Sale Deed of Dipannita Construction Legal (Dilip Show)

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DEED OF SALE

THIS DEED OF SALE is made on this ………. Day of June, Two


Thousand Twenty One (2021) - Between -
(2)
(1) DILIP SHOW, PAN NO. CWRPS5632P, AADHAR NO. is not
provided by UIDAI, S/o Late Ramprasad Show, by faith - Hindu,
by occupation - Service, by Nationality Indian, (2) SAMAR
SHOW, PAN NO. FSPPS6291P, AADHAR NO. is not provided
by UIDAI, (3) ASHOKE SHOW, PAN NO. BZHPS5419N,
AADHAR NO. is not provided by UIDAI, all are S/o Ram Bola
Show, all by faith - Hindu, all by occupation - Business, all by
Nationality Indian, all are residing at 12/3L, Dharmatala Road,
P.O. - Tiljala, P.S. - Kasba, Kolkata - 700039, (4) MINATI NATH,
PAN NO. BOTPN6272F, AADHAR NO. is not provided by
UIDAI, W/o Late Gopal Chandra Nath, by faith - Hindu, by
occupation - Housewife, by Nationality Indian, residing at 12/3L,
Dharmatala Road, P.O. - Tiljala, P.S. - Kasba, Kolkata – 700039,
previously residing at 50/3D/3A, Dharmatala Road, P.O. -
Tiljala, P.S. - Kasba, Kolkata – 700039, (5) KABERI NATH @
KABERI BISWAS NATH, PAN NO. AKXPN9549E, AADHAR NO.
is not provided by UIDAI, W/o Indranil Biswas & D/o Late
Gopal Chandra Nath @ Gopal Chandra, by faith - Hindu, by
occupation - Housewife, by Nationality Indian, residing at Flat
No. 4F, Kwality Bliss, Notunpara, Gopalpur, P.O. & P.S. -
Rajarhat Gopalpur, Kolkata - 700136, North 24 Parganas, (6)
ANJANA DAS, PAN NO. EHAPD4221F, AADHAR NO. is not
provided by UIDAI, W/o Dipankar Das & D/o Late Gopal Nath,
by faith - Hindu, by occupation - Housewife, by Nationality
Indian, residing at 8A, Mahendra Chatterjee Lane, P.O. - Gobinda
Khatick Road, P.S. - Topsia, Kolkata - 700046, (7) MOUMITA
NATH, PAN NO. BGXPN5973P, AADHAR NO. is not provided
by UIDAI, D/o Late Gopal Chandra Nath, by faith - Hindu, by
occupation - Housewife, by Nationality Indian, residing at 12/3L,
Dharmatala Road, P.O. - Tiljala, P.S. - Kasba, Kolkata – 700039,
previously residing at 50/3D/3A, Dharmatala Road, P.O. -
Tiljala, P.S. - Kasba, Kolkata – 700039, (8) BANDANA PATRA,
PAN NO. CPTPP9850B, AADHAR NO. is not provided by
UIDAI, W/o Biswadeb Patra & D/o Late Gopal Chandra Nath, by
(3)
faith - Hindu, occupation - Housewife, by Nationality Indian,
residing at 12/1/2A/1, Bose Pukur Road, P.O. & P.S. - Kasba,
Kolkata - 700042, (9) KABITA HAZRA, PAN NO. AXMPH3990B,
AADHAR NO. is not provided by UIDAI, W/o Ashis Hazra &
D/o Late Gopal Chandra Nath, by faith - Hindu, by occupation -
Housewife, by Nationality Indian, residing at Dattapara,
Kulingram, Barddhaman, Pin Code - 713166, West Bengal,
represent by their legal constituted attorney namely
DIPANNITA CONSTRUCTION, PAN NO. CKAPB6363H, having
its Office at 12/3L, Dharmatala Road, P.O. - Tiljala, P.S. - Kasba,
Kolkata – 700039, represent by its proprietor namely BITHIKA
BHOWMICK alias BITHIKA BHOWMIK, PAN NO.
CKAPB6363H, AADHAR NO. is not provided by UIDAI, W/o
Satya Bhowmick, by faith - Hindu, by occupation - Business, by
Nationality Indian, residing at Noapara, Sonarpur, Kolkata -
700150, (by virtue of Development Power of Attorney which was
registered at D.S.R. - III, Alipore and recorded in Book No. I,
Volume No. 1603-2019, Pages from 10310 to 10341, Deed No.
160300307 for the Year 2019), hereinafter called and referred to
as the “SELLER/VENDOR” (which term and expression shall
unless excluded by or repugnant to the subject or context be
deemed to mean and include their legal representatives,
successors, executors, administrators and/or assigns) of the
FIRST PART:
- AND -
1) SASANKA SEKHAR DEY, PAN NO. BAFPD4557D, AADHAAR
NO. 5756 5346 0070, S/o Sankar Dey, by occupation –
Business, 2) ANU MONDAL DEY, PAN NO. CEEPM9477E,
AADHAR NO. 4289 6689 1453, W/o Sasanka Sekhar Dey, by
occupation - Housewife, both by faith - Hindu, both by
Nationality Indian, both residing at 12/3J, Dharmatala Road,
P.O. - Tiljala, P.S. - Kasba, Kolkata - 700039, hereinafter called
and referred to as the “PURCHASERS” (which term and
