Deed of Sale
This indenture made this 15th day of December 2000 between X & Co., a Partnership Firm, having its Registered Office at …………………………………………………………… represented by Mr. MN one of the Partners in his capacity as the “Partner” and a constituted Attorney of all the other Partners of the said Firm, hereinafter referred to as the vendors (which expression shall unless excluded by or there be something repugnant to the subject or context be deemed to mean and include the firm and its partners for the time being and each of their respective heirs, executors, administrators and legal representatives) of the one part and AB, son of CD by faith Hindu, by occupation business, residing at ……………..…………………………………………… (hereinafter referred to as the purchaser, which expression shall unless excluded by or there be something repugnant to the subject or context be deemed to mean and include his heirs, executors, administrators, legal representatives and assigns) of the other part.
Whereas by a Deed of Conveyance dated 15th September 1966 registered with the Registrar of Assurance at Calcutta in Book No. 1, Volume No. 2, being No. 3 at pages 4 to 10 for the year 1966 the Vendors herein purchased from PQ and others all that Premises No. …………………… comprising an area of 10 bighas and for the consideration money therein mentioned.
And whereas three of the Partners of the vendors herein namely, OP (since deceased), QR (since deceased) and MN by a Deed of Conveyance dated 18th January 1972 registered with Registrar of Assurances at Calcutta in Book No. 2, Volume No. 3, at pages 4 to 10, being No. 11 for the year 1972 purchased from XY and another all that piece and parcel of land being Premises No. ……………………………… containing an area of 3 bighas for the consideration money therein mentioned.
And whereas the total consideration money for the said property purchased by the Late OP, Late QR and MN was paid out of the till of the partnership firm namely the Vendors and the said Premises was treated as part of the assets of Vendors Firm and the vendors had all along been and still are in possession of the same as Owners thereof.
And whereas by a Deed of Declaration dated 7th February 1993 duly registered with the Registrar of Assurances at Calcutta in Book No. 3, Volume 4, being No. 5, pages 15 to 20 for the year 1993 by the heirs and legal representatives of the Late OP declared and confirmed that the said property belonged to the vendors.
And whereas by a Deed of Declaration dated 5th day of February 1993 duly registered with the Registrar of Assurances at Calcutta in Book No. 3, Volume 4, being No. 5, pages 21 to 30 for the year 1993 the heirs of the late A. Das declared and confirmed that the said property exclusively belonged to the vendors.
And whereas by a Deed of Declaration dated 5th March 1993 duly registered by MN with the Sub-Registrar of Assurances at Alipore in the State of West Bengal, in Book No. 5, Volume 13, being No. 14, pages 10 to 15 for the year 1993 it was declared and confirmed that the said property exclusively belonged to the vendors.
And whereas by virtue of the said two separate Deeds of Conveyance dated 15th September 1966 and 18th January 1972 and the said three Deeds of Declaration the vendors herein became the sole and absolute owners of all that the portion of the premises No. ……………… of ……………, now known as …………………………………… and the portion of the premises No. ………………… now known as ………………………………… containing a total area of land measuring 13 bighas be the same a little more or less together with buildings and structures standing thereon and more fully described and set out in Parts I, II and III of the First Schedule hereunder.
And whereas after the purchase of the said land the vendors herein had constructed several Sheds, Godowns, Offices, Buildings, Staff Quarters and other essential parts for running of their factory smoothly with prior permission of the authorities concerned.
And whereas by an Order dated 5th December 1992 made by a competent authority under the Urban Land (Ceiling and Regulations) Act 1976, it was recorded that the said Premises No. …………… and No. …………… of …………………… have no excess vacant land.
And whereas the Partners of the Vendors Firm decided and framed a scheme amalgamating the said two premises for development and laid the necessary roads and passages for ingress in and egress out of the said plots as shown in the master plan kept in the office of the vendors and to sell the said plots to the Buyers. The said amalgamated premises is hereinafter referred to as the said premises.
And whereas (1) MN, (2) EF (3) GH and (4) JK are the present partners of the Vendors Firm.
And whereas by a Power of Attorney dated 14th December 1992 all the Partners of the Vendors Firm have jointly authorised MN one of the Partners to sign and execute and register the Conveyance and/or the Conveyances in favour of the purchaser and/or the purchasers of the plot of land with or without structures and to receive consideration money.
And whereas the purchaser had offered to purchase 4 cottahs of land with structures standing thereon being a portion of Premises No. …………………………………………… and ………………………………. being Plot No. E5 and shown with Red Borders in the Master Plan free from all encumbrances whatsoever and for the sake of brevity the said Plot No. E4 with the land and structures standing thereon is hereinafter referred to as the demised premises.
