Purchaser's Deed

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AGREEMENT FOR SALE

THIS DEED OF CONVEYANCE made this day of 2023, BETWEEN (1) Sri TAPAN ROY
CHOWDHURY, (PAN. ADKPR8151N), (AADHAR. 9175 0194 0434), (MOBILE No.
9239227866) son of Late Jagabandhu Roy Choudhury, by faith - Hindu, by nationality - Indian, by
occupation - Business, residing at 12A, Rani Bhabani Road, P.O. Kalighat, P.S. Tollygunge,
Kolkata - 700026, District - South 24 Parganas, and (2) SUBHASH ROY CHOWDHURY, (PAN.
ADJPR8160Q), (AADHAR. 4315 7362 3605), (MOBILE No. 6289192898) son of Late Jaga-
bandhu Roy Choudhury, by faith - Hindu, by nationality - Indian, by occupation - Business, resid-
ing at 12A, Rani Bhabani Road, P.O. Kalighat, P.S. Tollygunge, Kolkata - 700026, District - South
24 Parganas, represented through their lawful Constituted Attorney SRI. TARUN KUMAR
GHOSH (PAN. ADUPG1631P), (AADHAR. 4516 0358 8050), (Mobile No. 9831063573), Son of
Late Dhrubapada Ghosh, by religion - Hindu, by nationality - Indian, by occupation - Business, re-
siding at 2 Rani Bhawani Road, P.O. Kalighat, P.S. Tollygunge, Kolkata - 700026, hereinafter
called and referred to as the OWNERS/VENDORS (which expression shall unless exclude by or
repugnant to the subject or context be deemed to include their heirs, executors, administrators, rep-
resentatives and assigns) of the ONE PART AND TARUN KUMAR GHOSH (PAN No.
ADUPG1631P), (AADHAR. 4516 0358 8050), (Mobile No. 9831063573), Son of Late Dhruba-
pada Ghosh, by religion - Hindu, by nationality - Indian, by occupation - Business, residing at 2
Rani Bhawani Road, P.O. Kalighat, P.S. Tollygunge, Kolkata - 700026, District - South 24 Par-
ganas, hereinafter called and referred to as the DEVELOPER, (which expression shall unless ex-
cluded by or repugnant to the subject or context be deemed to include heirs, executors, administra-
tors, representatives and assigns) of the SECOND PART AND (1) SRI.
………………………………………… (PAN. ………………………….), (AADHAAR.
……………………………………………), and son of …………………………………….., by Na-
tionality - Indian, by Faith - Hindu, by occupation - Business, residing at
………………………………………………………………………………………………………,
(2) SRI. ………………………………………….. (PAN. ____________________), (AADHAR
No. ________________________________), son of ………………………………………, by na-
tionality - Indian, by faith - Hindu, by occupation - Business, residing at
………………………………………………………………………………………………………,
hereinafter called and referred to as the PURCHASERS (which expression shall unless excluded
by or repugnant to the subject or context be deemed to include their heirs, executors, administrators,
representatives and assigns) of the OTHER PART.

WHEREAS one Jagabandhu Roy Chowdhury since deceased was the sole and absolute Owner of
amongst other properties the said three premises being Premises No. 182, S.P. Mukherjee Road,
Kolkata - 700026, measuring 5 cottahs 13 chittacks and 38 sq. Ft., more or less and premises No. 2
Rani Bhabani Road, Kolkata - 700026 measuring 3 cottahs and 1 chittack and 11 sq. Ft. more or
less and Premises No. 4A, Rani Bhabani Road, Kolkata - 700026 measuring 3 cottahs 2 chittacks
and 36 sq. Ft. more or less respectively.

