Common use of NOW THIS INDENTURE WITNESSETH Clause in Contracts

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.

Appears in 19 contracts

Samples: 202.61.117.163, 202.61.117.163, 202.61.117.163

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NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owner and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations and the Broad Infrastructure in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions Areas and Installations, as also the Broad Infrastructure, proportionately.

Appears in 3 contracts

Samples: Agreement for Sale, Sale Deed, Agreement for Sale

NOW THIS INDENTURE WITNESSETH. that in pursuant to the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (( Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Allottee to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Allottee and the Said Unit being hereby conveyedsaid flat and properties appurtenant thereto) the Vendors and the Builder do doth and each of them do hereby grant, transfer, convey, assign and assure and the Promoter doth hereby grant convey sell transfer release assign confirm and assure unto and in favour of the Purchasers ALL THAT Allottee All that the Flat, being Flat No. said Apartment No on the Floor admeasuring an of Block No of the Housing Project containing a carpet area of sq.ft. ( sqmcorresponding to a built-up area of Sq. Ft. be the same a little more or less corresponding to Sq.Ft. Super Built-Up area TOGETHER WITH the right to use Garage / Covered (Dependent/Independent) Carpet Area/ Mechanical Parking Space (Dependent/Saleable area as Independent) /Open Car Parking Space (Dependent/Independent) located on the Basement/Ground/ Floor of or around the Building Block TOGETHER WITH the pro rata share in the common areas more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE Second Schedule hereunder written but excepting the Reserved and attributable Excluded areas and reserving the easement and other rights and other measures as specified in Clauses 15.2 , 15.3 , Schedule H and in other portions of the Agreement for Sale dated (all of which are here to fore as well as hereinafter collectively referred to as the Said UnitSAID APARTMENT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), TOGETHER AND WITH like proportionate undivided share in the Common Portionsabsolutely and forever free from all encumbrances, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitcharges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car use the common areas installations and facilities as described in Car Parking Space No. , detail in the as allotted in Schedule-D to the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Agreement for Sale dated in common with the Co-Allottees and the other Unit Owners lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit Block 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 said Apartment And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said flat and the Rights and Properties Appurtenant thereto hereby granted, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAllottee.

Appears in 3 contracts

Samples: Indenture, 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 3 contracts

Samples: Sale Deed, Sale Deed, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. ……….. /- (Rupees ………………………. only) by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Allottee and the Said Unit Apartment being hereby conveyed) ), the Vendors Owners and the Builder Promoter do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Allottee ALL THAT the FlatSaid Apartment, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Project Common Portions Areas in common with the other Unit Owners of the Building Project Allottees AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors Owners and/or the Builder Promoter into or upon the Said Unit Apartment 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 Apartment TO HAVE AND TO HOLD the Said Unit Apartment and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder contained and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth setforth in the FIFTH SCHEDULE hereunder written and the Said Sale AgreementAgreement and agreed to be paid, performed, observed and fulfilled by the Allottee during the period of his ownership of the Said Apartment) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said Unit Apartment wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit Apartment wholly and the Premises Said Phase and the Project and in particular the Project Common Portions Areas, Amenities and Facilities proportionately.

Appears in 2 contracts

Samples: Indenture, Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- = (Rupees only) only by the Purchasers Purchaser to the Builder Vendor paid at or before the execution hereof (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Purchaser and the Said said Unit being hereby conveyed) ), the Vendors and the Builder do and each of them Vendor doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flatsaid Unit, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, written TOGETHER WITH the said Share in the said Premises attributable and appurtenant to the said Flat (TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible variable share in the Common Portions, fully Areas) and Installations morefully and particularly mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO said Flat WITH the right to use and enjoy the Common Portions Areas and Installations in common with the other Unit Owners of the Building Co-owners AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said said Unit AND all All the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder Vendor into or upon the Said said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit as set out in the FIFTH SCHEDULE hereunder written TO HAVE AND TO HOLD the Said said Unit and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Purchaser’s covenants and agreements hereunder contained and/or contained in the Sale Agreement and on the part of the Purchasers Purchaser to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Purchaser paying and discharging all municipal and other rates taxes and impositions on the Said said Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, common expenses proportionately and all other outgoings in connection with the Said said Unit wholly and the Premises said premises and in particular the Common Portions proportionatelyAreas Installations and Facilities proportionately EXCEPTING AND RESERVING unto the Vendor and the persons deriving title from the Vendor such easements quasi-easements and rights and privileges as set out in the SIXTH SCHEDULE hereunder written.

