Sale of Debutter Property

Sale of Debutter Property

This deed of sale made this ………… day of ………… between ………… deity consecrated and established at premises No. ………… Calcutta, hereinafter referred to as the said deity represented by its shebait of the first part  ……………… son of ………… by religion Hindu …………… by occupation ………… residing at No. ……………  and C.D. ………… son of ………… by religion Hindu, by occupation ……………… residing at ……………… hereinafter referred to as the purchaser which expression shall where the subject or context allows or admits of be deemed to include his heirs, executors, administrators, representatives and assigns of the second part.

Whereas ……………………………… (name) is at present shebait of the deity and so is fully in charge of and management and administration of the estate of the deity which consist of inter alia properties mentioned and described in Schedule “A”.

And whereas the temple that is place of worship of the deity is located at premises No. ………… which is now lying in a most dilapidated condition for want of necessary repairs and maintenance for a long time.

And whereas the income of the estate of the deity that is the rent which is collected from other property belonging to the deity is hardly a sum of Rs. ……… per month that is Rs. ………… per year out of which the following disbursements are to be made, viz.

(a) Amount paid to the priest for performance for daily Seva and Puja of the deity at the rate of Rs. ……… per month that is Rs. ………… per year.

(b) Amount paid to the milkman for supply of milk to the deity at the rate of Rs. ………… per month that is Rs. ………… for the year.

(c) Amount paid to the maid-servant for the cleaning of the temple of the deity and utensils Rs. ………… per month that is Rs. ……… per year.

(d) Amount paid as costs of fruits and sweets of the deity  every day Rs. ……… per month that is Rs. ………… per year.

(e) Amount spent for kerosene oil for one Hurricane lamp kept burning at night at the temple of the deity Rs. ………… per month, i.e. Rs. ……… per year.

(f) Miscellaneous and contingent expenses Rs. ………… per year.

(g) Taxes payable to the Municipality per quarter Rs. ………… that is Rs. ………… per year. Total Rs. ……… per year.

And whereas in the circumstances there is no such surplus income nor any reserve fund for the maintenance and repair of the temple and for essential services to the deity and whereas the said temple which is out of repair for a long time is liable to collapse before the ensuing monsoon unless urgent repairs are immediately executed the costs whereof are estimated at a sum of Rs. …………… and whereas the estate of the deity having no funds to carry out repairs the party of the second part contracted for sale of the property namely the vacant land at premises No. ………… yielding no income fully mentioned and described in the schedule below at and for a sum of Rs. ……… which offer is the highest among others he received after advertisement in newspapers on two occasions and whereas the said purchaser is also satisfied about the bona fides of such sale and has agreed to purchase same at the price of Rs. ………… to be paid to the party of the first part immediately on execution of the conveyance and to contribute a further sum of Rs. ………… per month towards cost of Seva and Puja in perpetuity.

Now this deed of sale witnesses that in the circumstances aforesaid and for legal necessities and justifying causes shebait as representing  the said deity and in exercises of all powers, authorities and liberties vested in him as such shebait do hereby and hereunder grant, convey, transfer, assign, and assure unto the other party of the third part the property fully mentioned and described in Schedule “B” hereto free from all charges for the performance of everyday Puja and periodical festivals of the deity but subject to the contribution of the sum of Rs. …………… per month in perpetuity on that account. And that the party of the first part do hereby covenant and agree with the party of the second part that the said property is free from encumbrances except the charge for the maintenance and Seva and Puja of the deity which is hereby extinguished and that the same is not otherwise prejudiced in title or estate and that the party of the first part has not done executed or performed anything whereby he is hindered or prevented from granting and/or conveying the same in the manner hereinbefore indicated.

Schedule above referred to

Schedule “A”

List of properties belonging to the deity.

Schedule “B”

Description of property sold under this Deed of Sale.

In witness whereof the parties have executed this Deed of Sale on the day, month and year first above-written.

Signed, sealed and delivered by the

within-mentioned AB the shebait

as representing the deity in the

presence of:

Signed, sealed and delivered by

the within-mentioned CD, the

purchaser in the presence of:

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