expression shall unless excluded by or repugnant to the subject
or context be deemed to mean and include their legal
representatives, successors, executors, administrators and/or
assigns) of the SECOND PART:
(4)
- AND -
DIPANNITA CONSTRUCTION, PAN NO. CKAPB6363H, having
its Office at 12/3L, Dharmatala Road, P.O. - Tiljala, P.S. - Kasba,
Kolkata – 700039, represent by its proprietor namely BITHIKA
BHOWMICK alias BITHIKA BHOWMIK, PAN NO.
CKAPB6363H, AADHAR NO. is not provided by UIDAI, W/o
Satya Bhowmick, by faith - Hindu, by occupation - Business, by
Nationality Indian, residing at Noapara, Sonarpur, Kolkata -
700150, hereinafter called and referred to as the “DEVELOPER”
(which term and expression shall unless excluded by or
repugnant to the subject or context be deemed to mean and
include their legal representatives, successors, executors,
administrators and/or assigns) of the THIRD PART:
WHEREAS one Patra Land Development Corporation was the
sole and absolute owner and possessor in respect of ALL THAT
piece and parcel of Land measuring about 02 Cottahs 13
Chittacks 06 Sq.ft. be the same a little more or less Comprised in
Mouza - Kasba, J.L. No. 13, R.S. No. 233, Pargana - Kalikata,
Touzi No. 145, Dag No. 1697 & 1698, Khatian No. 792, P.S. -
Kasba, District 24 Parganas now South and seized and possessed
thereof.
AND WHEREAS by a registered Deed of Conveyance dated 5 th
February 1965 which was registered at the Office at Sub -
Registrar at Alipore and recorded in Book No. I, Volume No. 34,
Pages from 65 to 70, Being No. 908, for the year 1965 the said
Patra Land Development Corporation sold, transferred, conveyed
and assigned the said land of ALL THAT piece and parcel of Land
measuring about 02 Cottahs 13 Chittacks 06 Sq.ft. be the same a
little more or less Comprised in Mouza - Kasba, J.L. No. 13, R.S.
No. 233, Pargana - Kalikata, Touzi No. 145, Dag No. 1697 &
1698, Khatian No. 792, P.S. - Kasba, District 24 Parganas now
South unto and in favour of Smt. Rani Shaw, W/o Late Ram
Prasad Show the mother of the First Party No. 1 herein and the
Grandmother of the First Party Nos. 2 and 3 herein for a valuable
consideration mentioned therein free from all encumbrances and
delivered khas possession thereof.
(5)
AND WHEREAS the said Rani Shaw while seized and possessed
the said Bastu Land mutated her name in the record of the
Calcutta Corporation now the Kolkata Municipal Corporation in
respect of the said property and the said property assessed arid
numbered as 12/3L, Dharmatala Road, P.S. - Kasba, Kolkata -
700039.
AND WHEREAS by a registered Bengali Kobala dated 16 th July
1987 which was registered at the Office at District Sub -
Registrar at Alipore and recorded in Book No. I, Volume No. 230,
Pages from 82 to 88, Being No. 11465 for the year 1987 the said
Rani Shaw purchased another plot of Bastu Land measuring
about 04 Chittacks be the same a little more or less Comprised in
Mouza - Kasba, J.L. No. 13, Khatian No. 733, Dag No. 1692, P.S.
- Kasba, District 24 Parganas (South) from one Madanjit Singh,
S/o Baijnath Singh of 173, Picnic Garden Road, Police Station
Tiliala, Kolkata - 700039.
THUS the said Rani Shaw became the sole and absolute owner
and possessor of ALL THAT piece and parcel of Bastu Land total
measuring about 03 Cottahs 01 Chittacks 06 Sq.ft. be the same a
little more or less comprised in Mouza -Kasba, J.L. No. 13, R.S.
No. 233, Pargana - Kalikata, Touzi No. 145, Dag No. 1697 &
1698, Khatian No. 792 and in Dag No. 1692, Khatian No. 733,
P.S. - Kasba, District South 24-Parganas.
AND WHEREAS by a Registered Deed of Gift dated 12 th
February, 2016 which was registered at the Office at District Sub
- Registrar III, at Alipore 24 Parganas (South) and recorded in
Book No. I, Volume No. 1603-2016, Pages from 22588 to 22607,
Being No. 160300686, for the year 2016 the said Smt. Rani Shaw
gifted ALL THAT piece and parcel of Bastu Land measuring about
01 Cottah 08 Chittacks 25 Sq.ft. be the same a little more or less
along with 100 Sq.ft. R.T. Shed Structures Comprised in Mouza -
