DEED OF CONVEYANCE
THIS DEED OF INDENTURE is made on this day of May, Two Thousand Eighteen (2018) of English Calendar BETWEEN
SRI XXX CHAKRAVARTTY (PAN – AKLPC9523H) son of Sri XXX, by faith-Hindu, by Occupation- Service, presently residing at xxx, Sagar Manna Road, Police Station: Parnasree, Kolkata – 700 060, District – South 24-Parganas, hereinafter called and referred to as the VENDOR (which terms or expressions shall unless excluded by or repugnant to the context always mean and include his heirs, executors, legal representatives, administrators and assigns) of the FIRST PART.
(1) SRI xxx DAS (PAN: AJAPN8366M) son of xxx Das, aged about 34 years, by occupation – Service, (2) MRS xxx Das. (PAN: BPCPN5004D) wife of xxx Das, aged about 30 years, by occupation – Homemaker, Both by faith – Hindu, both presently residing at 111/15, Upen Banerjee Road, Babupara (Near Behela Airport More), Parnashree Pally, P.S: Parnashree, Kolkata 700060 with permanent address at Upper Balijodi, P.O. – Sonaparbat, Dist: Sundargarh, Rourkela, Odessa – 769016 herein after called and referred to as the “PURCHASERS” (Which term and expression unless excluded by or repugnant to the context shall be deemed to include all their legal heirs, executors, successors, administrators, legal representatives, transferees and assignee ) of the SECOND PART.
WHEREAS one AD Roy since deceased was the original recorded owner in possession of ALL THAT piece and parcel of land measuring an area of 7 Bighas be the same a little more or less comprised in C.S. Dag Nos.3191,3175, 3178, 3179, 3180, 3182, 3168, 3172, 3173, 3174, 3176, 3177, 3181 under C.S Khatian Nos. 2285, 2286, 2287 and 2288 under Landowner’s Khatian No. 2284 of Mauza -Behala, under the then Police Station – Behala, Pragana- Balia, under Collectorate Touji No. 346, J.L No. 2 Rev. Survey No.83 within the limits of the then South Suburban Municipality which he acquired by inheritance.
AND WHEREAS said AD Roy Sanpui while seized and possessed of the same his name was recorded in the District Settlement record in respect of the said property as “Madhya Sattwadhikary, Chirasthaie Niskar Brahmottar Sattya” land under the said Khatian and was finally published.
AND WHEREAS be it mentioned that the -property comprised in Dag No.6172 under Khatian No.8287 was recorded in the name of one Tenant at will of said AD Roy without having any possession and was finally published.
AND WHEREAS during the period of Second World War the entire property was acquired by the Government according to Defence of India Act for the purpose of defence against payment of compensation for the costs of yielding crops and green vegetables in favour of said Hari Charan Sanpui and the said AD Roy delivered possession of the said property in favour of the Govt. on receiving the compensation. But as the said property measuring 7 bighas was acquisioned for the purpose of the defence the said AD Roy used to receive the yearly rents from the L.A. Officer, Alipore regularly.
AND WHEREAS after Second World War the said property was released and/or derequisitioned in favour of said AD Roy and after getting repossession of the said property the said AD Roy while was in peaceful un-interrupted possession and enjoyment of the -same he made a development scheme and developed the same in various way by laying out road for ingress and egress into the said property and divided them into different small plots for residential purpose and ultimately sold some of the plots to different Purchasers and while had been in peaceful un-interrupted possession and enjoyment of the balance plots of land he died intestate on 15.02.1957 leaving behind his wife (1) Smt. Renubala Sanpui and 7 sons viz. (2) Nandalal Sanpui, (3) Gopinath Sanpui, (4) Kalinath Sanpui, (5) Biswanath Sanpui, (6) Durganath Sanpui, (7) Shambhunath Sanpui and (8) Kedarnath Sanpui, to inherit the said balance plots of land as per the then Hindu Law of Succession.
AND WHEREAS the said heirs being the wife and sons of Late AD Roy after becoming the joint owners in possession by inheritance while had been enjoying the property they for their need sold some plots out of the remaining property to different Purchasers and subsequently said Renubala, Sanpui, Nandalal Sanpui, Gopinath Sanpui, Kalinath Sanpui, Biswanath Sanpui, Durganath Sanpui, Shambhunath Sanpui and Kedarnath Sanpui (Shambhu, Durga and Kedar the then being minors were represented by their mother and natural guardian Renubala Sanpui) jointly sold, transferred, conveyed, assured, and assigned the property being demarcated plot measuring an area 3 Cottahs 10 Chittaks and 25 Sft. be the same a little more or less more fully described in the “FIRST SCHEDULE” below to one Prabhat Kumar Dey and his three brothers viz. Pranab Kumar Dey, Pratap Kumar Dey and Prasad Kumar Dey all sons of Satish Chandra Dey, by a registered Deed of Sale (Bengali Kobala) on 21.06.1957 recorded in Book No. I, as Deed No.2298 for the year 1957 at the office of Joint Sub-Registrar, Alipore at Beheda and delivered peaceful khas possession thereof.
