AGREEMENT FOR SALE


Police Station Savar, Dhaka

Consideration value at Tk.96, 00,000.00 only

 This Agreement FOR SALE is made on this the __________ day of _______________, 2010 of the Christian era.

 BETWEEN

 SOMOBAY SHAMITY 1, a co-operative, being its Registration No. 272 dated 26.07.2009 having its office Address at: 7/12, F-Block, Joint Quarter, Mohammadpur, Dhaka-1207, represented by its Chairman & Secretary, hereinafter referred to as the ‘SELLER’ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include her heirs, legal representatives, executors, administrators, successors-in-interest and assigns) of the FIRST PART.

AND

COMPANY 1, having its office Address at Room No. 4-5, 2nd Floor, Green Super Market, Green Road, Dhaka-1205, represented by Chairman Mrs. Y, hereinafter referred to as the ‘PURCHASER’ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include his representatives, executors, administrators, successors-in-interest and assigns) of the SECOND Part.

  1. WHEREAS, Md. Edris Ali was the S.A. recorded owner of the schedule land. Thereafter, said Md. Edris Ali gift his portion of schedule land to (i) Abdur Rahim (minor), (ii) Abdul Karim (minor) through the Heba Bil Ewas Deed No. 2737 dated 22.05.1965 and Heba Bil Ewas Deed No. 6635 dated 16.04.1965 registered within the Savar Sub Registry Office, Dhaka and Amina Khatun (minor) and Nur Banu Bibi (minor) Heba Bil Ewas Deed No. 2736 dated 22.05.1965 registered within the Savar Sub Registry Office, Dhaka. Thereafter, the District Judge of Dhaka has appoint Mr. Md. Edris Ali as a Legal Gurdian of (i) Abdur Rahim (minor), (ii) Abdul Karim (minor), (iii) Amina Khatun (minor) and (iv) Nur Banu Bibi (minor) through the Case No. 7/1966. Thereafter, said (i) Abdur Rahim (minor), (ii) Abdul Karim (minor), (iii) Amina Khatun (minor) and (iv) Nur Banu Bibi (minor) represented by their legal Guardian Md. Edris Ali sold 26 decimals of schedule land to Most. Moniza Khatun through the Saf Kabala Deed No. 3536 dated 16.05.1966 and sold a portion of schedule land to Tahmina Khatun @ Tamena Khatun through the Saf Kabala Deed No. 3537 dated 16.05.1966 registered within the Savar Sub Registry Office, Dhaka and sold 26 decimals of schedule land to Most.  Rakeya Khatun through the Saf Kabala Deed No. 3540 dated 16.05.1966 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Most. Moniza Khatun, Tahmina Khatun @ Tamena Khatun and Most.  Rakeya Khatun sold a portion of schedule land Md. Azgor Ali through the Saf Kabala Deed No. 6960 dated 09.07.1979 registered within the Savar Sub Registry Office, Dhaka and sold another portion of schedule land Abdul Hami Mollah through the Saf Kabala Deed No. 221 dated 03.01.1976 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Abdul Hami Mollah sold his portion of schedule land to Md. Azgor Ali & Md. Amir Ali through the Saf Kabala Deed No. 4221 dated 08.08.1997 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Md. Azgor Ali & Md. Amir Ali sold the schedule land to Md. Mahtab Uddin & Mrs. Nurunnahar through the Saf Kabala Deed No. 1335 & 1336 both of dated 02.02.1999 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Md. Mahtab Uddin & Mrs. Nurunnahar sold 08 decimals of schedule land to SOMOBAY SHAMITY 1, represented by its Chairman & Secretary through the Saf Kabala Deed No. 12188 dated 07.06.2006 registered within the Savar Sub Registry Office, Dhaka.