Kasba, J.L. No. 13, R.S. No. 233, Pargana - Kalikata, Touzi No.
145, Dag No. 1697 & 1698, Khatian No, 792, under the
jurisdiction of Kolkata Municipal Corporation being Premises No.
12/3L, Dharmatala Road, P.S. - Kasba, Kolkata - 700039,
District 24 Parganas (South) unto and in favour of her Son
namely Dilip Show, S/o Late Ramprasad Show (the First Party
No. 1 herein) and delivered khas possession thereof and the said
Dilip Show gladly accepted the same.
(6)
THUS the said Dilip Show (the First Party No. 1 herein) while
seized and possessed the said Bastu land mutated his name in
the record of the Kolkata Municipal Corporation in respect of the
said property and the said property re- assessed and re-
numbered as 12/3L/1, Dharmatala Road, P.S. - Kasba, Kolkata -
700039, K.M.C. Ward No. 067, Assessee No. 21-067-10-1485-6,
District 24 Parganas (South).
AND WHEREAS by a Registered Deed of Gift dated 12 th February
2016 which was registered at the Office at District Sub Registrar
- III, at Alipore 24 Parganas (South) and recorded in Book No. I,
Volume No. 1603-2016, Pages from 22608 to 22627, Being No.
160300689, for the year 2016 the said Smt. Rani Shaw gifted
ALL THAT piece and parcel of Bastu Land measuring about 01
Cottah 04 Chittacks 25 Sq.ft., along with 100 Sq.ft. R.T. Shed
Structures be the same a little more or less comprised in Mouza -
Kasba, J.L. No. 13, R.S. No. 233, Pargana - Kalikata, Touzi No.
145, Dag No. 1697 & 1698, Khatian No.792, under the
jurisdiction of Kolkata Municipal Corporation being Premises No.
12/3L, Dharmatala Road, P.S. - Kasba, Kolkata - 700039, within
the limits of the Kolkata Municipal Corporation Ward No. 067,
District 24 Parganas (South) unto and in favour of her Grand
Sons namely (1) Samar Show, (2) Ashoke Show, both are sons of
R.B. Show (the First Party Nos. 2 and 3 herein) and delivered
khas possession thereof and the said Samar Show and Ashoke
Show gladly accepted the same.
AND WHEREAS by an another Registered Deed of Gift dated 12 th
February , 2016 which was registered at the Office at District
Sub - Registrar Ill, at Alipore 24 Parganas (South) and recorded
in Book No. I, Volume No. 1603-2016, Pages from 22588 to
22607, Being No. 160300692, for the year 2016 the said Smt.
Rani Shaw gifted ALL THAT piece and parcel of Bastu Land
measuring about 04 Chittacks be the same a little more or less
comprised in Mouza - Kasba, J.L. No. 13, R.S. No. 233, Pargana -
Kalikata, Touzi No. 145, Dag No, 1692, Khatian No. 733, within
the limits of the Kolkata Municipal Corporation Ward No. 067,
District 24 Parganas (South) unto and in favour of her Grandsons
namely (1) Samar Show, (2) Ashoke Show, both are sons of R.B.
Show (the First Party Nos. 2 and 3 herein) and delivered khas
possession thereof and the said Samar Show and Ashoke Show
gladly accepted the same.
(7)
THUS the said (1) Samar Show, (2) Ashoke Show jointly became
the owners and possessors in respect of ALL THAT piece and
parcel of Bastu Land measuring about 01 Cottah 04 Chittacks 25
Sq.ft. be the same a little more or less comprised in Mouza -
Kasba, J.L. No. 13, R.S. No. 233, Pargana - Kalikata, Touzi No.
145, Dag No. 1697 & 1698, Khatian No. 792, under the
jurisdiction of Kolkata Municipal Corporation being Premises No.
12/3L, Dharmatala Road, P.S. - Kasba, Kolkata - 700039, K.M.C.
Ward No. 67, District 24 Parganas (South) and ALL THAT piece
and parcel of Bastu Land measuring about 4 (Four) Chittacks be
the same a little more or less comprised in Mouza Kasba, J.L. No.
13, R.S. No. 233, Pargana Kalikata, Touzi No. 145, Dag No. 1692,
Khatian No. 733, within the limits of the Kolkata Municipal
Corporation Ward No. 067, District 24 Parganas (South) free from
all encumbrances.
AND WHEREAS the said Samar Show and Ashoke Show while
jointly seized and possessed the said Bastu land mutated their
names in the record of the Kolkata Municipal Corporation in
respect of their said property ALL THAT piece and parcel of Bastu
Land total measuring about 01 Cottah 08 Chittacks 25 Sq.ft. be
the same a little more or less comprised in Mouza - Kasba, J.L.