And whereas the vendors have accepted the offer made by the purchaser and agreed to sell the same to the purchaser.
And whereas the purchaser had inspected the original Title Deeds and documents in respect of the properties a list whereof are set out in the fourth Schedule hereunder written and fully satisfied about the Title of the demised premises and agreed not to raise any objection or question on the title or dispute the same in future and also inspected the Master Plan of the entire land and satisfied about the said plot, and common passages and roads for ingress in and egress out of the said plot which is more fully set out and described in the Third Schedule hereunder written.
And whereas the vendors have obtained the Clearance Certificate under section 230A of the Income Tax Act 1961 and the purchaser has taken inspection thereof.
And whereas the purchaser agreed to purchase and the vendors agreed to sell the said plot No. E5 with land and the structures standing thereon for a sum of Rs. 2,50,000 (Rupees two lakhs fifty thousand only) towards payment of the agreed consideration money.
And whereas a Master Plan prepared by the vendors is annexed hereto showing the said land with structures standing thereon and shown with red borders and the common areas and passages and roads to be used in common by the purchaser with the vendors and other owners of the other plots in respect of the use and occupation of the said plot of land with structures standing thereon and more fully described and mentioned in the Second Schedule hereunder written, and the said common areas and common passages are more fully set out and described in the Third Schedule hereunder written and shown with green and yellow colours on Master Plan annexed hereto.
And whereas the purchaser has now requested the vendors to complete the sale by executing and registering the Sale Deed in respect of the said plot of land with the building and structures standing thereon against payment of the full consideration money and agrees to observe and perform and comply with the obligations which are set out in the Fifth Schedule hereunder written.
Now this indenture witnesseth that in consideration of the agreement arrived at between the vendors and the purchaser and in consideration of the payment of a sum of Rs. 2,50,000 (Rupees two lakhs fifty thousand only) by the purchaser to the vendors being the full agreed consideration money (receipt whereof the vendors do hereby admit and acknowledge and of and from the same and every part thereof do hereby acquit, release and discharge the same and every part thereof and the said plot of land with structures standing thereon being demarcated portion of the said Premises No. ……… and ………………………………………………………… containing an area of 4 cottahs intended to be conveyed herein as also the purchaser) they the vendors do hereby grant, transfer, sell, convey, assign and assure unto the purchaser all that the 4 cottahs of land with the pucca structures standing thereon being the demarcated portion of the premises Nos. ……… and ……………………………………… comprised in the plot No. E5 and shown within the “red” borders in the Master Plan more fully set out and described in the Second Schedule hereunder written and for the sake of brevity hereinafter referred to as the said land and/or the demised premises to have and to hold the same and every part thereof and the inheritance thereof in fee simple in possession unto and to the use of the purchaser absolutely and for ever together with all structures whatsoever belonging thereto or held and enjoyed therewith and all the estate, right, title, interest, claim and demand whatsoever of the vendors into and upon or in respect of the said portion of plot of land hereditaments and premises and every part thereof and xerox copies of all deeds pattahs writings muniments and evidences of title relating thereto or any part thereof which now are or may hereafter be in possession or custody of the vendors or any person or persons from whom the vendors may procure the same without any action either at law or in equity and that notwithstanding any act deed or thing done by the vendors or any of its predecessors in title to the contrary the vendors have good right full power and absolute authority to grant, convey, confer or transfer the said land hereditaments and premises unto the Purchaser in the manner aforesaid and that the purchaser shall and may at all times hereafter peaceably and quietly possess and enjoy the same and every part thereof without any lawful eviction interruption claim or demand whatsoever from or by the vendors or through any person or persons having or lawfully claiming from under or in trust for the vendors or any of its predecessors in title and that free from all encumbrances made or suffered by the vendors or any of its predecessors in title or any person having or lawfully claiming as aforesaid and further that they the vendors and all persons having or lawfully claiming any estate or interest in the said land hereditaments and premises or any part thereof from under or in trust for the vendors shall and will at all times hereafter at the request and cost of the purchaser do and execute or cause to be done and executed all such acts deeds and things whatsoever for further better and more perfectly assuring the said land hereditaments and premises and every part thereof unto the purchaser as may be reasonably required and also that the vendors shall and will at all times hereafter at the request and cost of the purchaser produce to him or as he shall direct the deeds and writings specified in the Fourth Schedule hereunder written for