
a)
The
Purchaser shall pay the total consideration amount in the manner and within the
time stipulated herein, including payment of the balance consideration at the
time of execution and registration of the Deed of Conveyance, subject to
deduction of applicable TDS as per law.
b)
The
Purchaser shall comply with all statutory requirements applicable to the
transaction, including deduction and deposit of TDS, payment of stamp duty,
registration fees and other incidental expenses in connection with execution
and registration of the Deed of Conveyance.
c)
The
Purchaser shall take all necessary steps in a diligent and bona fide manner to
complete the transaction within the stipulated or mutually extended period,
including arranging funds or availing financial assistance from any Bank or
NBFC.
d)
In
case the Purchaser seeks financial assistance, she shall promptly apply for the
same and comply with all requirements of the lending institution. Any delay
attributable to the Purchaser in fulfilling such requirements shall not be
construed as a valid ground for delay unless justified.
e)
The
Purchaser shall accept delivery of possession of the said Flat at the time of
execution and registration of the Deed of Conveyance and shall thereafter be
responsible for all outgoings, taxes, maintenance and other charges in respect
thereof.
f)
The
Purchaser shall extend full co-operation to the Vendors for smooth completion
of the transaction, including attending the office of the registering authority
and executing necessary documents.
24.
In
the event the Purchaser fails, neglects or refuses to perform, observe or
comply with any of the terms, covenants or obligations on her part contained in
this Agreement, including but not limited to failure to pay the balance
consideration within the stipulated period or within such extended period as
may be mutually agreed upon, and such failure continues without any justifiable
or reasonable cause, the Vendors shall, without prejudice to any other rights
and remedies available to them in law or equity, be entitled to cancel and terminate this Agreement by
giving written notice to the Purchaser.
25.
Upon
such termination, the Vendors shall be entitled to forfeit the earnest money paid by the Purchaser as and by way of
pre-estimated damages for breach of contract, and the Purchaser shall have no
further claim against the Vendors in respect thereof. The Vendors shall further
be at liberty to deal with or dispose of the said Flat in any manner they deem
fit, including entering into agreement with any third party. In addition
thereto, the Vendors shall also be entitled to seek damages, compensation and/or any other reliefs as may be
available to them under the applicable laws.
26.
In
the event the Vendors fail, neglect or refuse to perform their obligations
under this Agreement, including but not limited to failure to execute and
register the Deed of Conveyance within the stipulated or extended period, or
failure to convey a clear, marketable
and encumbrance-free title to the said Flat, or otherwise commit breach
of any of the representations, warranties or covenants contained herein, the
Purchaser shall be entitled, at her option and without prejudice to her other
legal rights, to enforce this Agreement.
27.
The
Purchaser shall be entitled to seek
specific performance of this Agreement through a court of competent
jurisdiction, compelling the Vendors to execute and register the Deed of
Conveyance in her favour. Alternatively, the Purchaser shall be entitled to terminate this Agreement and claim refund of the earnest money and all other
amounts paid, together with reasonable interest thereon from the date of
payment till realisation. The Purchaser shall further be entitled to claim compensation and damages for any loss,
injury or expenses suffered or incurred by her due to such default or breach on
the part of the Vendors.
28.
Notwithstanding
anything contained herein, this Agreement may at any time be terminated by mutual consent of the
Vendors and the Purchaser, by executing a written deed or agreement to that
effect, setting out the terms and conditions of such termination, including
settlement of accounts, refund of amounts (if any), and discharge of
obligations of the parties. Upon such mutually agreed termination, neither
party shall have any further claim against the other, except in respect of
obligations expressly agreed to survive such termination.
29.
Any
notice, demand, request or communication required to be given under this
Agreement shall be made in writing and shall be deemed to have been duly served
if delivered personally, or sent by registered post with acknowledgment due, or
by reputable courier service, or through electronic means (email/online
communication where acknowledged), at the addresses of the parties as mentioned
hereinabove or at such other address as may be intimated in writing.
30.
In
the event of any breach, default or non-performance by either party of any of
the terms, covenants or obligations contained in this Agreement, the
non-defaulting party shall, before exercising any right of termination or legal
remedy, issue a written notice
to the defaulting party specifying the nature of such breach or default and
calling upon the defaulting party to remedy and cure the same within a period
of 15 (fifteen) days (or such
reasonable period as may be specified in the notice) from the date of receipt
of such notice.
31.
If
the defaulting party fails to cure or remedy the breach within the stipulated
notice period, the non-defaulting party shall be entitled to exercise all
rights and remedies available under this Agreement, including termination,
forfeiture, refund, damages and/or specific performance, as the case may be, in
accordance with law.