Appears in 2 contracts

Samples: Indenture, Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and THAT in consideration of the total sum of Rs. ............./- (Rupees only................) only lawful money of the well and truly paid by the Purchasers Purchaser to the Builder paid Vendors and Developer at or before the execution hereof of this presence. (the The receipt whereof the Builder Vendors and Developer doth hereby admit, acknowledge as also by the receipt and memo per Memo of consideration Consideration hereunder written admit and acknowledge to have received and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge discharged the Purchasers Purchaser of the said Banglow together with undivided proportionate share of land with all common facilities and amenities attached to then described in the Said Unit being hereby conveyed) Second Schedule along with a common areas and facilities available of said project , morefully and elaborately described in the Third Schedule hereunder written and also the right, title, interest of the Vendors and Developer hereby sold and transferred in favour of the Builder do Purchaser herein into and each upon the said Banglow TOGETHER WITH all other ways, path, passage, swears, advantages and appurtenances whatsoever to the said Banglow belonging to or in anywise appertaining thereto or reputed to belong or be known as part and parcel of them doth or member thereof or held use or enjoy herewith or be appurtenant thereto and the reversion or reversions, remainder or remainders and all the rents, issues and profits thereof and every part thereof portions thereof TOGETHER WITH the right to use the common areas and egress out of the said Banglow more or less more fully mentioned in the Second Schedule hereunder and the undivided proportionate share or interest in all the common parts and portions and facilities and amenities comprised in the said building morefully described in the Third Schedule hereunder written and also all the right, title and interest of the Vendor hereby grant convey sell transfer release assign sold and assure transferred unto and in favour of the Purchasers ALL THAT Purchaser herein into or upon the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully said Banglow and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisesall other ways, as more fully mentioned paths, passages, sewers, advantages and described in the FIRST SCHEDULE hereunder written and attributable appurtenant whatsoever to the Said Unit, TOGETHER AND WITH like proportionate undivided share said Banglow belonging to or in anywise appertaining thereto or reputed to belong or be known as part or parcel or member thereof or held used or enjoyed therewith or be appurtenant thereto and the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and all the rents rents, issues and profits thereof and every part thereof or portions thereof TOGETHER WITH the right to use the common areas and paths and passages for the purpose of free ingress and egress out of the said flat and car parking space and every part or portions thereof in connection common with the Said Unit AND other owners and occupiers of the said building and all the estate right title interest property claim and demand whatsoever rights of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or easements, quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit said flat and car parking space and the essential service and amenities appertaining thereto and all the muniments, deeds, pattahs, documents, writings and other evidence of title exclusively relating to the said premises and/or the said Banglow which is now are or in the custody/possession and control of the said owners or which the Vendor can procure without any suit or action AND ALL the estate, right, title, interest property, claim and demand whatsoever of the said Vendor into or upon the said Banglow and every part or portion thereof TO HAVE AND TO HOLD the Said Unit said flat and every part thereof car parking space hereby sold, granted, transferred, conveyed, assigned and assured or expressed or intended so to be with all rights, benefits, members easements and appurtenances thereto unto and to the use of the Purchasers Purchaser herein absolutely and forever SUBJECT NEVERTHELESS TO HOWEVER to the Purchasers’ covenants and agreements hereunder contained and on the part Purchaser making payment of the Purchasers to be observed fulfilled proportionate or apportioned share of the maintenance charges and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates statutory rates, taxes and impositions on in respect of the Said Unit whollysaid Banglow BUT OTHERWISE free from all encumbrances, charges, attachments, liens, whatsoever SUBJECT HOWEVER to the various easement and the Common Expenses, as more fully and particularly mentioned and described quasi easement and/or restrictions provided for in the FOURTH SCHEDULE hereunder written proportionately, said building for the purpose of beneficial use and enjoyment of the said Banglow AND free and clear and freely and clearly and absolutely acquitted exonerated and released or otherwise well and sufficiently indemnified from against all manner of estate claim charges lien attachments and encumbrances created made done executed or suffered by the said owners AND the Vendor hereby further covenant with the Purchaser herein that the said owner and all the persons claiming through under or in trust for the Vendor shall and will from time to time and at all material times hereafter and at the request an cost of the Purchaser herein make do execute or cause to be done and executed all such further and other outgoings lawful acts, deeds, matters and things whatsoever for further better and more perfectly assuring the said flat and car parking space hereby sold transferred conveyed and granted or expressed or intended so to be unto and to the use of the Purchaser herein in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelymanner as aforesaid.