AND WHEREAS the said Jagabandhu Roy Chowdhury on about 24th August, 1966 after making
and publishing his last will and testament dated the 12th July, 1962 modified by a Codicil dated
17th day of June, 1966 whereby and where under he appointed his both sons Tapan Roy Chowd-
hury and Subhas Roy Chowdhury and his widow Smt. Namita Roy Chowdhury and one Sudhindra
Nath Roy as the joint executors and executrix to his estate and gave devised and bequeathed
amongst his other properties and assets and the said Premises No. 182, Shyama Prasad Mukherjee
Road, Kolkata - 700026 to his said two sons namely the said Tapan Roy Chowdhury and the said
Subhas Roy Chowdhury in equal shares and Premises No. 2, Rani Bhabani Road, Kolkata - 700026
to his daughter the said Smt. Tapati Roy and Premises No. 4A, Rani Bhabani Road, Kolkata -
700026 to his other daughter the said Smt. Arati Basu.
AND WHEREAS the said executors and executrix to the estate of the said Jagabandhu Roy
Chowdhury applied for grant of probate of the said Will vide Case No. 197 of 1967 in the High
Court, Kolkata (Testamentary and Intestate Jurisdiction) and the Hon’ble High Court vide order
dated the 30th of September, 1967 granted probate thereof.

AND WHEREAS by virtue of the grant of probate to the said Will the said Tapan Roy Chowdhury
and Subhas Roy Chowdhury became the Joint Owners of the Premises No. 182, Shyama Prasad
Mukherjee Road, Kolkata - 700026 and the said Tapati Roy became the sole and absolute Owner of
Premises No. 2, Rani Bhabani Road, Kolkata - 700026 and the said Smt. Arati Basu became the
sole and absolute Owner of the Premises No. 4A, Rani Bhabani Road, Kolkata - 700026.

AND WHEREAS the said Tapan Roy Chowdhury and Subhash Roy Chowdhury became the joint
Owners, each having 50% share, of the fully tenanted Premises no. 182, Shyama Prasad Mukherjee
Road, Kolkata - 700026, consisting of various old Kancha built structures with tile sheds standing
thereon and the owners though being desirous of developing the said Premises had been unable to
shift and/or vacate the tenants at Premises No. 182, S.P. Mukherjee Road, Kolkata - 700026, mea-
suring 5 Cottahs 13 Chittacks and 38 Square Feet more or less.

AND WHEREAS said Tapan Roy Chowdhury and Subhash Roy Chowdhury being the present
owners herein mutated their name as recorded owner in the books and record of the Kolkata Munic-
ipal Corporation in respect of the said plot of land and structure with tiles shed and after mutation
the said plot of land and structure with tiles shed and after mutation the said plot of land and struc-
ture with tiles shed had been numbered and recorded as being holding and premises no. 182,
Shyama Prasad Mukherjee Road, P.O. Kalighat, P.S. Tollygunge, Kolkata - 700026, within Kolkata
Municipal Corporation, under Ward No. 88, District - South 24 Parganas.

AND WHEREAS after acquiring absolute right title and interest over the said property being hold-
ing and premises no. 182, Shyama Prasad Mukherjee Road, P.O. Kalighat, P.S. Tollygunge,
Kolkata - 700026, within Kolkata Municipal Corporation, under Ward No. 88, District - South 24
Parganas, the owner/ vendor hereto of the owner/vendor the one part herein have expressed their de-
sire to develop the said property, the details of which is more fully described in the First Schedule
hereunder in written and hereinafter for the sake of brevity referred to as the SAID PREMISES free
from all encumbrances, charges, liens, attachments, lispendens whatsoever, through any recognised
Developer/ Promoter for construction of Multi-storied Building thereon consisting of several flats in
accordance with the building plan to be sanctioned by the Kolkata Municipal Corporation.

AND WHEREAS having come to know the aforesaid intention of the party hereto of the one part
the party hereto of the other part being the existing tenant and a reputed Developer/ Promoter have
also expressed their desire to take up the task of Development of the said First Schedule Property in
accordance with the Building Plan to be sanctioned by the Kolkata Municipal Corporation.

AND WHEREAS after having detailed discussion the party hereto of the one part being sole and
absolute owner of the said First Schedule property have agreed to develop their said premises for
construction of Multi-storied Building thereon consisting of several Flats, Car parking space, Shop
and commercial spaces, etc. through the party hereto of the other part.