  1. AND WHEREAS, one Jamshed Ali was the S.A. & R.S. recorded owner of the schedule. Thereafter, said Jamshed Ali sold 174 decimals of schedule land to (i) Sobjel Kha, (ii) Afjal Kha, (iii) Sabjal Kha through the Saf Kabala Deed No. 2933 dated 09.04.1962 registered within the Savar Sub Registry Office, Dhaka. On the other hand Md. Azgor Ali sold a portion of schedule land to (i) X, (ii) Md. Azaher Ali through the Saf Kabala Deed 1332 dated 03.02.1999 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Md. Azaher Ali had died leaving behind his successors namely (i) Most. Monowara Begum (wife), (ii) Most. Irin Akhter (daughter), (iii) Md. Mahmudul Hasan (son), (iv) Most. Yesmin Akhter (daughter), (v) Most. Moli Akhter (daughter) and they acquired the schedule land by way of inheritance. On the other hand, Md. Azgor Ali sold a portion of schedule land to Md. ZAli through the Saf Kabala Deed 1330 dated 03.02.1999 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said (i) Afjal Kha, (ii) X, (iii) Most. Monowara Begum, (iv) Most. Irin Akhter, (v) Md. Mahmudul Hasan, (vi) Most. Yesmin Akhter, (vii) Most. Moli Akhter, (viii) Md. Zsold 76.67 decimals schedule land to SOMOBAY SHAMITY 1, represented by its Chairman & Secretary through the Saf Kabala Deed No. ……………. dated 23.08.2001 registered within the Savar Sub Registry Office, Dhaka
  1. AND WHEREAS, Md. Azgor Ali sold a portion of schedule land to (i) X, (ii) Md. Azaher Ali and (iii) Nasir Uddin Ahmed through the Saf Kabala Deed 1332 dated 03.02.1999 registered within the Savar Sub Registry Office, Dhaka. Thereafter, said Nasir Uddin Ahmed sold his portion of schedule land to SOMOBAY SHAMITY 1, represented by its Chairman & Secretary through the Saf Kabala Deed No. 2122 dated 30.01.2002 registered within the Savar Sub Registry Office, Dhaka
  1. AND WHEREAS, the said Seller i.e. SOMOBAY SHAMITY 1, represented by its Chairman & Secretary has become the present owner and got mutated the scheduled property in the Govt. revenue record vide Mutation Case No. 22890/07 dated 27.01.08 and paying ground rent thereof.
  1. WHEREAS the SELLER, being in absolute possession of the schedule land more particularly described in the Schedule given herein below (hereinafter referred to as the “DEMISED PREMISES”), desired to sell the DEMISED PREMISES; and
  1. Having been in necessity of the DEMISED PREMISES, the PURCHASER has decided to purchase the DEMISED PREMISES which offered Tk.96,00,000.00 (Taka ninety six lac) only as consideration price of the DEMISED PREMISES which offer has duly been accepted by the SELLER and agreed to sell the DEMISED PREMISES to the PURCHASER on terms and conditions hereinafter appeared; and
  1. WHEREAS the parties hereto have decided and wish to record in writing the terms and conditions agreed upon between them in the matter of sale and purchase of the DEMISED PREMISES as aforesaid to avoid any future complexity and/or disputes which might arise with regard to their respective rights and obligations thereto in the form of an Agreement being these presents.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

  1. The SELLER agree to sell or Power of Attorney and the PURCHASER agrees to purchase or principal of the DEMISED PREMISES hereunder written subject to a good and marketable title and interest being made in respect thereof and the DEMISED PREMISES being found free from encumbrances at the price of Tk.96,00,000.00 (Taka ninety six lac) only subject to the terms and conditions hereunder contained.

Tk.96, 00,000.00 (Taka ninety six lac) only is net payable to the SELLER by the PURCHASER. All cost and expenses at actual on account of preparation and processing of the documents, non-judicial stamps and cartridge papers, VAT, registration costs and if any cost which may come across during the process of the ownership transfer to be borne by the PURCHASER, provided that the Seller shall pay the Taxes at Source (commonly known as ‘Gain Tax’).