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that THAT in pursuance of the said Agreement executed between the Purchaser and the Vendor/Owner as well as the X.X. No.-. Touzi No.- comprised in R..S. Plot/ Dag No.-, R.S. Khatian No. -, Sub Division- , having Municipal Holding No. , , under Xxxx No.-, within the Municipal Corporation, under P.S.- , within the limit of , District , West Bengal, fully described in the premises aforesaid and in consideration 'A' schedule herein below, together with benefits of common user of all the common parts or common installation of the sum said building being together with common partition wall, common electric meter room, common, staircase, common entrance and exit for the covered Garage of Rsthe building TOGETHER WITH all fixtures, walls, sewers, drains. /- (Rupees only) by passages, water courses and all manner of former or other rights, liberties, easements, privileges, advantages with all right in common and amenities, facilities and benefits attached with the Purchasers building for residential purpose as the COMMON PARTS AND/OR COMMON PORTION fully described in the SCHEDULE - 'C' herein below for the beneficial use and better enjoyment of the said covered Garage along with all the right, title, interest, claim and demand whatsoever exclusively relating to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of said Covered Garage TO HAVE AND TO HOLD the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully Purchaser absolutely and particularly mentioned and described in PART – I forever free from all encumbrances together with all Xerox copy of the SECOND SCHEDULE hereunder writtenDeeds, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisespattas, as more fully mentioned hereditaments and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II muniments of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof which now are or is and hereafter shall or may be in the custody power or possession of the Vendor/owner and the Developer Firm through its Partners or any persons or agent of the Vendor/Owner and the Developer Xxxx without any action or proceedings in law and equity and to hold the said Common Space, messuage and hereditaments and undivided proportionate share of land hereby conveyed and transferred unto and to the use of the Purchasers Purchaser and Purchaser's heirs, successors, legal representatives and assigns absolutely and forever SUBJECT NEVERTHELESS TO and the Purchasers’ covenants Vendor/Owner or his legal heirs, representatives and agreements hereunder contained assigns doth hereby bind themselves that NOTWITHSTANDING THAT any act, deed or thing whatsoever the Vendor/ Owner executed or done or knowingly suffered or to the contrary the Vendor/Owner has good right full power and on absolute authority and indefeasible title and interest, to grant, convey, sell and transfer the part said covered Garage hereby granted, sold, conveyed and assigned unto and to the use of the Purchasers Purchaser in the manner aforesaid according to the true intent and meaning of these presents in fee simple and free from all encumbrances and liabilities and without any hindrance eviction disturbance claim or demand whatsoever from the Vendor/Owner or any other person or persons lawfully or equitably claiming from or under or in trust for the Vendor/owner and that the Vendor/owner absolutely acquired and discharge and sufficiently saved defended kept harmless and indemnified of or from and against all defects in title, lispendens attachments and liabilities whatsoever made or suffered by the Vendor/owner and all materials times hereafter Vendor/Owner through the Developer Firm hereby undertakes that at the request and cost of the Purchaser will execute and cause to be observed fulfilled done and performed (including executed all such deed, matter, petitions for the restrictions betterment of the Purchaser's title as well as betterment of the said covered Garage and thing include the copy of the completion certificate whatsoever for more perfectly and effectually and granting and assure the said covered Garage and for the better enjoyment of the said covered Garage and for proportionate undivided land together with all benefits and rights hereby transferred as may be reasonably required, the Vendor/Owner and Developer Firm doth hereby further covenant with the Purchaser that the Purchaser shall have every right to transfer the said covered Garage together with undivided proportionate share of land by way of sale, gift, mortgage, lease, assign etc. with terms and conditions set down herein below. AND THIS INDENTURE FURTHER WITNESSETH THAT THE VENDOR, DEVELOPER FIRM AND PURCHASER jointly hereby covenant with each other that the following covenants and obligations set forth would run in respect of the FIFTH SCHEDULE hereunder written and aforesaid covered Garage of the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, building and all other outgoings in connection with the Said Unit wholly and parties doth hereby declare to abide by the Premises and in particular the Common Portions proportionately.same :-