AND WHEREAS after purchase of the property the then landlords Prabhat Kumar Dey and his three brothers (1) Pranab Kumar Dey, (2) Pratap Kumar Dey (3) Prasad Kumar Dey all sons of Satish Chandra Dey, duly mutated their names in the records of the then South Suburban Municipality now the Kolkata Municipal Corporation (S.S. Unit) and the property was recorded and numbered as Municipal Premises No.63, Maya Dasi Road.
AND WHEREAS the then landlord Sri Prabhat Kumar Dey and his three brothers (1) Pranab Kumar Dey, (2) Pratap Kumar Dey and (3) Prasad Kumar Dey while had been in peaceful un¬interrupted possession and enjoyment of the “FIRST SCHEDULE” property by Constructing residential house thereon as owners and occupiers they subsequently for their better enjoyment and to earn more profit decided to develop the said property mentioned in the “FIRST SCHEDULE” below entered into a development agreement on 25.02.2011 with one “STAR MACH” – represented by its sole proprietor SRI DULAL GIRI for construction of a multistoried building as per sanctioned building plan by the appropriate authority.
AND WHEREAS as per terms and conditions of the said development agreement dated 25.02.2011 with “STAR MACH”, the said Developer provide four self contents flats on the first floor each measuring a super built up area of 500 Sft. to then landowners/Vendors Sri Prabhat Kumar Dey and his three brothers (1) Pranab Kumar Dey, (2) Pratap Kumar Dey and (3) Prasad Kumar Dey in finished habitable condition as owner’s share/allocation.
AND WHEREAS as per settlement and mutual arrangement between the Vendors each brother obtained one self contents flats on the first floor each measuring a super built up area of 500 Sft. Accordingly, Sri Prabhat Kumar Dey has been exclusively allotted the flat-mentioned in the “SECOND SCHEDULE” below as his absolute demarcated and allocated property and after getting exclusive possession of the said flat on the first floor on South-East side and since then he has been in peaceful uninterrupted possession and enjoyment of the same as its absolute 16 annas owner and/or well and sufficiently entitled to the same.
AND WHEREAS Sri Prabhat Kumar Dey as the then owner / Vendor sell his exclusive allocated flat together with proportionate share of land underneath more fully described in the “SECOND SCHEDULE” below together with common areas and facilities attached to the said premises free from all encumbrances to one SRI SHIVAJI CHAKRAVARTTY and his three brothers (1) Pranab Kumar Dey, (2) Pratap Kumar Dey (3) Prasad Kumar Dey confirmed the said sale as confirming party which was and/or is registered in Book no.I CD Volume 27 Pages from 1765 to 1789 being No.08492 for the year 2013 registered at ADSR, Behala.
AND WHEREAS after purchase Sri Shivaji Chakravartty duly mutated his name in the records of the Kolkata Municipal Corporation as owner and occupier. While Sri Shivaji Chakravartty, the vendor herein has been in peaceful uninterrupted possession and enjoyment of the said flat as its absolute 16 annas owner and/or well and sufficiently entitled to the “SECOND SCHEDULE” property as owner and occupier being in need of money declared his intention to sell his said flat more fully described in the “SECOND SCHEDULE” below together with common areas and facilities attached to the said premises free from all encumbrances at a price of Rs.14,20,000/= (Rupees Fourteen Lakhs Twenty Thousand ) only and the Purchasers being desirous of acquiring a residential flat in the locality coming to know the intention of the vendor proposed to purchase the same at aforesaid price and the Vendor agreed to the proposal of the Purchasers.