evidencing the title to the said land hereditaments and premises and also furnish to the purchaser copies of or extracts from the said deeds and writings and shall and will in the meanwhile keep the same safe, unobliterated, damage by fire or other inevitable accident excepted and that the vendors shall have exclusive right of ownership of all other areas which belong to them and shown on the Master Plan annexed hereto and which is comprised in the said Premises being No. ……… and …………………………………………… with full liberty to the Vendors to sell the other plot or plots shown on the Master Plan to any person or persons and that the purchaser shall have no right of ownership over and in respect of any other plot or plots or other areas of land comprised in the said premises and further that the vendors hereby covenant with the purchaser that the purchaser shall for ingress in and egress out of the said land have the right of use of the common passage/roads/facilities set out and described in the Third Schedule hereunder written and shown within Green and Yellow colours on the Master Plan annexed hereto without in any way obstructing the vendors or any other person or persons who may be purchaser or purchasers or occupiers of other plots or areas and their employees agents and visitors nor the purchaser will cause any obstruction thereon by storing any materials and/or by construction of any permanent or temporary structure in whatsoever manner thereon or on any part thereof and/or by parking any vehicles, carts, etc. in the said common roads/passages/areas and the purchaser hereby agrees undertakes and covenants with the vendors to become a Member of the Society or Association to be formed by the vendors at the cost of the purchaser and buyers of other plots for the purpose of maintenance of the common passages and roads and electric posts, lights on the passage, transformers, water pump, common toilets or any other purpose and the purchaser hereby agrees and covenants that he will abide by and observe the terms and conditions rules and regulations of such Society or Association to be so formed by the vendors and pay to the vendors the maintenance charges, electricity charges and/or any other charges as will be fixed from time to time by the vendors so long the Society or the Association is not formed for the purpose of utilising common facilities, electricity etc. without raising any objection whatsoever and in default of payment of any one monthly Bill for the same the vendors shall have the full and absolute right to disconnect and discontinue any such facilities/electric connection till the amount of Bill is not paid and the purchaser further agrees and covenants with the vendors that so long the Municipal rates and taxes and other levies are not being assessed separately by the authority concerned in respect of the said land and premises the purchaser will pay the proportionate rates, taxes charges and all outgoings as will be fixed by the vendors without raising any objection whatsoever and in default of payment of any two monthly Bills within seven days from the date of the Bill the vendors shall have the unfettered right to disconnect and discontinue the facilities which have been agreed to be given by the vendors to the purchaser without giving any further Notice to the purchaser and the purchaser covenants and agrees to observe perform and comply with the terms and conditions set out and mentioned in various clauses of the Fifth Schedule hereunder written and that the vendors shall and will at all times hereafter at the request and costs of the purchaser produce to him or as he shall direct the deeds and writings specified in the Fourth Schedule hereunder written for evidencing the title to the said Land hereditaments and premises and also furnish to the purchaser copies of or extracts from the said deeds and writings and shall and will in the meanwhile keep the same safe, damage by fire or other accident excepted.
The First Schedule above referred to
Part I
All those pieces or parcels of lands hereditaments and premises No. ……………………… (formerly known as ………………..………………………… and prior thereto known as …………………………… of …………………… ) containing by measurement an area of 10 bighas be the same a little or less situate and lying in Mouza Malipanchghora within Police Station Bally and the District Howrah under Khatian and Dag. Nos. as follows:
Sl. Dag Khatian Touzi J.L. K.S. Area in
No. No. No. No. No. No. acre
1. 54 53 77 15 1985 35
2. 55 70 82 15 1985 37
3. 56 93 … … … 380
4. 57 93 … … … 100
5. 58 40 82 15 1985 200
6. 59 40 20 15 1985 583
7. 60 70 39 15 1985 770
8. 61 13 87 15 1985 100
(Hooghly)
and butted and bounded as follows:
On the North by Vendors’ Boundary Wall
On the East by Vendors’ Boundary Wall
On the South by Vendors’ Boundary Wall
On the West by Vendors’ Boundary Wall
Morefully delineated and shown in the Map or Plan annexed with the part recited Deed of Conveyance dated 15th day of September 1966.
Part II
All that piece or parcel of land and hereditaments together with the structures and sheds standing thereon measuring an area of 2 bighas be the same a little more or less, being premises No. ……………………… of ………………………… an delineated and shown in the Map and Plan annexed hereto and registered on 15th day of January 1972 between X and Y and butted and bounded on the North by the land of M; on the East by passage; on the South by remaining portion of premises No. 5 G.T. Road and on the West by Roy Street. The property is recorded on the Settlement Record comprised in Touza No. 398 (Hooghly) Parganas Khalore Bora and Dharsu and Khatian Nos. 203, 358 and 175 jointly with LN and others.