Appears in 2 contracts

Samples: Deed of Conveyance, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pur- suance of the said agreement and in consideration of the sum of Rs. /- (Rupees onlyRu- pees ) only by the Purchasers Purchaser to the Builder Vendor and the Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendor and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge acknowl- edge and which sum includes the reimbursement of the consideration paid by the Pro- moter to the Vendor to the extent apportioned towards the proportionate share in the Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Vendor and the Said Unit being Promoter do hereby conveyedforever release discharge and acquit the Purchaser and the Designated Apartment and its appurtenances) the Vendors Promoter and the Builder Vendor do hereby sell and each of them doth hereby grant convey sell transfer release assign and assure unto and to the Purchaser their re- spective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER Schedule–B hereto AND TO- GETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendor and Pro- moter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or Promoter and the Builder Vendor into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Ven- dor as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendor do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendor and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and THAT in consideration of the total sum of Rs. ............./- (Rupees only................) only lawful money of the well and truly paid by the Purchasers Purchaser to the Builder paid Vendors and Developer at or before the execution hereof of this presence. (the The receipt whereof the Builder Vendors and Developer doth hereby admit, acknowledge as also by the receipt and memo per Memo of consideration Consideration hereunder written admit and acknowledge to have received and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge discharged the Purchasers Purchaser of the said Banglow together with undivided proportionate share of land with all common facilities and amenities attached to then described in the Said Unit being hereby conveyed) Second Schedule along with a common areas and facilities available of said project , morefully and elaborately described in the Third Schedule hereunder written and also the right, title, interest of the Vendors and Developer hereby sold and transferred in favour of the Builder do Purchaser herein into and each upon the said Banglow TOGETHER WITH all other ways, path, passage, swears, advantages and appurtenances whatsoever to the said Banglow belonging to or in anywise appertaining thereto or reputed to belong or be known as part and parcel of them doth or member thereof or held use or enjoy herewith or be appurtenant thereto and the reversion or reversions, remainder or remainders and all the rents, issues and profits thereof and every part thereof portions thereof TOGETHER WITH the right to use the common areas and egress out of the said Banglow more or less more fully mentioned in the Second Schedule hereunder and the undivided proportionate share or interest in all the common parts and portions and facilities and amenities comprised in the said building morefully described in the Third Schedule hereunder written and also all the right, title and interest of the Vendor hereby grant convey sell transfer release assign sold and assure transferred unto and in favour of the Purchasers ALL THAT Purchaser herein into or upon the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully said Banglow and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisesall other ways, as more fully mentioned paths, passages, sewers, advantages and described in the FIRST SCHEDULE hereunder written and attributable appurtenant whatsoever to the Said Unit, TOGETHER AND WITH like proportionate undivided share said Banglow belonging to or in anywise appertaining thereto or reputed to belong or be known as part or parcel or member thereof or held used or enjoyed therewith or be appurtenant thereto and the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and all the rents rents, issues and profits thereof and every part thereof or portions thereof TOGETHER WITH the right to use the common areas and paths and passages for the purpose of free ingress and egress out of the said flat and car parking space and every part or portions thereof in connection common with the Said Unit AND other owners and occupiers of the said building and all the estate right title interest property claim and demand whatsoever rights of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or easements, quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit said flat and car parking space and the essential service and amenities appertaining thereto and all the muniments, deeds, pattahs, documents, writings and other evidence of title exclusively relating to the said premises and/or the said Banglow which is now are or in the custody/possession and control of the said owners or which the Vendor can procure without any suit or action AND ALL the estate, right, title, interest property, claim and demand whatsoever of the said Vendor into or upon the said Xxxxxxx and every part or portion thereof TO HAVE AND TO HOLD the Said Unit said flat and every part thereof car parking space hereby sold, granted, transferred, conveyed, assigned and assured or expressed or intended so to be with all rights, benefits, members easements and appurtenances thereto unto and to the use of the Purchasers Purchaser herein absolutely and forever SUBJECT NEVERTHELESS TO HOWEVER to the Purchasers’ covenants and agreements hereunder contained and on the part Purchaser making payment of the Purchasers to be observed fulfilled proportionate or apportioned share of the maintenance charges and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates statutory rates, taxes and impositions on in respect of the Said Unit whollysaid Banglow BUT OTHERWISE free from all encumbrances, charges, attachments, liens, whatsoever SUBJECT HOWEVER to the various easement and the Common Expenses, as more fully and particularly mentioned and described quasi easement and/or restrictions provided for in the FOURTH SCHEDULE hereunder written proportionately, said building for the purpose of beneficial use and enjoyment of the said Banglow AND free and clear and freely and clearly and absolutely acquitted exonerated and released or otherwise well and sufficiently indemnified from against all manner of estate claim charges lien attachments and encumbrances created made done executed or suffered by the said owners AND the Vendor hereby further covenant with the Purchaser herein that the said owner and all the persons claiming through under or in trust for the Vendor shall and will from time to time and at all material times hereafter and at the request an cost of the Purchaser herein make do execute or cause to be done and executed all such further and other outgoings lawful acts, deeds, matters and things whatsoever for further better and more perfectly assuring the said flat and car parking space hereby sold transferred conveyed and granted or expressed or intended so to be unto and to the use of the Purchaser herein in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelymanner as aforesaid.