32.
Failure
or delay by either party in issuing such notice or enforcing any right shall
not be deemed to be a waiver of such right, nor shall any waiver be valid
unless expressly made in writing.
33.
It is expressly agreed and declared that the
indemnity herein contained shall be continuing
in nature, and shall survive
the execution and registration of the Deed of Conveyance, and
shall remain valid, binding and enforceable against the Vendors and their
respective heirs, successors, legal representatives and assigns,
notwithstanding completion of the sale or transfer of the said Flat in favour
of the Purchaser.
34.
In
the event of any dispute, difference, question or claim arising out of or in
connection with this Agreement, including the interpretation, implementation,
performance, breach or termination hereof, the parties shall, in the first
instance, endeavour to resolve the same amicably
and in good faith through mutual discussions and negotiations,
within a reasonable period from the date on which such dispute is notified in
writing by one party to the other.
35.
In
case the parties fail to arrive at an amicable settlement within such
reasonable time, then either party shall be at liberty to initiate appropriate
legal proceedings for enforcement of their respective rights and remedies in
accordance with law. It is hereby expressly
agreed and declared that all such disputes, claims or
proceedings shall be subject to the exclusive
jurisdiction of the competent courts at Kolkata, and no other
court or forum shall have jurisdiction in respect thereof.
36.
The
parties further agree that the place of execution of this Agreement and the
situs of the property being within the jurisdiction of Kolkata, the courts at
Kolkata shall have territorial
jurisdiction to adjudicate all matters arising hereunder. All
legal proceedings shall be conducted in accordance with the applicable laws in
force in India.
37.
The
Purchaser shall be entitled, at her sole discretion, to avail financial
assistance in the form of a housing loan or otherwise from any scheduled bank,
financial institution or Non-Banking Financial Company (NBFC) of her choice,
for the purpose of payment of the consideration amount payable under this
Agreement.
38.
The
Vendors hereby agree, undertake and covenant that they shall extend full,
effective and timely cooperation to the Purchaser and/or the lending
institution in connection with processing, sanction and disbursement of such
financial assistance, including but not limited to;
(i) Providing and producing all original title deeds, chain documents,
and other relevant records relating to their right, title and interest in the
said Flat and the property appurtenant thereto, for verification, scrutiny and
due diligence by the concerned Bank/NBFC;
(ii) Issuing necessary No Objection Certificate(s) (NOC) and/or consent
letters in favour of the lending institution, confirming the proposed
transaction and permitting creation of charge, if so required;
(iii)
Executing and signing such declarations,
undertakings, confirmations or other documents as may be reasonably required by the
lending institution to facilitate sanction and disbursement of the loan amount;
(iv)Permitting inspection of the said Flat
and related documents by the officials or authorised representatives of the
lending institution.
(v) The Vendors shall
ensure that all such cooperation, documentation and compliances as aforesaid
are provided promptly and without any
unreasonable delay, so as to enable smooth and expeditious processing
and disbursement of the loan in favour of the Purchaser.
(vi)It is expressly agreed that such
cooperation on the part of the Vendors shall not impose any financial liability
or obligation upon them in respect of the loan availed by the Purchaser, and
the Vendors shall not be responsible or liable for repayment of such loan or
for any default committed by the Purchaser in relation thereto.
39.
The
Purchaser shall be solely responsible for complying with all formalities,
conditions and requirements of the lending institution, including submission of
documents, execution of loan agreements and repayment of the loan, and any
delay in sanction or disbursement of such loan shall not, by itself, absolve
the Purchaser from her obligations under this Agreement, unless otherwise
mutually agreed in writing.
40.
The
Vendors hereby agree, covenant and undertake that vacant, peaceful and physical possession
of the said Flat, free from all occupancies, encroachments, tenancies, licenses
or any third-party rights whatsoever, shall be delivered to the Purchaser simultaneously with the execution and
registration of the Deed of Conveyance in respect thereof.
41.
It
is expressly agreed that at the time of such delivery of possession, the
Vendors shall ensure that the said Flat is in a habitable condition, along with
all fixtures, fittings, appurtenances and amenities attached thereto, and that
the same is free from any obstruction or hindrance of any nature. The Vendors
shall also hand over all relevant documents, keys, access controls and such
other items necessary for peaceful enjoyment and occupation of the said Flat by
the Purchaser.
42.
Upon
such delivery of possession and completion of registration, the Purchaser shall
be deemed to have taken over the said Flat and shall thereafter be responsible
for all taxes,
outgoings, maintenance charges and other liabilities in respect
of the said Flat. However, all dues, charges, taxes and liabilities pertaining
to the period prior
to such delivery of possession shall be borne and paid by the
Vendors.