No. 13, R.S. No. 233, Pargana - Kalikata, Touzi No. 145, Dag No.
1697 & 1698, Khatian No. 792, and in Dag No. 1692, Khatian
No. 733, under the jurisdiction of Kolkata Municipal Corporation
being Premises No. 12/3L, Dharmatala Road, P.S. - Kasba,
Kolkata - 700039, within the limits of the Kolkata Municipal
Corporation Ward No. 067, District 24 Parganas (South) and the
said property assessed and numbered as 12/3L, Dharmatala
Road, P.S. - Kasba, Kolkata - 700039, within the limits of the
Kolkata Municipal Corporation Ward No. 067, Assessee No. 21-
067-10-0121-7, District 24 Parganas (South).
AND WHEREAS thereafter on the basis of an amicable settlement
and desire between the First Party No. 1 and the First Party Nos.
2 and 3, they have hereto decided to exchange portions of their
said proportion between themselves lawfully with their
possession right, title, interest free from all encumbrances along
with easement rights for better further enjoyment of the property
In future.
(8)
AND WHEREAS by a registered Deed of Exchange dated
22.05.2018 which was registered at the Office at D.S.R. - III,
Alipore and recorded in Book No. I, Volume No. 1603-2018, Pages
from 71806 to 71832, Being No. 160302272, for the year 2018
the First Party Nos. 2 and 3 jointly hereby conveyed and
exchanged ALL THAT piece and parcel of Bastu Land measuring
more or less an area of undivided 1/2 share i.e. 552.5 Sq.ft.
equivalent to 12 Chittacks 12.5 Sq.ft. appurtenant land out of net
land measuring 01 Cottah 08 Chittacks 25 Sq.ft. together with
Tiles Shed structures measuring 250 Sq.ft. out of 500 Sq.ft. being
Premises No. 12/3L, Dharmatala Road, P.S. - Kasba, Kolkata -
700039, within the limits of the Kolkata Municipal Corporation
Ward No. 067, District 24 Parganas (South) together with
common easement rights and facilities attached thereto unto and
in favour of the First Party No. 1 herein.
AND WHEREAS on the same deed the First Party No. 1 hereby
conveyed and exchanged ALL THAT piece and parcel of Bastu
Land measuring more or less an area of undivided 1/2 share i.e.
552.5 Sq.ft. equivalent to 12 Chittacks 12.5 Sq.ft. appurtenant
land out of net land measuring 01 Cottah 08 Chittacks 25 Sq.ft.
together with Tiles Shed structures measuring 250 Sq.ft. out of
500 Sq.ft. being Premises No. 12/3L/1, Dharmatala Road, P.S. -
Kasba, Kolkata - 700 039, within the limits of the Kolkata
Municipal Corporation Ward No. 067, District 24 Parganas
(South) together with common easement rights and facilities
attached thereto unto and in favour of the First Party No. 2 and 3
herein.
AND WHEREAS thereafter the said First Parts No. 1, 2 and 3
jointly amalgamated their property i.e. ALL THAT piece and
parcel of Bastu Land measuring about 03 Cottahs 01 Chittack 05
Sq.ft. be the same a little more or less together with 1000 Sq.ft.
Tiles Shed Structures standing thereon lying in and situated at
Municipal Premises No. 12/3L/1 & 12/3L, Dharmatala Road,
P.S. - Kasba, Kolkata - 700 039, within the limits of the Kolkata
Municipal Corporation Ward No. 067, District 24 Parganas
(South) in the record of the Kolkata Municipal Corporation and
the said entire property re-assessed and re-numbered as 12/3L,
Dharmatala Road, P.S. - Kasba, Kolkata - 700 039, within the
limits of the Kolkata Municipal Corporation Ward No. 067,
Assessee No. 21-067-10-0121-7, District 24 Parganas (South).
(9)
AND WHEREAS by a registered Bengali Kobala dated 01.08.1975
which was registered at the Office of Joint Sub - Registrar at
Alipore and recorded in Book No. I, Volume No. 106, Pages from
269 to 274, Being No. 3983, for the year 1975 One Sri Narayan
Chandra Mondal, S/o Late Shyama Charan Mondal of 23,
Dharmatala Road (Bose Pukur), P.S. -Jadavpur, Calcutta -
700042 as a vendor therein sold, transferred, conveyed and
assigned ALL THAT piece and parcel of land measuring about 02
Cottahs 11 Chittacks 35 Sq.ft. be the same a little more or less
together with right to use of 10 feet wide common passage
comprised in Mouza -Kasba, J.L. No. 13, R.S. No. 233, Touzi No.