AND WHEREAS an agreement for sale has been executed by and between the Vendor and the Purchasers of this deed dated 1st day of March, 2018, and the Vendor agreed to sell and the Purchasers agreed to purchase ALL THAT piece and parcel of the side flat in the first floor measuring 500 Sft. including super built up area, within Holding No. No.63, Maya Dasi Road, Kolkata-700060, P.S. Behala now Parnasree within ward No. 132 of Kolkata Municipal Corporation comprising of 2 Bed rooms, 1 Dinin-cum-Kitchen, 1 Bath-Privy, 1 Balcony. Though the Government valuation of this property is Rs.16, 55,000/- (Rupees Sixteen Lac Fiftyfive Thousand) only and the purchasers paid Stamp Duty & Registration fees according to the Government Valuation, the Vendors agrees to sale the Flat in good marketable title and the said Flat being free from all encumbrances, attachments, charges and other claims and demands at and for the total price of Rs. 14,20,000/- (Rupees Fourteen Lac Twenty Thousand) only which has been described in the SECOND SCHEDULE. The Purchaser paid Rs.2,00,000/= (Rupees Two Lac) only by account payee cheque bearing No. 676109 dated 25.08.2017 drawn on IDBI Bank ………… Branch & by NEFT dated 257.03.2018 from IDBI Bank ………… Branch in favour of the Vendor. The Vendor on or about on the day of execution of the Agreement for Sale handed over to the Purchaser all the relevant photo copies of the documents for verification by the purchasers.
AND WHEREAS now on being requested by the Purchaser for complete transfer of the flat, the Vendor herein to fulfill his obligation on receiving the entire consideration money hereby sold, transferred, conveyed, assured and assign the said flat more fully described in the “SECOND SCHEDULE” below together with undivided proportionate share of land under “FIRST SCHEDULE” together with proportionate share of common areas and facilities attached to the said premises free from all encumbrances by executing this Deed of Conveyance in favour of the Purchasers.
NOW THIS CONVEYANCE WITNESSETH that in pursuance of the aforesaid Agreement for Sale dated 1st day of March, 2018, and in consideration of payment of advance of Rs.2,00,000/= (Rupees Two Lac) only by account payee cheque bearing No. 676109 dated 25.08.2017 drawn on IDBI Bank ………… Branch & by NEFT dated 257.03.2018 from IDBI Bank ………… Branch in favour of the Vendor and payment of balance consideration money paid on this day in favour of the Vendor as fully described in payment schedule of this deed and in consideration of payment of full consideration money of Rs. 14,20,000/- (Rupees Fourteen Lac Twenty Thousand) only as per memo of consideration (the receipt whereof the Vendor doth hereby and also by the receipt hereunder written admit and acknowledge to have been received and from the payment of the same and every part thereof both hereby acquit release and discharge the Purchaser and also the said Flat/Unit hereby intended to be sold and transferred) the Vendor doth hereby sell transfer convey assure and assign ALL THAT the Flat/Unit on the First Floor of the building containing an area of 500 Sft. (Super built-up area) the said Flat/Unit more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder written) AND ALL THAT the undivided impartible proportionate share in the land of the said Premises and attributable to the said Flat/Unit and ALL THAT the proportionate share into or upon the common areas and/ or utilities and/or facilities in the said PREMISES/ COMPLEX (more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder written) unto and in favour of the Purchasers (the said Flat/Unit and the said undivided share(s) are hereinafter collectively referred to as the said unit and the properties appurtenant thereto TO HAVE AND TO HOLD the said UNIT and the properties appurtenant thereto absolutely and forever free from all encumbrances charges, liens, lispendens, attachments, trusts whatsoever or howsoever AND TOGETHER WITH the right to use the common areas installations and facilities in common with the Vendor, the Purchaser and the owners and other lawful occupants of the Complex/ Premises subject to payment of the proportionate share of maintenance charges’ EXCEPTING AND RESERVING such rights, easements, quasi-easements, privileges reserved for the Vendor and/or the Society and/or Association of Co-owners (more fully and particularly mentioned and described in the THIRD SCHEDULE hereunder written) AND TOGETHER WITH all easements or quasi easements and other stipulations and provisions in connection with the beneficial use and enjoyment, of the Said Unit AND Properties Appurtenant thereto (more fully and particularly mentioned and described in the FORTH SCHEDULE hereunder written) TO HAVE AND TO HOLD THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO hereby sold transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers AND ALSO SUBJECT TO the purchaser making payment of the maintenance charges and other charges payable in respect of the Said Unit (more fully and particularly mentioned and described in the FIFTH SCHEDULE hereunder written.
IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES as follows:-
A) Purchaser shall have the full and absolute proprietary right or interest in the said Flat/Unit on the First Floor of the building known containing an area of 500 Sft. (Super built-up area) (the said Flat/Unit more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder written) save and except any right of demolition or committing any waste of the flat and/or the said building or any part thereof in any manner so as to affect the owner or occupiers of other flats.