43.
The
Vendors further assure that the Purchaser shall be entitled to quiet, peaceful and
uninterrupted possession and enjoyment of the said Flat without
any interference, disturbance or claim from the Vendors or any person claiming
through or under them.
44.
This
Agreement shall be governed
by, construed and interpreted in accordance with the laws of India,
including all applicable statutes, rules, regulations and judicial
pronouncements in force from time to time.
45.
Subject
to the provisions contained herein with regard to dispute resolution, it is
hereby expressly agreed by and between the parties that any and all disputes,
differences, claims or matters arising out of or in connection with this
Agreement, including its interpretation, validity, performance or enforcement,
shall be subject to the exclusive
jurisdiction of the competent courts at Kolkata, and no other
court or forum shall have jurisdiction in respect thereof.
46.
The
parties further agree that the place of execution of this Agreement and the
location of the property being within the territorial limits of Kolkata, the
courts at Kolkata shall have the appropriate
territorial jurisdiction to adjudicate all matters arising
hereunder.
47.
That
this Agreement has been prepared, executed, and signed in two (2) separate original
counterparts, each of which shall be deemed to be an original
and shall have equal legal force and effect, and each Party hereby acknowledges
receipt of one such original duly executed copy of this Agreement.
48.
That
each of the said counterparts shall be treated as an authentic and binding
instrument evidencing the terms and conditions agreed upon between the Parties,
and both copies together shall constitute one and the same Agreement for all
intents and purposes.
49.
That
the Parties further agree that the execution of this Agreement in counterparts
is for the sake of convenience and record, and the validity, enforceability,
and evidentiary value of this Agreement shall not be affected in any manner by
the fact that it has been executed in such counterparts.
Contd…………
THE SCHEDULE
REFERRED TO ABOVE
ALL THAT piece
and parcel of Bastu land measuring more or less 60 Cottahs 09 Chittaks 08
Sq.ft. be the same a little more or less together with G+IV storied building
standing thereon lying and situate at Mouza- Barhansfartabad, J.L. No. 47,
Pargana- Medanmalla, R.S. No. 7, Touzi No. 109, comprised in R.S. Dag Nos.
1624, 1625, 1632, 1607, 1608 & 1623 appertaining to R.S. Khanda Khatian No.
1810 coming from R.S. Khatian No. 1206 and R.S. Khatian Nos. 1138, 983, 1222,
1536, 1538, District South 24 Parganas. Police Station-Sonarpur, A.D.S.R.
office at Sonarpur, Holding No. 1012, Mahamayatala, Kolkata- 700 084, Ward No.
28 of the Rajpur-Sonarpur Municipality.
The property
is butted and bounded by :-
ON THE NORTH :
R.S. Dag No. 1609
ON THE SOUTH :
25 ft. wide Road
ON THE EAST : R.S.
Dag Nos. 1789, 1626 & 1622
ON THE WEST :
R.S. Dag No. 1603 & 1604
The name of the said building project
above is known, called and named as "RAJWADA ESTATE PHASE- II". The
adjacent land to the above mentioned property where the construction of other
blocks will take place is to be considered a piece and parcel of the project
named "RAJWADA ESTATE PHASE-II
SCHEDULE OF PROPERTY
(Description
of the Said Flat)
ALL THAT one
self-contained, residential flat being Flat
No. A/3A5, situated on the South-East side of the 3rd Floor in Block ‘A’
of the multi-storied building known and named as “RAJWADA ESTATE PHASE-II”,
having a super built-up area of approximately
1160 (One Thousand One Hundred Sixty) square feet, be the same
a little more or less, consisting of bedrooms, drawing/dining space, kitchen,
toilet, W.C., verandahs consisting
of 2 Bed rooms, 1 Dining / Drawing room, 1 Kitchen, 1 Toilet, 1 W.C., 2
Verandah, and
other usual conveniences, together with all internal fixtures, fittings,
electrical installations and appurtenances attached thereto.
AND ALSO one covered car parking space
on the Ground Floor of Block ‘A’, admeasuring approximately 120 (One Hundred Twenty) square feet,
be the same a little more or less, intended for parking of one motor vehicle,
with right of ingress and egress.
TOGETHER WITH the proportionate undivided,
indivisible and impartible share and interest in the land underneath the said
building, and all common areas, spaces, facilities and
amenities including but not limited to staircases, lobbies, passages, lift (if
any), roof, water supply systems, drainage, sewerage, electric connections and
other common installations, to be used in common with other co-owners/occupiers
of the said building.
SITUATED AT premises
being Holding No.