AND WHEREAS having come to know the aforesaid intention of the Owners/ Vendors herein, the
Developer/ Promoter herein have also expressed its desire to take up the task of Development of the
said first schedule property in accordance with the Building Plan sanctioned by the Kolkata Munici-
pal Corporation.
AND WHEREAS after having a detailed discussion the party of one part the Owners/ Vendors
herein hereto being the sole and absolute Owner of the said first schedule property have agreed to
develop their said premises for construction of Multi-storied Building thereon consisting of several
Flats through the party of the Second Part.

AND WHEREAS the owner herein have satisfied regarding the soundness of fund and knowledge
of construction including experience of the Developer herein and the owners agreed with the devel-
oper for construction a Multi-storied building on the said land and one development agreement has
been executed by and between the vendors and the Developer for the purpose of the proposed
Multi-storied building thereon and the said Development Agreement were executed and registered
in the Office of the A.D.S.R. at Alipore on 4th April 2016 and it was recorded in Book no.1, Vol-
ume No. 1605 - 2016, pages from 66954 to 66991 and being no. 160502470 for the year 2016 with
the terms and conditions more full and specifically mentioned therein.

AND WHEREAS a general power of attorney was executed and registered by the owners/ vendors
in favour of the developer namely, Dr. Tarun Kumar Ghosh, Son of Late. Dhrubapada Ghosh, by
religion - Hindu, by occupation - Business, residing at 2, Rani Bhabani Road, P.O. - Kalighat, P.S. -
Tollygunge, Kolkata - 700026, District - South 24 Parganas, which was registered in the office of
the A.D.S.R. at Alipore, on 4th April 2016 and it was recorded in Book No. 1, Volume No. 1605-
2016, pages 65822 to 65837 and being no. 160502475 for the year 2016.

AND WHEREAS a valid building sanction plan vide no. 2018080154 dated 12/11/2018 was ob-
tained from Kolkata Municipal Corporation for the purpose of construction of a multi storied build-
ing on the said land in the name of the vendors by the said Developer.

AND WHEREASone supplementary development agreement has been executed by and between
the vendors and the developer for the purpose of the proposed multi storied building thereon and the
said Development Agreement were executed and registered in the office of the A.D.S.R. at Alipore
in the year 2019 and it was recorded in Book No. 1 and being no. 160505585 for the year 2019 with
the terms and conditions more full specifically mentioned therein.

AND WHEREAS there after obtaining the sanctioned plan the said Developer, have started to con-
struct the multi storied building as per the valid sanction plan consisting of several residential own-
ership flats and/or units, shops, garages and spaces.

AND WHEREAS in urgent need of a residential flat the purchasers herein approached to the ven-
dors and also the Developer herein for purchasing of a self-contained tiles finished residential being
no. ____ measuring about _________ sq. Ft. more or less super built up area AND portion of
________ sq. Ft. more or less super built up area of adjacent of residential flat being no. ____ on
the ________ floor of _______________ side of the said building measuring about total _________
sq. ft. more or less super built up area consisting of _________ bedrooms, _______ box room,
_______ Living Room, ______ dining space, ______ kitchen room, ______ Balcony and ______
toilet/s together with _____ car parking space, marked as ___, measuring about _______ sq. Ft.
more or less in the ground floor of the said building lying situated at and being Premises No. 182,
Shyama Prasad Mukherjee Road, P.O. Kalighat, P.S. Tollygunge, Kolkata - 700026, within Kolkata
Municipal Corporation, under Ward No. 88, District - South 24 Parganas, together with undivided ,
un-demarcated proportionate share of the land and all easement right and rights and after satisfied
from all aspects the owners/ vendors and Developer have agreed to sell the said flat stated herein
above from the Developer’s allocation to the said PURCHASERS herein and the said flat more
fully and specifically mentioned in the Second Schedule hereunder in written with a total considera-
tion of Rs. ___________________________________/- (Rupees
______________________________) only.
NOW THIS INDENTURE WITNESSETH that in consideration of sum of Rs.
_______________________________/- (Rupees ______________________________________)
only of the lawful and truly money of Union of India paid by the Purchaser to the Vendor at the
time of or prior to the execution of these present as per memo of consideration appearing here-
inafter, and the payment and receipt whereof the Vendor doth hereby own, admit and acknowledge
the same and every part thereof the Vendor doth hereby acquit, release, discharge and exonerate
the Purchaser FOR EVER and now nothing is due and payable by the Purchaser to the Vendor or
any count whatsoever. The said flat is free from all encumbrances, attachments, mortgages,
charges, liens, lispendences, claims or demands whatsoever TOGETHER with the RIGHTS
AND PRIVILEGES to use and enjoy the common areas, common parts , common facilities ,
all easements and common amenities for the said residential flat being Flat No.’______’, on the
third floor and the car parking space No. _____ of the said premises without any interruption, dis-
turbances or interferences by the Vendor or any person claiming under him, subject however to
the obligation for payment of maintenance charges and other common expenses. The Vendors/ de-
veloper doth hereby grant, sell, transfer, assign, and assure unto and use of the Purchaser of the said
flat being Flat No.’_____’ on the ________ floor in the premises no. 182, Shyama Prasad Mukher-
jee Road, Kolkata - 700026, P.O. Kalighat, P.S. Tollygunge, having its super built up area of
________ square feet together with proportionate share in the land underneath the building where
the said flat is situated in the premises No. 182, S.P. Mukherjee Road, Kolkata- 700026, P.S. Tol-
lygunge, including the right of usage of roof (limited purposes), common passage and with all other
common amenities and easement rights free from all encumbrances and charges.