145, Pargana -Kalikata, Khatian No. 448, Dag No. 1912, Scheme
Plot No. 7, under the jurisdiction of the Calcutta Corporation now
the Kolkata Municipal Corporation being Municipal Premises No.
50/3D, Dharmatala Road, P.S. - previously Jadavpur at present
Kasba, Calcutta now Kolkata - 700 042, unto and in favour of Sri
Gopal Chandra Nath, son of Susil Chandra Nath of 14C,
Bediadanga 2nd Lane, P.S. Tiljala, Calcutta now Kolkata — 700
039, (the deceased husband of the First Party No. 4 and the
deceased father of the First Party Nos. 5 to 9 herein) for a
valuable consideration mentioned therein free from all
encumbrances and delivered khas possession thereof.
AND WHEREAS the said Sri Gopal Chandra Nath while seized
and possessed the said Bastu land mutated his name in the
record of the Kolkata Municipal Corporation in respect of the said
property of ALL THAT piece and parcel of land measuring about
02 Cottahs 11 Chittacks 35 Sq.ft. be the same a little more or
less together with right to use of 10 feet wide common passage
comprised in Mouza - Kasba, J.L. No, 13, R.S. No. 233, Touzi No.
145, Pargana - Kalikata, Khatian No. 448, Dag No. 1912, Scheme
Plot No. 7, under the jurisdiction of the Calcutta Corporation now
the Kolkata Municipal Corporation being Municipal Premises No.
50/3D, Dharmatala Road, P.S. - previously Jadavpur at present
Kasba, Calcutta now Kolkata - 700042, and the said property re-
assessed and re-numbered as 50/3D/3A, Dharmatala Road, P.S.
- Kasba, Kolkata - 700 039, within the limits of the Kolkata
Municipal Corporation Ward No. 067, Assessee No. 21-067-10-
0416-4, District 24 Parganas (South).
(8)
AND WHEREAS thereafter on the basis of an amicable settlement
and desire between the First Party No. 1, 2, 3 and the First Party
Nos.4 to 9, they have hereto decided to exchange portions of their
said proportion land between themselves lawfully with their
possession right, title, interest free from all encumbrances along
with easement rights for better further enjoyment of the property
in future.
AND WHEREAS by a registered Deed of Exchange dated 27 th
July 2018 which was registered at the Office at D.S.R. III, at
Alipore, 24 Parganas (South) and recorded in Book No. I, Volume
No. 1603 - 2018, Pages from 95737 to 95776, being No.
160303044, for the year 2018 the First Party Nos. 4 to 9 jointly
hereby conveyed and exchanged ALL THAT piece and parcel of
Bastu Land measuring more or less an area of undivided 1/2
share i.e. 985 Sq.ft. equivalent to 01 Cottah 05 Chittacks 40
Sq.ft. appurtenant land out of net land measuring 02 Cottahs 11
Chittacks 35 Sq.ft. together with tiles shed structures measuring
250 Sq.ft. out of 500 Sq.ft. being Municipal Premises No.
50/3D/3A, Dharmatala Road, P.S. - Kasba, Kolkata - 700042,
within the limits of the Kolkata Municipal Corporation Ward No.
067, Assessee No. 21-067-10-0416-4, District 24 Parganas
(South), together with common easement rights and facilities
attached thereto, unto and in favour of the First Party No. 1, 2
and 3 herein
AND WHEREAS on the same deed the First Party No. 1, 2, and 3
hereby conveyed and exchanged ALL THAT piece and parcel of
Bastu Land measuring more or less an area of undivided 1/2
share i.e. 1105 Sq.ft. equivalent to 01 Cottah 08 Chittacks 25
Sq.ft. appurtenant land out of net land measuring 03 Cottahs 01
Chittack 05 Sq.ft. together with tiles shed structures measuring
500 Sq.ft. out of 1000 Sq.ft. being Municipal Premises No. 12/3L,
Dharmatala Road, P.S. - Kasba, Kolkata - 700039, within the
limits of the Kolkata Municipal Corporation Ward No. 067,
Assessee No. 21-067-10-0121-7, District 24 Parganas (South)
together with common easement right and facilities attached
thereto unto and in favour of the First Party No. 4 to 9 herein.
(9)
AND WHEREAS thereafter the said First Party No. 1 to 9 jointly
amalgamated their property i.e., ALL THAT piece and parcel of
Bastu Land measuring about 05 Cottahs 12 Chittack 40 Sq.ft. be
the same a little more or less together with 1500 Sq.ft. Tiles Shed