  1. a) That the PURCHASER has on this paid an amount of Tk.40, 00,000.00 (Taka forty lac) only as an earnest money by way of advance to the SELLER through a Payment Order no. ______________ dated ________ drawn on National Bank Limited, Mahakhali Branch, Dhaka and the Seller hereby acknowledged the receipt of the said payment. Simultaneously with the execution of this agreement, the SELLER has delivered to the PURCHASER all copies of original papers/documents in connection with the right, title, interest and benefit in the DEMISED PREMISES relating to the DEMISED PREMISES. The possession of the DEMISED PREMISES shall be handed over to the PURCHASER at the time of signing this Agreement. Provided that the SELLER shall be liable to clear up all utility dues electricity bill, municipal taxes, WASA bill, society bill and others bill in respect of the DEMISED PREMISES till to handing over the possession of the DEMISED PREMISES unto the PURCHASER.

b) The balance Consideration Price amounting to Tk.56,00,000.00 (Taka fifty six Lac) only shall be paid to the Seller at same time when the Saf Kabala Deed will registered. and SELLER shall executed Sale Deed in respect of the DEMISED PREMISES in favour of the PURCHASER. Provided, the SELLER shall get redeemed the DEMISED PREMISES from the existing mortgagee of Bangladesh Commerce Bank Ltd. at own cost and responsibility prior to execution of the registered instrument of transfer (Deed of Sale) favoring the PURCHASER.

c) The sale or Power of Attorney & purchase shall be completed within _______ months following the date of execution of this Agreement, provided a good marketable title and interest is made out thereto.

  1. That the SELLER hereby represents and warrants that the DEMISED PREMISES is free from any encumbrance other than as mentioned above and if it ever transpires that the DEMISED PREMISES is encumbered otherwise to any 3rd party, the SELLER shall get released the same immediately from such encumbrance at its own cost and responsibility and all sorts of legal and pecuniary consequences shall be on his account.
  1. The SELLER hereby undertakes to execute the registered sale deed/instrument of transfer in favour of the PURCHASER within the stipulated time mentioned in foregoing clause 2(c) failing which the PURCHASER shall be constrained to get the Deed of Sale and Power of Attorney executed through court of law by way of filing case for Specific Performance of Contract whereof the related court fees, lawyer’s fee and other related costs shall be adjusted from the balance amount of the Consideration Price or as per the order of the learned court.
  1. If the SELLER fails and/or neglects to complete the sale after a good and marketable right, tittle and interest being made out as aforesaid or otherwise to carry out any one or more of the obligations on their part as hereto provided or otherwise required by law, the PURCHASER shall be at liberty either to enforce specific performance of agreement by institution of requisite legal proceedings or as mentioned in clause 5 or to claim the money paid in advance along with compensation @ 13% per annum on the amount paid and the PURCHASER shall reserve the right to adjust the compensation amount with the balance of Consideration Price.
  1. Subject to the foregoing clauses, if a good and marketable right, tittle and interest is not made out or the DEMISES PREMISES is found to be subject to any encumbrances, attachments or charges or other claims or demands, the PURCHASER shall be at liberty to rescind this agreement and the SELLER in that event and on demand by the PURCHASER refund the said advance money within 30 (thirty) days of such demands alongwith interest @13% per annum.
  2. The SELLER hereby agrees to answer all reasonable questions on his right to sell the DEMISED PREMISES to the PURCHASER.
  1. If a good and marketable title and interest is made out and the DEMISED PREMISES is found to be free from all encumbrances, attachments and charges and other claims and demands and not affected by any notice or scheme of acquisition or requisition, the SELLER will execute a proper conveyance or conveyances in favour of the PURCHASER or his nominee or nominees or assignee in which the SELLER shall make such other person or persons, if any, join, if necessary, as conveyancing, confirming or assuring party or parties as the case may be to pass and convey an absolute title and interest unto the PURCHASER. The SELLER shall bear and pay all outgoing liabilities of the DEMISED PREMISES if any up to and inclusive of the date of execution of Sale Deed.
  1. That the PURCHASER will pay all rents, land taxes, municipal taxes and all other dues and charges that may be payable for the proportionate land as described in the DEMISED PREMISES since execution of the Deed of sale. Until the taxes and the charges are separately assessed, the SELLER may pay the same after collecting the apportioned tax from the PURCHASER.
  1. That the PURCHASER shall have the rights to posses, occupy, maintain, use and enjoy the common facilities in association with the SELLER and other PURCHASERs/tenants of the building.
  1. The SELLER shall execute the Sale Deed by 06 (six) months after the execution of this Agreement, provided that the PURCHASER shall fulfill the Clause- 2 (a) and Clause- 2 (b) within this Agreement period.
  1. The terms and conditions contained in this Agreement shall not be amended and/or altered without the mutual agreement in writing of the parties hereto and shall be binding upon both the SELLER and the PURCHASER and their respective heirs, administrators, successors-in-interest and legal representatives.
  1. This Agreement for Sale is composed in ______ pages and attested by 4 witnesses.