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. ……….. /- (Rupees only) by the Purchasers Allottee to the Builder Owner paid at or before the execution hereof (the receipt whereof the Builder Owner doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Allottee and the Said Unit being hereby conveyed) ), the Vendors and the Builder do and each of them Owner doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Allottee ALL THAT the FlatSaid Unit, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the other Unit Owners allottees of the Building Project AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder Owner into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder contained and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth setforth in the FIFTH SCHEDULE hereunder written and the Said Sale AgreementAgreement and agreed to be paid, performed, observed and fulfilled by the Allottee during the period of his ownership of the Said Unit) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises Project and in particular the Common Portions Areas proportionately.

Appears in 2 contracts

Samples: Indenture, Indenture

NOW THIS INDENTURE WITNESSETH. that I. That in pursuance of the premises aforesaid said Agreement and in consideration of the a sum of Rs. /- ………………….. (Rupees only……………………………….. …………………) only of the lawful money of the Union of India well and truly paid by the Allottee/Purchasers to the Builder paid M/s. Aarti Highrise Private Limited for and on behalf of both the vendors as per Co-Vendor authorization at or before the execution hereof of these presents (the receipt whereof the Builder Promoter/Vendors do and each of them doth hereby as and also by the receipt and memo of consideration hereunder written admit and acknowledge to have been received for itself as well as on behalf of the Co-Vendor and confirmed by signing the Memo of Consideration written hereunder) and of and from the payment of the same and every part thereof the Vendors do and each one of them doth hereby acquit release and forever discharge the Allottee/Purchasers and also the Said Unit being hereby conveyed) the Vendors said Unit/Designated Apartment and the Builder Properties Appurtenant thereto hereby intended to be sold and transferred and the vendors do and each one of them doth hereby grant convey sell transfer release convey assure and assign and assure unto and in favour of the Purchasers FIRSTLY ALL THAT the Flat, being Flat Residential Unit/Designated Apartment No. …… on the Floor admeasuring an …… Floor, in Block No. having a super built up area of sq.ft…… Sq.ft. ( sqm(be the same a little more or less) Carpet Areamorefully described in the SECOND SCHEDULE hereunder written of the new Buildings Complex comprised in the portion of the said premises morefully described in the FIRST SCHEDULE hereunder written AND SECONDLY ALL THAT the undivided proportionate share or interest in the common areas parts portions and/or amenities comprised in the said particular Building in which the Unit/Saleable area as Designated Apartment is situated (more fully and particularly mentioned and described in PART – I the FOURTH SCHEDULE hereunder written) AND THIRDLY for the purpose of beneficial use and enjoyment of the said Unit/Designated Apartment and the properties Appurtenant thereto the Vendors hereby release relinquish and disclaim all their respective right title interest into or upon ALL THAT the undivided impartible proportionate share in the land comprised under and below said Building at the said premises attributable to the said Unit/Designated Apartment and the properties Appurtenant Thereto (hereinafter referred to as the said UNDIVIDED SHARE) AND the said Unit/Designated Apartment and the undivided share are hereinafter collectively referred to as the SAID UNIT/DESIGNATED APARTMENT AND THE PROPERTIES APPURTENANT THERETO (more fully and particular mentioned and described in the SECOND SCHEDULE hereunder written) AND ALSO the right to use the common entrance, TOGETHER WITH proportionate undivided share common passage and staircases and other common parts and portions in common with the Land comprised in occupants of the Premises, as more fully mentioned said particular new building TO HAVE AND TO HOLD the said UNIT/DESIGNATED APARTMENT AND THE PROPERTIES APPURTENANT THERETO absolutely and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, forever free from all encumbrances charges liens lispendense attachments trusts whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. , in use the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold common areas installations and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions facilities in common with the vendors/ Promoter, Co-Allottee/Purchaser and the owners and other Unit Owners lawful occupants of the Building new building BUT EXCEPTING AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of RESERVING such rights easements quasi- easements privileges reserved for the Vendors and/or the Builder into or upon the Said Unit Society and/or Association of Co-owners AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions as provided for in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written said Unit/Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as Properties Appurtenant thereto (more fully and particularly mentioned and described in the FOURTH FIFTH SCHEDULE hereunder written proportionatelywritten) TO HAVE AND TO HOLD THE SAID UNIT/ DESIGNATED APARTMENT AND THE PROPERTIES APPURTENANT THERETO hereby sold transferred and conveyed and every part or parts thereof unto and to the use of the Allottee/Purchasers SUBJECT TO the restrictions (more fully and particularly mentioned and described in the SIXTH SCHEDULE hereunder written) AND ALSO SUBJECT TO the Allottee/Purchasers making payment of the maintenance charges and other charges (hereinafter referred to as the MAINTENANCE CHARGES more fully and particularly mentioned and described in the SEVENTH SCHEDULE hereunder written). And in the land aforesaid and in pursuance of Section 17 of the said Act, the Vendors and all other outgoings in connection with Promoter do and each one of them doth hereby sell and transfer to the Said Unit wholly Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Premises Vendors and in particular the Promoter do and each one of them hereby sell and transfer to the Association undivided proportionate title to the other Common Portions proportionatelyAreas absolutely.