BE IT FURTHER MENTIONED HERE that the Purchaser is entitled to sell, mortgage, lease or
otherwise alienate the property being conveyed to the Purchaser and not beyond that the limits
thereof without jeopardizing the floors, roof, ceiling and the building as a whole and also other
rights accrued on him as a owner. That after execution of deed of conveyance the Purchaser is at his
liberty to execute proper deed of agreement between the other co-owners of the said building as to
the easement rights and other common facilities, if the Purchaser desire so.

The Vendor has represented the Purchaser that the Vendor is the absolute owner in respect of the
said flat being no.’_____’ and the car parking space no. _____, which is more fully described in the
Schedule-‘B’, written herein below and the Vendor alone have got the marketable title to the said
flat. The Vendors/ Developer shall at all times herein indemnify or keep indemnified the Purchaser
defect in the title of the Vendors/ Developer or any breach of the covenant herein.

THE FIRST SCHEDULE ABOVE REFERRED TO

ALL THAT piece and parcel of a plot of bastu land 5 (five) Cottahs 13 (thirteen) Chittacks 30
(thirty) Sq. Ft. More or less as per the physically measurement together with various structure with
tiles shed standing thereon lying situate at 182, Shyama Prasad Mukherjee Road, P.O. Kalighat,
P.S. Tollygunge, Kolkata - 700026, within Kolkata Municipal Corporation, under Ward No. 88,
District - South 24 Parganas.

BUTTED & BOUNDED AS FOLLOWS:-

North - 178, Shyama Prasad Mukherjee Road;

South - 40 feet wide Rani Bhabani Road;

East - 120 feet wide Shyama Prasad Mukherjee Road;

West. - 2, Rani Bhabani Road.

THE SECOND SCHEDULE ABOVE REFERRED TO


ALL THAT the piece and parcel of a self contained vitrified ceramic tiles finished residential flat
being no. ____ measuring about ________ Sq. Ft. more or less super built up area AND portion of
__________ Sq. Ft. more or less super built up area of adjacent of residential flat being no. _____
on the ___________ floor of ______________________ side of the said building measuring about
total ___________ Sq.Ft. more or less super built up area consisting of ________ bedrooms,
_______ box room, _______ living room, ______ dining space, one kitchen room, ________ bal-
cony and ______ toilet/s together with _____ car parking space, marked as ___ in the ground floor,
measuring about ______ Sq. Ft. more or less on the ground floor the said building lying situate at
and being Premises no. 182, Shyama Prasad Mukherjee Road, P.O. Kalighat, P.S. Tollygunge,
Kolkata - 700026, within Kolkata Municipal Corporation, under Ward No. 88, District - South 24
Parganas, morefully delineated in the map or Plan annexed hereto and the bordered in “Red” to-
gether with undivided proportionate importable variable share in the land of the said premises more-
fully described in the First Schedule herein above attributable thereto with right to use and enjoy-
ment of the common areas and facilities therewith.