Part III
All that piece or parcel of land and hereditaments together with building, dwelling quarters, staff quarters, security office shed and structure standing thereon containing an area of 1 bigha and now amalgamated and aggregated to the total area of 13 bighas be the same a little more or less and now known as Municipal Holding No. …………………. , Khatian No. ………… , J.L. No ………… Dag No. …………………, a Total rent of Rs. ……… (Rupees ……………) only is at present payable to the State of West Bengal in respect of the said entire property, butted and bounded in the manner following:
On the North by Vendors’ Boundary Wall
On the South by Vendors’ Boundary Wall
On the East by Vendors’ Boundary Wall
On the West by Vendors’ Boundary Wall
Or howsoever the same was/is or may be butted and bounded called known numbered described and distinguished.
The Second Schedule above referred to
All that the piece and parcel of land measuring 4 cottahs be the same a little more or less together with the structures and shed standing thereon being the demarcated portions of Premises No. ………… and ……………………………………… of …………………………………… being Plot No. E5 and shown in the Master Plan annexed hereto within ……………………………………………………………………………… butted and bounded in the manner following that is to say:
On the North by Plot No. E7
On the South partly by plot No. D5
On the East by Municipal drain; and
On the West by Common Road
and is delineated on the Master Plan annexed hereto and thereon bordered “Red” and the common passage and Roads coloured Yellow.
The Third Schedule above referred to
Common Passage as shown in the Map or Plan annexed hereto and thereon coloured Yellow.
Common area as shown in the Map or Plan annexed hereto and thereon coloured Green such as Transformer Room, Power House, Toilets, Security Office Room, Pump House, Association Office Room, Main Gates.
The Fourth Schedule above referred to
(1) Bengali Deed of Sale dated 10th June 1931 made between K and L.
(2) Bengali Deed of Sale dated 10th July 1945 made between M and N.
(3) Deed of Conveyance dated 15th September 1966 between O and P.
(4) Certified copy of the Partition Decree dated 25th June 1937 made in the High Court at Calcutta in Suit No. 1010 of 1943. (P-vs-Q)
(5) Deed of Conveyance dated 18th January 1972 between R and S registered with the Registrar of Assurances at Calcutta in Book No. 2, Volume No. 3, pages 100 to 108 being No. 4 for the year 1972.
(6) Deed of Declaration dated 7th February 1993 between T and U registered with the Registrar of Assurances at Calcutta in Book No. 3, Volume No. 4 being No. 5 for the year 1993.
(7) Deed of Declaration dated 5th day of February 1997 by V registered with the Registrar of Assurances at Calcutta in Book No. 3, Volume No. 4 being No. 5 for the year 1993.
(8) Deed of Declaration dated 5th March 1993 by W registered with the Sub-Registrar of Assurances at Alipore, District 24-Parganas in Book No. 5, Volume No. 13 being No. 14, pages 10 to 15 for the year 1993.
(9) (i) Deed of Partnership dated 3rd January 1997 between MN and EF.
(ii) Deed of Partnership dated 30th April 1997 between MN, EF and OP.
(iii) Deed of Partnership dated 10th June 1998 between MN, EF, OP and JK.
(iv) Deed of Partnership dated 15th May 1999 between MN, EF, UV and JK.
(10) General Power of Attorney by all the partners in favour of MN dated 15th June 1999.
The Fifth Schedule above referred to
(1) The rates, taxes and all other outgoings of whatsoever nature due and payable in respect of the said plot of land shall be borne and paid by the vendors upto the date of sale or delivery of possession whichever is earlier and thereafter the purchaser shall be taken to pay all rates, taxes and impositions and all other outgoings of whatsoever nature in respect of the said plot of land to the vendors.
(2) That the purchaser will pay the proportionate share of all Municipal rates and taxes, duties and levies to the vendors for his plot of land till the said plot is separately assessed and mutated in the name of the purchaser. The purchaser will upon registration of these presents apply for mutation of his name to the appropriate authorities.
(3) The purchaser may be allowed by the vendors to consume electricity energy out of the Vendor’s Transformer to such extent as may be decided by the vendors for which the separate sub-meters will be installed by the vendors or by their authorised contractor at the cost of the purchaser.
(4) That the purchaser may be allowed to take the electric connection from the Vendors’ Electric Transformer and shall erect, instal the said electric line only from the Junction Box as may be instructed permitted by the vendors either through authorised electrical contractor or directly and shall pay and shall bear all costs expenses installation charges of the same subject to regular payment for consumption of electricity. The purchaser shall have the right to take electric connection directly from the CESC. Ltd. and in that event connections taken from the Vendors Transformer shall be disconnected.