Appears in 2 contracts

Samples: Indenture, Indenture

NOW THIS INDENTURE WITNESSETH. that THAT in pursuance of the said Agreement executed between the Purchaser and the Vendor/Owner as well as the X.X. No.-. Touzi No.- comprised in R..S. Plot/ Dag No.-, X.X. Xxxxxxx No. -, Sub Division- , having Municipal Holding No. , , under Xxxx No.-, within the Municipal Corporation, under P.S.- , within the limit of , District , West Bengal, fully described in the premises aforesaid and in consideration 'A' schedule herein below, together with benefits of common user of all the common parts or common installation of the sum said building being together with common partition wall, common electric meter room, common, staircase, common entrance and exit for the covered Garage of Rsthe building TOGETHER WITH all fixtures, walls, sewers, drains. /- (Rupees only) by passages, water courses and all manner of former or other rights, liberties, easements, privileges, advantages with all right in common and amenities, facilities and benefits attached with the Purchasers building for residential purpose as the COMMON PARTS AND/OR COMMON PORTION fully described in the SCHEDULE - 'C' herein below for the beneficial use and better enjoyment of the said covered Garage along with all the right, title, interest, claim and demand whatsoever exclusively relating to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of said Covered Garage TO HAVE AND TO HOLD the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully Purchaser absolutely and particularly mentioned and described in PART – I forever free from all encumbrances together with all Xerox copy of the SECOND SCHEDULE hereunder writtenDeeds, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisespattas, as more fully mentioned hereditaments and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II muniments of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof which now are or is and hereafter shall or may be in the custody power or possession of the Vendor/owner and the Developer Firm through its Partners or any persons or agent of the Vendor/Owner and the Developer Xxxx without any action or proceedings in law and equity and to hold the said Common Space, messuage and hereditaments and undivided proportionate share of land hereby conveyed and transferred unto and to the use of the Purchasers Purchaser and Xxxxxxxxx's heirs, successors, legal representatives and assigns absolutely and forever SUBJECT NEVERTHELESS TO and the Purchasers’ covenants Vendor/Owner or his legal heirs, representatives and agreements hereunder contained assigns doth hereby bind themselves that NOTWITHSTANDING THAT any act, deed or thing whatsoever the Vendor/ Owner executed or done or knowingly suffered or to the contrary the Vendor/Owner has good right full power and on absolute authority and indefeasible title and interest, to grant, convey, sell and transfer the part said covered Garage hereby granted, sold, conveyed and assigned unto and to the use of the Purchasers Purchaser in the manner aforesaid according to the true intent and meaning of these presents in fee simple and free from all encumbrances and liabilities and without any hindrance eviction disturbance claim or demand whatsoever from the Vendor/Owner or any other person or persons lawfully or equitably claiming from or under or in trust for the Vendor/owner and that the Vendor/owner absolutely acquired and discharge and sufficiently saved defended kept harmless and indemnified of or from and against all defects in title, lispendens attachments and liabilities whatsoever made or suffered by the Vendor/owner and all materials times hereafter Vendor/Owner through the Developer Firm hereby undertakes that at the request and cost of the Purchaser will execute and cause to be observed fulfilled done and performed (including executed all such deed, matter, petitions for the restrictions