B) The Purchaser shall have the transferable and heritable right over the said flat and car parking space hereby acquired subject to the observance of the covenants, conditions and reservations herein contained.
C) The Purchaser’s undivided interest in the said land described in the FIRST schedule hereunder written shall remain joint for ever with the owners of other flats and car parking spaces in the said building, it being declared that the interest in the said land shall be impartable.
THE FIRST SCHEDULE ABOVE REFERRED TO
(TOTAL PROPERTY /THE SAID PREMISES)
ALL THAT piece and parcel of land measuring an area of 3 Cottahs 10 Chittacks 25 Sft. be the same a little more or less comprised in Dag No.3172, under C.S. Khatian No.2284, R.S. Khatian No,2287 in Mouza Behala, Pargana Balia, Revenue Survey No.83, J.L. No.2, Touzi No.346, lying and situated at Municipal Premises No.63, Mayadasi Road, being Postal Premises No.135/ 1, Sagar Manna Road, Kolkata – 700 060 under Police Station- erstwhile Behala now Parnasree, within the limits of the Kolkata Municipal Corporation, S.S. Unit, K.M.C. Ward No. 132, Assessee No.41-132-09-0192-1, A.D.S.R.O. Behala, District the then 24-Parganas now South 24-Parganas. The total property is butted and bounded by :
ON THE NORTH : House and Homes Colony;
ON THE SOUTH : Plot No. 13;
ON THE EAST : Others Land;
ON THE WEST : 10′ wide Common Passage.
THE SECOND SCHEDULE ABOVE REFERRED TO
(SCHEDULE PROPERTY / THE SAID UNIT)
ALL THAT entire flat on the First floor, South-East side, measuring an area of 500 Sft. (Super built up area) with marble flooring consisting of 2 bed rooms, 1 dining cum kitchen, 1 bath and privy, 1 balcony, together with proportionate share of land at Municipal Premises No. 63, Maya Dasi Road, Kolkata-700060 within Ward No, 132 of The Kolkata Municipal corporation and its Postal Premises No. 135/1, Sagar Manna Road, former Police Station : Behala now Parnasree, Kolkata – 700 060 in the District of South 24 Parganas together with undivided proportionate share of right, title and interest of the land under FIRST SCHEDULE upon which the said multistoried building has been constructed together with proportionate share of all rights, privileges in the common areas and facilities, including the roof liabilities provided or to be provided in the common areas facilities, liberties liabilities provided or to be provided in the said building and/or the said premises with other co-owners. The property hereby sold is shown in the annexed plan bordering RED colour.
THE THIRD SCHEDULE ABOVE REFERRED TO
(COMMON AREAS AND UTILITIES)
1) Staircase including on all the floors of the said building forming part of Residential Complex.
2) Ultimate roof of the Building in which the said UNIT is situated.
3) Common passages including the main entrance landings and lobbies in the Tower concerned which will be common for the building.
4) Electrical room and Pump rooms of the building.
5) Water pump and water tank, Underground reservoir, overhead tank and water supply line of the building.
6) Electric service line and electric main line wiring, electric for pump installed in the building and in the meter.
7) Meter Room for residential Unit(s).
8) Drainage and Sewers.
9) Boundary wails.
10) Main gate for building.
11) Ramps of the building.
12) Driveways of the building.
13) Service areas of the building.
14) T.V. Cable Connection.
15) Such common parts, areas, equipments, installations, fixtures, fittings and spares in or about the said building as are necessary, space to be used by the occupiers in common with others.
THE FORTH SCHEDULE ABOVE REFERRED TO
(EASEMENTS OF QUASI-EASEMENTS)
1) The right in common with the Purchaser and/or other person or persons entitled to the other part of the Building as aforesaid for the ownership and use of common part or parts of the building including its installations staircase, open space(s) in ground floor covered space(s), electrical installations and other passages.
2) The right of passage in common with the Purchaser and other person or persons as aforesaid of electricity, water and soil from and to any part (other than the Said Unit of the other parts of the Building through pipes, drains, wires, conduits lying or being under through or over the Said Unit(s) so far as may be reasonably necessary for the beneficial use and occupation of the other portion or portions of the Building for all purposes whatsoever.
3) The right of protection for other portion or portions of the Building by all parts of the Said Unit as far as they now protect the same or as may otherwise become vested in the Purchaser by means of structural alterations to the Said Unit or otherwise in any manner to lessen or diminish the support at present enjoyed by other part or parts of the Building.