(5) The Electric Bill will be made for consumption of electricity on the electricity consumed as per sub-meter reading at the current rates charged by the C.E.S.C. Ltd. plus 5% of actual proportionate surcharge on account of leakage and loss of energy during transmission and supply from the Vendors’ Transformer to the purchaser.
(6) That the purchaser will pay electricity charges within 7 days from the date of each English Calendar month and will obtain the Bill and in default of the payment of the same vendors shall have the full and absolute right to disconnect the electric line of the premises or plot of the purchaser without giving any further notice.
(7) That the purchaser will be liable to pay the proportionate maintenance charges, Municipal rates, taxes, Land revenues and other levies in respect of his plot and in respect of the common passages, roads and areas, to the vendors or to the authorised agents of the vendors or to the Society/Association as and when formed by the vendors. The purchaser agrees to become the Member of the Society or Association to whom the vendors may entrust the observance and performance of the various matters and items mentioned and set out in the Third Schedule hereinabove written in this Deed.
(8) That the proportionate Municipal rates and taxes of the Common Passages/Common Areas shall be borne by and paid by the Purchaser in respect of the said Plot as will be fixed by the Vendors or the Association/Society from time to time.
(9) That the purchaser will pay such proportionate maintenance charges as will be fixed from time to time by the Vendors or Association formed by the vendors for providing expenses for common lights, salaries of watch and Ward Staff, Clerks, Accountants, Bill Collectors, Electrical Mechanics, and/or Engineers, Contractors, Plumbers, etc. the repairing and overhauling or replacement charges for the passages, water pumps, electric cables, transformers etc. and as also proportionate rates and taxes, Land Revenues of the demised Premises and in default of such payment of any monthly Bill raised by the vendors upon the Purchaser herein the purchaser shall be liable to pay an interest @ 24% p.a. to the vendors for such delayed payment.
(10) That the purchaser will keep a sum of Rs. 500 per cottah or portion thereof as interest free Security Deposit with the vendors for due payment of Services and Maintenance charges/proportionate taxes, duties, land revenues etc. interest free Security Deposit for due payment of electric charges shall be made at the rate of Rs. 1,000 per Horse Power.
(11) That the purchaser shall not put any obstruction to the use of the common passages and roads coloured green and common areas coloured green in the Map or Plan prepared by the vendors nor will store any materials on the same nor will allow any vehicles to be parked nor will be entitled to raise any structure and/or any projection whether permanent or temporary on or over the said common passages, roads and areas nor will at any time obstruct the use of the said common passages, roads and areas by the other lawful occupiers or by the vendors, their servants, customers, employees and invitees.
(12) That the purchaser may take drinking water at his/her own cost from the available water facilities and shall be entitled to sink his own tube-well in his own plot or take direct connection from the Municipality at his/her own costs, charges and expenses.
(13) That the purchaser shall not use the Plot purchased by him/her for doing any illegal trade or business or activity nor will commit any nuisance or cause any annoyance nor will keep or store any explosive/hazardous articles or combustible articles except those required in usual course of business and if any licence is required it will be taken by the purchaser.
(14) That the purchaser will not have any right in respect of any other areas in the said property or in respect of any other plots made out by the vendors and as are shown in the Master Plan and hereby gives up his/her right, if any, to claim any right of pre-emption in respect thereof.
(15) That the purchaser and other lawful occupiers of the said land by prior written permission of the vendors shall be entitled to have right of laying down underground water pipe line, sewerage lines, electric and own costs and expenses to restore the surface of the said common passage in its original state and condition immediately without disturbing the right of use of the same by the other lawful occupiers, vendors and owners of other plots in the said premises.
(16) That the purchaser shall not disturb the boundary wall shown in the Master Plan by opening any door, entrance or window or by reducing the length or width thereof or otherwise.
In witness whereof the vendors and the purchaser hereto have executed these Presents on the day, month and year first above-written.
Signed and delivered by the X & Co. MN and
the vendors through the Authorised Partner of X & Co.
Partner at Calcutta in the presence of:
Signed and accepted and confirmed AB
by the purchaser at Calcutta in the
presence of:
Received of and from the within-named
purchaser the within-mentioned sum
of Rupees two lakhs fifty thousand only
being the consideration money in full
payable under these presents as per
memo written hereinbelow:
Memo of Consideration
By Cheque No. 366931 dated 15th December 1999 Rs. 2,50,000 on Our Bank Ltd., Calcutta
Witnesses: MN for X & Co.
Signature