structures standing thereon lying in and situated at Municipal
Premises No. 12/3L & 50/3D/3A, Dharmatala Road, P.S. -
Kasba, Kolkata - 700039, within the limits of the Kolkata
Municipal Corporation Ward No. 067, District 24 Parganas
(South) in the, record of the Kolkata Municipal Corporation and
the said entire property re-assessed and re-numbered as 12/3L,
Dharmatala Road, P.S. - Kasba, Kolkata - 700039, within the
limits of the Kolkata Municipal Corporation Ward No. 067,
Assessee No. 21-067-10-0121-7, District 24 Parganas (South).
AND WHEREAS the Owners made a Development Agreement
with the Developers DIPANNITA CONSTRUCTION, PAN NO.
CKAPB6363H, having its Office at 12/3L, Dharmatala Road,
P.O. - Tiljala, P.S. - Kasba, Kolkata - 700039, represent by its
Proprietor namely BITHIKA BHOWMIK, on dated 29th Day of
January, 2019 which was registered at D.S.R. – III, Alipore and
recorded in Book No. I, Volume No. 1603-2019, Pages from
10342 to 10394, Being No. 160300304 for the year 2019, and
also executed a Development Power of Attorney registered at
D.S.R. - III, Alipore and recorded in Book No. I, Volume No. 1603-
2019, Pages from 10310 to 10341, Deed No. 160300307 for the
Year 2019, for Construction of a Multi Storied Building over the
land measuring more or less 05 Cottahs 12 Chittack 40 Sq.ft. be
the same a little more or less together with 1500 Sq.ft. Tiles Shed
Structures standing thereon lying in and situated at Municipal
Premises No. 12/3L, Dharmatala Road, P.S. – Kasba, Kolkata -
700039, within the limits of the Kolkata Municipal Corporation
Ward No. 67, K.M.C. Assessee No. 21-067-10-0121-7, District
South 24 Parganas.
AND WHEREAS the developer will construct G+4 Storied
Building over the said Premises as per K.M.C. Sanction Plan,
Building Permit No. 2019070111, on dated 03/12/2019,
Borough No. VII. The building is presently under contraction.
(10)
AND WHEREAS the Developer herein as per said Developer
Agreement with the landowner has started construction G+4
Storied Building to be constructed on the said premises with full
authority and power to construct allot fix up sale price of Flat
and to collect and receive full consideration money and to issue
receipts thereof from the intending Flat & the Purchaser in
respect of the Developer’ Allocation.
AND WHEREAS the purchaser have made an Agreement for
Sale with the above said Developer for the Flat measuring
more or less 609 Sq.ft. Super built up area on the 1 st Floor
(South – West Side) Consisting of 2 Bed Rooms, Dining/Hall,
Kitchen, 1 Toilet & 1 Balcony situate at K.M.C. Premises No.
12/3L, Dharmatala Road, P.S. – Kasba, Kolkata - 700039,
within the limits of the Kolkata Municipal Corporation Ward
No. 067, K.M.C. Assessee No. 21-067-10-0121-7, District
South 24 Parganas, which was registered at D.S.R. - III,
Alipore and recorded in Book No. I, Volume No. 1603-2020,
Pages from 67360 to 67402, Being No. 160302240 for the
year 2020.
AND WHEREAS while seized and possessed of “THE SAID P
ROPERTY” by the Land Owner from his Allocation and herein
expressed and concern to sell the said property of ALL THAT
piece of herein declared for sale out of one Flat measuring more
or less 609 Sq.ft. Super built up area on the 1st Floor (South –
West Side) Consisting of 2 Bed Rooms, Dining/Hall, Kitchen,
1 Toilet & 1 Balcony situate at K.M.C. Premises No. 12/3L,
Dharmatala Road, P.S. – Kasba, Kolkata - 700039, within the
limits of the Kolkata Municipal Corporation Ward No. 067,
K.M.C. Assessee No. 21-067-10-0121-7, District South 24
Parganas, along with all beneficial and easement right and
appendages appertaining thereof and after hearing the said
proposal of the vendor hereto the purchaser hereto agreed to
purchase the same free from all encumbrances and offered total
consideration amount a sum of Rs. 23,00,000/- (Rupees
Twenty Three Lakhs) only as to highest offer prevailing in the
market and the vendor hereto satisfy the said offer agreed to sell
the said property in schedule hereunder free from all
encumbrances.
(11)