betterment of the Purchaser's title as well as betterment of the said covered Garage and thing include the copy of the completion certificate whatsoever for more perfectly and effectually and granting and assure the said covered Garage and for the better enjoyment of the said covered Garage and for proportionate undivided land together with all benefits and rights hereby transferred as may be reasonably required, the Vendor/Owner and Developer Firm doth hereby further covenant with the Purchaser that the Purchaser shall have every right to transfer the said covered Garage together with undivided proportionate share of land by way of sale, gift, mortgage, lease, assign etc. with terms and conditions set down herein below. AND THIS INDENTURE FURTHER WITNESSETH THAT THE VENDOR, DEVELOPER FIRM AND PURCHASER jointly hereby covenant with each other that the following covenants and obligations set forth would run in respect of the FIFTH SCHEDULE hereunder written and aforesaid covered Garage of the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, building and all other outgoings in connection with the Said Unit wholly and parties doth hereby declare to abide by the Premises and in particular the Common Portions proportionately.same :-

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that THAT in pursuance of the premises aforesaid said Agreement dated made between the Vendors, Developer and the Purchasers herein and in consideration of the said total sum of Rs. /- (Rupees only) only paid by the Purchasers to the Builder paid Developer herein at or before the execution hereof of these presents (the receipt whereof of which sum the Builder Vendor as well as the Developer herein doth hereby as also by the receipt and memo of consideration hereunder written admit admits and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and as well as the Said said Unit being hereby conveyedNo. having super built-up area of Sq. Ft ( ) square feet, more or less, on the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour North Western/North Eastern/South Eastern/ South Western side of the Purchasers ALL THAT First/ Second/ Third/Fourth floor in the Flat, being Flat building named “SAKTI GITA MANSION” along with No of covered independent/covered dependent parking/open independent/ open dependent parking/Two xxxxxxx Parking No. on the Floor , also along with balcony/Verandah admeasuring an approximately square feet (Carpet Area) and along with Open Terrace - Nil_having super built-up area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the PremisesNIL square feet if applicable, as more fully mentioned permissible under applicable law and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided of/together with pro rata share in the Common PortionsAreas of the entire Building/ Project, as defined under clause (m) of Section 2 of the Act to the extent applicable to the Building/ Project together with undivided proportionate share of land together with all common facilities and amenities appurtenant thereto more fully mentioned and described in the THIRD SCHEDULE SCHEDULE-‘B’ hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as the Said Unit”)said Unit TOGETHERWITH right and interest and benefits in respect of all common parts/areas/portions, AND TOGETHER ALSO WITH common amenities and common convenience relating thereto particularly described in the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with SCHEDULE-‘C’ hereto for the beneficial use and enjoyment of the Said said Unit AND TO HAVE AND TO HOLD the Said said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging free from all municipal and other rates taxes and impositions on the Said Unit whollyencumbrances, and the Common Expensestrust, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelylien, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyattachments, lispendenses, whatsoever.