Schedule of the DEMISED PREMISES REFERRED TO ABOVE

All that piece & parcel of land measuring 60 (sixty) decimals situated within District – Dhaka, Police Station & Sub-Registry Office – Savar, J.L. No. C.S. – 625, S.A. – 104, R.S. – 137, Mouza – Zinzira, C. S. Khatian No. 1 & 2, S. A. Khatian No. 4 & 50, R. S. Khatian No. 6, C. S. & S. A. Dag No. 1, R. S. Dag No. 137, 139, 140, 141, 142, 144 butted and bounded by;

 On the North:

On the South:

On the East:

On the West:

IN WITNESS WHEREOF THE SELLER AND THE PURCHASER HERETO PUT THEIR RESPECTIVE SEAL AND SIGNATURE ON THIS AGREEMENT FOR SALE OUT OF THEIR FREE WILL AND CONSENT ON THE DAY MONTH AND YEAR FIRST ABOVE WRITTEN.

 Signature of the PURCHASER:                         Signature of the SELLER

SOMOBAY SHAMITY 1                  COMPANY 1

 ____________________________    _____________________________

Md. X                                                  Y

Chairman                                              Chairman    

 _________________________

Md. Z

Secretary

 Witnessed by:                                                    Witnessed by:

1.                                                                     1.

  1. 2.

 BEFORE THE SUB-REGISTRAR, SAVAR, DHAKA

AFFIDAVIT

We, Md. X, Chairman and Md. Zsecretary of SOMOBAY SHAMITY 1, a co-operative, being its Registration No. 272 dated 26.07.2009 having its office Address at: 7/12, F-Block, Joint Quarter, Mohammadpur, Dhaka-1207, do hereby solemnly affirm and declare as follows:

  1. We are a bona fide national and permanent resident of Bangladesh by birth, with the right of permanent residence in Bangladesh.
  2. The immovable property to be transferred is not under attachment of the Bangladesh Collaborators (special Tribunal) Order No. 8 of 1972.
  3. The immovable property proposed to be transferred is not Abandoned Property (Control Management & Disposal) Order No. 16 of 1972.
  4. The immovable property proposed to be transferred does not contravene any provision of any other law for the time being in forced in Bangladesh.
  5. That the proposed transfer does not contravene any other law for the time being in force in Bangladesh.
  6. That the propose transfer does not contravene and is not liable to be void under Article 5/A of Bangladesh land holding (Limitation) Order No. 8 of 1972,
  7. The immovable property proposed to be transferred has been correctly describe and has not been undervalued and the applicant has transferable rights in such property.
  8. The statement made above are true and correct to the best of my knowledge and belief in witness whereof we signed and swear the Affidavit on this the ________________ day of ______________ 2010.

  _______________________

Deponent

The deponent is known to me, identified by me and have signed in my presence.

 ____________________________

             Identifier

 For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

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