NOW THIS INDENTURE WITNESSTH as follows:-

1.In Pursuance of agreement and in consolidated consideration of


the Sum of Rs. 23,00,000/- (Rupees Twenty Three Lakhs) only
duly paid by the purchaser to the owner only at the time of
execution of this instruments (the receipt whereof the land owner
do hereby admit and acknowledge and of from the same or every
part thereof for acquit release and discharge the purchaser as
also every portion of the demised Flat free from the same) the
owner do hereby grant sell convey transfer assign and assure ALL
THAT a Flat morefully and particularly described in the schedule
“B” hereunder written and hereinafter referred to as “THE SAID
PROPERTY” OR HOWSOEVER OTHERWISE the said property
and every part thereof now area or is hereto before were or was
situated butted and bounded called known, numbered –described
distinguished TOGETHER WITH all rights, liberties, title, interest,
easement, privileges, appurtenances whatsoever or the said
property or any and every part thereof belonging to or any way,
appertaining to or usually held, used occupied or enjoyed
therewith or reputed to being or be appurtenant thereto and the
rents issues profits thereof and all other legal incidents thereof all
the estate, rights, liberties, title, inheritance, use possession,
property, claim and demand whatsoever of the owners unto And
upon the said property and every part thereof and all other
evidences of title whatsoever in any relating to or concerning the
said property which now are or hereafter shall or may be in
possession , power of control of the Vendor or any other person
or persons from the vendors and procure the same without any
action or suit either in law or in equity TO HAVE AND TO HOLD
the said property, hereby granted transferred, conveyed and
assigned or expressed or intended so to be with the
appurtenances unto the purchaser absolutely and forever, free
from all encumbrances whatsoever.
(12)
2) THE VENDOR HEREBY COVENANT WITH THE
PURCHASER:-
I. THAT notwithstanding any act, deed or thing whatsoever
aforesaid, the Land owner now have good right, full lawful and
absolute authority and indefeasible title to grant, convey, transfer
and assign the said property hereby granted, conveyed,
transferred and assigned or expressed or intended so to be with
the appurtenances unto and to the use of the purchaser in the
manner aforesaid and according to the true intent and meaning
of these presents and
II. THAT the Purchaser shall and may from time to time and at all
times hereafter peaceably and quietly hold occupy possess and
enjoy the said property hereby granted, conveyed, transferred
and assigned and received and take rents, issues and profits
thereof for her absolute use and benefit without any lawful
hindrance, interruption, disturbance or any person eviction or
demanded whatsoever from or by the vendor or any person or
persons whatsoever and
III. THAT free and clear, freely and clearly and absolutely
acquitted exonerated and released or otherwise by and at the
costs and expenses of the vendor well and sufficiently saved
defended kept harmless and other estate rights, title, claim,
mortgage, charge, lien, lispendences and attachments whatsoever
and
IV. THAT further the land owners and all persons having or
lawfully or equitably claiming any estate, right, title or interest
whatsoever into or upon the said property or any and every part
thereof from under or in trust for the vendors and/or their
predecessor-in-title or any of them shall and will from time to
time and all times hereafter the request and costs of the
purchaser do and execute or cause to be executed or done all
such acts , assurances and things whatsoever for further better
and more perfectly assuring the said property hereby granted,
conveyed, transferred and assigned or expressed or intended so
to be used and every part thereof unto and to the use of the said
Purchaser in the manner aforesaid as may be reasonably
required and:
(13)

V. THAT the Purchaser and all persons claiming through or


under her has undisputed and all manner of rights through or
over the said Property and all other rights of easement at law and
in equity and

VI. THAT Simultaneously with the execution of this deed of


conveyances, the land owner deliver peaceful vacant possession
of the said property, described in the schedule below, unto the
Purchaser for the absolute use and as benefits of the purchaser
as full and as absolute owner thereof and all rights, title, interest
over the said property hereby vests unto the purchaser by virtue
of this deed of Conveyances absolutely and forever;

VII. THAT the owner do hereby declare that the said property is
free from all sorts of encumbrances whatsoever and they have
good and marketable right and interest over the said property as
described in the schedule hereto below.

VIII. THAT the Purchaser can Sale, Gift & Lease his said flat in
future.

SCHEDULE “A” AS REFERRED TO ABOVE:

ALL THAT Piece and Parcel of land measuring more or less 05


Cottahs 12 Chittack 40 Sq.ft. lying and situated at K.M.C.
Premises No. 12/3L, Dharmatala Road, P.S. - Kasba, Kolkata -
700039, within the limits of the Kolkata Municipal Corporation
Ward No. 067, Assessee No. 21-067-10-0121-7, District South 24
Parganas, which is butted and bonded by: -

ON THE NORTH : 12’ft. Wide K.M.C. Road.

ON THE SOUTH : Plot No. 9 and 10’ft. Wide K.M.C. Road.

ON THE EAST : C.S. Dag No. 1692 & 1964.

ON THE WEST : Plot No. 6 and Dag No. 1697.