THE THIRD SCHEDULE ABOVE REFERRED TO:


(SPECIFICATION OF WORK)

FOUNDATION - RCC framework with brick wall. Reinforced concrete foundation and piling if re-
quired AS approved by the engineers of Developers.

DOORS - Main gate decorative wooden doors.

WINDOWS - UPVC Windows.

ROOMS - Floor- Living Dining - Vitrified ceramic tiles, other Bedrooms - Vitrified ceramic tiles.
Walls - Brick wall with P.O.P/ putti. Finish.

KITCHEN - Unfurnished/ Unfinished for the Purchaser to complete.

TOILETS - Floor - Anti skid vitrified ceramic tiles. Bathroom Walls to have Kajaria or equivalent
make designer tiles up to door height.

LIFT - One regular operational lift.

WATER SUPPLY - 24 Hours Water Supply.

EXTERIOR/ ELEVATION - Finish with decorative exterior paint as per Architect’s specification.
OTHER FACILITIES - CCTV Camera at Ground Floor, Firefighting equipment/ system and Inter-
com facility.

COMMON EXPENSES:

a. The expenses for maintenance and operation of the lift, white washing painting, repairing or re-
placing, decorating all common portions including generators, common bath rooms, outer walls
of the building, parking spaces, boundary walls, staircases, foundation walls, main entrance, gate
staircase, passage, tubewell, motor pumps, overhead and underground water tanks and all other
spaces for common use.
b. Expenses for maintenance cleaning changing replacing shifting common electrical lines, fittings
accessories, pipe connections, underground reservoirs, over head tank drainages, tube wells, mo-
tor pumps, antenna connections, telephone connections, from gate to the flats etc, and all other
common fixtures, fittings and installations therein.
c. Cost of running generators, motor pumps, and other Electrical Installations and their replace-
ment as may be necessary from time to time.
d. For supplying, providing, purchasing, maintaining, replacing and/or repairing and keeping in
good and serviceable order all fixtures, fittings, appliances, materials or other things which will
be necessary for maintenance, upkeep and cleanliness of the Building or any common portions
thereof.
e. Cost of supply of electricity, gas, mobile oil, or servicing any other materials or things required
for any purpose in connection therewith.
f. Cost of employing necessary staff including Darwan (security staff), Jamadaar (sweeper), etc.
g. All rates charge assessments impositions and other outgoings payable in respect of all common
areas of the building or the entire building so long as separate assessments of flats and other ar-
eas are not made. (Purchaser need to pay proportionately)
h. Any other common charges, expenses, impositions, which may become payable for maintenance
of common benefits and utilities. (Purchaser need to pay proportionately)

THE FIFTH SCHEDULE ABOVE REFERRED TO


(COMMON PARTS) - COMMON TO THE CO-OWNERS

9. Demarcated portion of Lobbies in the ground floor. (excepting Car Parking Space covered un-
covered)
10. Staircases on all floors.
11. Staircase Landings on all floors.
12. Lift Lobbies and Lift well on all floors.
13. Lift installations and machine rooms.
14. Outer walls of the building, foundation walls, entrance gates and main gate of the building.
15. Electrical room, Electrical sub-station, common Electrical Wiring, Meter room, Generator and
its accessories meant for common use.
16. Tube well with pump and machine room.
17. Water Pump, Overhead water tank, Water Tank, Water pipes and other common pumping instal-
lations and water treatment plant.
18. Drainage and sewerage evacuation pipes from the flats to drains and sewers common in the
building.
19. Garbage Disposal area.
20. Other common parts, areas, equipments, installations, fittings and fixtures.