THE FIFTH SCHEDULE ABOVE REFERRED TO
1) Repairing rebuilding repainting improving or other treating as necessary and keeping the Premises and every exterior part thereof in good and substantial repair order and condition and renewing and replacing all worn or damaged parts thereof.
2) Painting with quality paint, as often as may (in the opinion of the Holding Organization) be necessary and in a proper and workmanlike manner all the wood metal stone and other work of the Premises and the external surfaces of all exterior doors of the Building and decorating and colouring all such parts of the Premises as usually are or ought to be.
3) Keeping the gardens and grounds of the Premises generally in a neat and tidy condition and tending and renewing all lawns flowers beds shrubs trees forming part thereof as necessary and maintaining repairing and where necessary reinstating any boundary wall hedge or fence.
4) Keeping the inside road in good repair and clean and tidy and edged where necessary and clearing the inside road when necessary.
5) Paying a fair proportion of the cost of clearing repairing instating any drains and sewers forming part of the Premises.
6) Paying such workers as may be necessary in connection with the upkeep of the premises.
7) Cleaning as necessary the external walls and windows (nor forming part of any unit(s) in the Premises as may be necessary keeping cleaned the common parts and halls passages landing and stair cases and all other common parts of the building.
8) Cleaning as necessary of the areas forming parts of the Premises.
9) Operating maintaining and (if necessary) renewing the lighting apparatus from time to time of the maintained Premises and providing such additional lighting apparatus as the Flat owner’s Association may think fit.
10) Providing and arranging for the emptying receptacles for rubbish.
11) Paying all rates taxes duties charges assessments and outgoings whatsoever (whether central state or local) assessed charged or imposed upon or payable in respect of the building or any part thereof excepting in so far as the same are the responsibility of the individual owners/ occupiers of any flat/ unit.
12) Abating any nuisance and executing such works as may be necessary for complying with any notice serviced by a local authority in connection with the development or any part thereof so far as the same is not the liability of or attributable to the flat /unit of any individual of any flat.
13) Generally managing and administering the development and protecting the amenities in the building and for that purpose employing any contractor and enforcing or attempting to enforce to enforce the observance the covenants on the part of any occupants of any of the flat/unit.
14) Employing qualified accountant for the purpose of auditing the accounts in respect of the maintenance expenses and certifying the total amount thereof for the period to which the account relates.
15) Complying with the requirements and directions of any competent authority and with the provisions of all statutes and all regulations orders and bye-laws made there under relating to the building excepting those which are the responsibility of the owner of any flat/unit.
16) The purchase, maintenance renewal and insurance of equipment as the Vendor may from time to time consider necessary for the carrying out of the acts and things mentioned in this schedule.
17) Administering the management company staff and complying with all relevant statutes and regulations and orders there under and employing suitable persons or firm to deal with these matters.
18) The provision of maintenance and renewal of any other equipment and the provision of any other service which in the opinion of the Management Company/Holding Organization it is reasonable to provide.
19) Such time to be fixed annually as shall be estimated by the Molding Organization (Whose decision shall be final) to provide a reserve fund for items of expenditure referred to in this schedule to be or expected to be incurred at any time.
20) The said reserve fund shall be kept in separate account and the interest thereon or income from the said fund shall be held by the Holding Organization for the trust of the owners of the units/ flats and shall only be applied in accordance with the terms of this schedule.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals on the day, month and year first above written.
SIGNED SEALED AND DELIVERED by the within name VENDORS at KOLKATA in the presence of:
1) SIGNATURE OF VENDOR
SIGNED SEALED AND DELIVERED by the within name PURCHASER at KOLKATA in the presence of:
2) Identified by me and
signed before me
Alipore Court, Kolkata
E.mail : XXXX
Typed by: xxxxx
MEMO OF CONSIDERATION
Received from the purchasers herein a sum of Rs.14,20,000/- (Rupees Fourteen Lac Twenty Thousand) only as the total consideration of this presents in following manner.
Cheque Number. Instrument Date Cheque Drawn on Amount in Rupees
No. 676109 19.02.2018 xxx Bank 50,000.00
By NEFT 27.03.2018 xxx Bank 1,50,000.00
26.04.2018 SBI KOLKATA HIGH COURT SPB BRANCH
19.04.2018 xxx Bank Ltd. 10,00,000.00
Total amount in Rupees: 14,20,000.00
(Rupees Fourteen Lac Twenty Thousand) only
Signed Sealed and Delivered
in the presence of
2) SIGNATURE OF VENDOR