(14)

SCHEDULE “B” AS REFERRED TO ABOVE

ALL THAT Piece and Parcel of a Residential Ownership Flat No.


1B measuring more or less 609 Sq.ft. Super built up area on
the 1st Floor (South – West Side) (Floor – Tiles) Consisting of
2 Bed Rooms, Dining/Hall, Kitchen, 1 Toilet & 1 Balcony in
Rani Apartment, situate at K.M.C. Premises No. 12/3L,
Dharmatala Road, P.S. – Kasba, Kolkata - 700039, within the
limits of the Kolkata Municipal Corporation Ward No. 067,
K.M.C. Assessee No. 21-067-10-0121-7, District South 24
Parganas, Road Zone: Shani Mandir -- Lohamaath, under
Schedule “A” TOGETHER WITH importable proportionate share
and interest in the land, underneath the plinth area of the
building described in Schedule “A” TOGETHER WITH the
impartibly proportionate share in the common facilities and areas
in the premises as described in schedule “C” below the sketch
map attached hereto shall form a part of the document.

SCHEDULE “C” ABOVE REFERRED TO:

(Common Facilities)

1. Foundation of the Building.

2. Boundary wall of the building.

3. Entrance from Municipal Road.

4. Outside plastering and coloring of the building.

5. Stair Cases and landings from Ground Floor to roof with the
building.

6. Water pump electrical panels, wirings, switches, plugs etc and


all electrical installation in common portion.

7. Drains and sewers.

8. Electric Meter room.


(15)

9. Under ground water reservoir overhead water tank, water


pipes and other common plumbing installations and water
distribution of the building.

10. Roof of the building.

11. Such other common parts, areas, equipment, installation


fixtures, fittings and spaces in or about the said building are
necessary for passage to other user and occupiers of the units in
common and as are specify by the vendor expressly to be the
common parts.

12. Lift Facility.

SCHEDULE “D” REFERRED TO ABOVE:

(Common Expenses Proportionate)

1. The Costs and expenses for maintaining, repairing and


redecorating of the main structure.

2. The Cost of cleaning and lighting the main entrance, passage,


landings, staircase and other parts of the said building so
enjoyed or used by the purchasers in common as aforesaid
and keeping the adjoining side space in good and repairable
condition.

3. The costs of paintings, repairing, decorating, redecorating of


the exterior of the said building.

4. The costs towards salaries of clerks, chowkidars, darwans,


sweepers, electricians, bills, collector, caretaker etc.

5. The costs, charges and expenses of working and maintenance


as well as repair of the outside of the building and replacement
of common utilities such as water pump with and accessories
transformer.
(16)

6. Municipal and other Taxes and outgoings in respect of

common portion as settled by the Association time to time.

7. Common Service charges as settled by the Association from

time to time should have to be collected from all the flat

owners of the building of each month according to area.

SCHEDULE “E” REFERRED TO HAVE

(Easement& Quasi-easement Right for Purchaser)

1. The right in common with the other Flat/unit/owner/

occupiers for the use of common parts for ingress in and egress

out.

2. The rite of passage in common with other purchasers to get

gas, electricity, water connections from and to any other flats or

common parts through pipes, drains, wires, conduit lying or

being in under, through or over the said flat as far as may be

reasonably necessary for the beneficial use and occupation of

other parts of the building.

3. The Protection/support vertical or lateral from/by the said flat

that enjoyed by the other parts of the building.

4. The right, with or without workmen and necessary materials

to enter from time to time for the purpose of repairing so far as

may be necessary.
(17)

IN WITNESS WHEREOF the parties have put their respective


signature on the day, month and year first above written.

Signed, sealed and delivered

In presence of

Witnesses:-

1.

_____________________________

Signature of the Constituted

Attorney of the Sellers

2.

____________________________

Signature of the Purchasers

___________________________

Signature of the Developer

Drafted and Prepared by me: -


(18)

MEMO OF CONSIDERATION

Received Rs. 23,00,000/- (Rupees Twenty Three Lakhs) only


from the said Purchaser.

DATE PARTICULARS AMOUNT


07/02/2020 NEFT Rs. 1,20,000/-
17/02/2020 NEFT Rs. 1,00,000/-
01/03/2020 NEFT Rs. 1,50,000/-
01/03/2020 Cash Rs. 30,000/-
14/08/2020 NEFT Rs. 1,00,000/-
21/09/2020 NEFT Rs. 1,00,000/-
06/11/2020 Cheque No-310942 Rs. 9,00,000/-
06/11/2020 Cheque No-310943 Rs. 3,00,000/-
19/06/2021 Cheque No-366694 Rs. 5,00,000/-

Witnesses: -

1.

__________________________

Signature of the Developer

2.

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