THE SIXTH SCHEDULE ABOVE REFERRED TO:


PURCHASER’S COVENANTS, STIPULATIONS, RESTRICTIONS AND
TERMS AND CONDITIONS

u. To pay proportionately both owners and occupiers share of Municipal rates/ taxes/ levies that
may be levied in future on the said flat.
v. The Purchaser shall also pay electricity charges on due date regularly and punctually without de-
fault failing which the purchaser shall not be entitled to avail electricity connection and the same
shall be disconnected by the Vendor and/or Association.
w. To pay the proportionate share for maintenance charges towards common services provided in
the said building for the use/ benefit of the purchaser and/or Co-purchasers of the other flat/
flats.
x. To pay interest at the rate of 24% per annum on all amounts, becoming due and payable by the
Purchaser to the Vendor hereunder for the period the Purchaser delays and/or defaults in the
payments thereof.
y. To pay the proportionate share for maintenance charges on the due date regularly and in default
thereof the said amount together with interest thereon shall constitute a charge in respect of the
said flat until full payment is made in respect thereof.
z. Not to do anything in connection with the use and enjoyment of the said flat whereby the Ven-
dor and/or other occupants are prejudicially affected.
aa. Not to throw any rubbish, garbage or dismantled building materials in any common parts save
and except in areas specified.
bb. The Purchaser shall not keep nor store in the said flat any inflammable or combustible articles or
any other similar articles giving an offensive smell.
cc. Not to do anything which will cause any nuisance or annoyance to the co-purchasers and/or oc-
cupants of other portions of the building and/or the flat.
dd. Not to decorate or paint or otherwise alter the exterior of the said flat or common parts of the
building in any manner save in accordance with the general scheme thereof as maybe specified.
ee. Not to do anything whereby the other co-purchasers are obstructed in or prevented from quiet
enjoyment of their respective flats and jointly of the common areas.
ff. Not to claim any right title interest over the roof of the said building and or any part thereof of
the building other than the flat purchased provided, however, the roof of the building is NOT for
common use by any or all of the co-owners unless prior permission is obtained from the Devel-
oper.
gg. Not to obstruct in any manner the vendor in raising further storied or making other constructions
or transferring any right in or on the land or building other flats and areas of the building as per
sanctions of the Kolkata Municipal Corporation.
hh. Not to display or affix any neon sign or signboard on any outer walls of the building or the flats
or the common parts and not to affix any letter boxes in any place except the place provided by
the vendor.
ii. Not to claim any partition or sub/division of the land and/or common parts and not to partition
the flats by metes and bounds.
jj. Not to claim any additional rights other than undivided proportionate variable share in the land
comprised in the said premises.
kk. Not to put up brick wall or any other pucca construction within the flat or anywhere in the build-
ing.
ll. Not to keep any goods in the common corridor or common area which shall always be kept free
and no agent or employees of the purchaser will be entitled to any and/or sleep in the common
areas.
mm. The purchaser shall not do, or cause, or permit to be done, any act or deed or thing, which
may increase the insurance premium or render void or voidable any insurance of any flat or any
part of the said building.
nn. To keep the said flat in a good state of repairs and conditions.
oo. The purchaser shall observe and comply with all the rules and regulations provided by the ven-
dor.
pp. If any dues of the vendor and/or an association remains due and payable by the Purchasers, the
Vendor and/or an association shall be entitled to withdraw and/or stop the purchaser from utilis-
ing the common services.
qq. The Purchaser shall not obstruct the vendor and/or an association from carrying out any obliga-
tions and/or duties for the maintenance of the said building or any common parts or utilities.
rr. To permit surveyors or agents of the Vendor and/or the Association with or without workmen all
reasonable time to enter upon the said flat and every part thereof to view the state and the condi-
tions thereof.
ss. Not to make any internal changes whatsoever in the said flat if so it is required with prior discus-
sion in writing to the developer’s permission to do the said change but not disturb the other co-
owners or occupancy.
IN WITNESS WHEREOF the parties herein and hereto have sent and subscribed their respective
hands and seals on the day months and year first above written.

SIGNED, SEALED AND DELIVERED in the presence of

46.

47.

VENDORS

SIGNED, SEALED AND DELIVERED in the presence of

48.

49.

DEVELOPER

SIGNED, SEALED AND DELIVERED in the presence of

50.

51.
PURCHASERS

MEMO OF CONSIDERATION

RECEIVED at and from the within mentioned purchaser a sum of Rs. 30,00,000/- (Rupees Thirty
Lakhs) only being as advance.

DATE By Cash/ Cheque Amount


Cheque no. ___________ of
_________________ Bank / Cash

Total Rs.

Rupees ……………………………………………………………………………only. ( In words.)

SIGNATURE OF THE DEVELOPER

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