1012, Mahamayatala, Mouza – Barhansfartabad, J.L. No. 47,
Pargana – Medanmalla, comprised in R.S. Dag Nos. 1624, 1625, 1632, 1607, 1608
& 1623, appertaining to the relevant Khatian(s), within the jurisdiction of
P.S. Sonarpur,
Kolkata – 700084, District South 24 Parganas, under the
Rajpur-Sonarpur Municipality.
The said Flat,
car parking space, proportionate land share and all rights, easements and
appurtenances thereto are more
fully and particularly described in the Deed of Conveyance dated 09.09.2016,
registered in Book – I, Volume Number 1629-2016, Pages from 65398 to 65441,
Being No. 162903061 for the year 2016, registered in the office of the
Additional District Sub-Registrar, Garia, West Bengal, which executed in favour
of the Vendors.
SCHEDULE OF
COMMON AREAS AND FACILITIES
1.
All
left open I and pathway, drive way etc.
2.
The space within the building comprised of the
entrance, stair-case, stair- head room, landing lobbies roof.
3.
The
foundation columns, girders, beams, supports, main wall, the main gate and
passage lending to the building and stair-case.
4.
Installation
for common services such as drainage system, water supply arrangement and
electric connection and other amenities, if any to the said premises.
5.
Semi-underground
and overhead water reservoirs, septic tank, pump, motor, pipes and all the
other installation.
6.
Common
sewerage lines.
7.
All other facilities and amenities in the
premises which are intended for common use including entrance at the Ground
floor.
8.
Water
pump with motor and water distribution pipes (save those inside the flat).
9.
Electrical wiring, fittings and other
accessories for lighting the staircase and other common areas/parts.
10. Water
sewerages, evacuation pipes from the flats and sewers common to the building.
11. Main gate and boundary walls to the premises
of the building.
12. Roof of the building.
13. Lift,
Gymnasium, Swimming pool, Community Hall, Generator, CCTV in common areas and
intercom facility etc for the said Complex
SCHEDULE OF
COMMON EXPENSES
1.
MAINTENANCE:
All expenses for cleaning sweeping maintaining white washing, painting,
repairing renovating and replacing the including sanitary and plumbing.
2.
OPERATION:
All expenses for running and operating all machineries equipments and
installation in common parts, water pump with motor and lighting the common
areas generator if any including the costs of repairing renovating and
replacing the same.
3.
INSURANCE:
Insurance premium against fire, riot, stick, malicious damage, earthquake etc.
risks covering the said flat and the sold building
4.
MUNICIPAL
LAND REVENUE AND OTHER TAXES: Municipal Land Revenue and other taxes and
outgoing that may be from time to time levied against the land and/or building
including water and water charges.
5.
STAFF: The Salaries or all other expenses for
the staff employee or to be employed for common purpose including their bonus.
If any and other emoluments benefits.
6.
FLAT OWNERS ASSOCIATION : Establishment and all other expenses of the
Association including its formation establishment and miscellaneous expenses of
the building or any agency of them looking after common purpose until handing
over the same to the Association upon completion of sale and registration at
all the flats in the said building to the respective purchaser and others.
7.
RESERVE: Creation of funds for replacement
renovation and/or periodic expenses.
8.
OTHER:
All other expenses and/or outgoing including litigation expenses as may be
incurred by the builder and/or the Association for common purpose.
IN WITNESS
WHEREOF;
The
parties hereto have set their hands on the day, month and year first above
written.
SIGNED AND
DELIVERED BY;
VENDORS
(Mr. Arnab Kumar Koley)
(Mrs. Kumkum Kolay)
PURCHASER
(Smt. Kakali Sen Mukherjee)
WITNESSES;
1.
2.
Drafted &
Prepared in my Chamber;
Pritam Das,
Advocate
C/o. Sanjib
Badyopadhyay, Advocate
High Court Bar
Association Room No. 14,
High Court
Calcutta
Mobile Number:
9804412345
Email: advocatepritamdas@gmail.com
This AGREEMENT FOR SALE is made and
executed at Kolkata on this _______ day of April, 2026
BETWEEN
(1) MR. ARNAB KUMAR KOLEY (2) MRS. KUMKUM KOLAY
___________
“VENDORS”,
AND
SMT. KAKALI SEN MUKHERJEE
_________“PURCHASER”
AGREEMENT FOR SALE
Drafted & Prepared in my
Chamber;
Pritam Das, Advocate
C/o. Sanjib Badyopadhyay,
Advocate
High Court Bar Association Room
No. 14, High Court Calcutta
Mobile Number: 9804412345
Email:
advocatepritamdas@gmail.com
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