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only paid by the Purchasers Allottee/Purchaser to the Builder paid Promoter at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration towards the proportionate share in the land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and acquit the Allottee/Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do and each one of them doth hereby grant convey sell and transfer release assign and assure unto and to the Allottee/Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an of Block No. , having a carpet area of sq.ft. ( sqm) Carpet Area/Saleable Square feet (being Super Built up area as more fully Square feet), morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, “B” hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions reversions, remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Allottee/Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-quasi- easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Allottee/ Purchaser and the Promoter/Vendors as morefully and particularly described in the SCHEDULE “E” written hereunder hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in the Schedules hereto and on the part of the Purchasers Allottee/Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyperformed.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees /-(Rupees ) only) , paid by the Purchasers to the Builder paid Vendor at or before the execution hereof of these presents (the receipt whereof the Builder Vendor doth hereby admits and acknowledges and of and from the same and every part thereof and the Vendor doth hereby acquit release and forever discharge the Purchasers and the undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat hereby granted conveyed and sold) the Vendor doth hereby absolutely and indefeasibly grant convey sell transfer assign and assure and ALL THAT piece or parcel of apartment measuring about Sq. ft. being Flat/Unit No. along with one car parking paid by the Purchaser to the Promoter by way of consideration money on or before the execution of these presents the receipt whereof the Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit admits and acknowledge acknowledges to have been received and of and from the payment of the same and every part thereof doth do hereby acquit acquit, release and forever discharge the Purchasers and Purchaser (“the Said Unit being hereby conveyedsaid Flat/Unit”) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land Schedule B comprised in the Premises, as more fully mentioned and said Building together with one car parking admeasuring sq. ft on the ground floor morefully described in the FIRST SCHEDULE Schedule B hereunder written together with undivided proportionate share or interest in the land together with undivided proportionate share or interest in the common areas, facilities and attributable amenities of the said Building morefully described in Schedule C hereunder written together with the common areas, facilities and amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis- pendens, trust, execution and attachment/acquisition/requisition proceedings and all other liabilities whatsoever (the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space said Flat/Unit No. , in the as allotted in the Said Vehicle Parking Space at the Premisesone car parking, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said UnitApartment”). The term ‘the Said Apartment’ wherever used in this Deed shall include all the properties and rights mentioned hereinabove which are being hereby sold and/or granted, AND TOGETHER ALSO WITH unless contrary to the context and it is expressly made clear that the same constitute one residential unit. The right of the Purchaser shall be restricted to the Said Apartment together with the right to use the common areas and the Purchaser shall have no right, title or interest whatsoever in respect of the others units and garage in the Project. In respect of the other spaces, properties and other rights which are not intended to be transferred to the Purchaser as aforesaid, the Co-Owner/ Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by them in its absolute discretion, without any reference or objection of the Purchaser. The Purchaser hereby consents to the same and undertakes not to raise any claim or create or cause to be created for any reason, directly or indirectly, any obstruction or hindrance whatsoever regarding the same. The Purchaser shall use and enjoy the Common Portions Said Apartment in common the manner not inconsistent with his rights hereunder and without committing any breach, default or violation and without creating any hindrance relating to the rights of any other Unit Owners Owner and/or of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasiCo-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit Owner/ Promoter. The Purchaser shall be entitled TO HAVE AND TO HOLD the Said Apartment hereby granted sold conveyed transferred assigned assured or expressed or intended so to be with all rights and appurtenances belonging thereto unto and to the use of the Purchaser absolutely and forever in the manner not inconsistent with his rights hereunder and without committing any breach, default or violation and without creating any hindrance relating to the rights of any other Unit Owner and/or of the Promoter. The sale of the Said Apartment is together with and subject to the mutual easements and restrictions mentioned in this Deed including the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed, which shall be covenants running with the Said Apartment in perpetuity fully described in the Second Schedule hereunder written TOGETHER WITH the undivided and impartible proportionate share interest and ownership in the land in the said property and also the undivided and impartible proportionate share and interest of and in the common areas and open spaces therein and also all easement and other rights in respect thereof and all common amenities and facilities now available and to become available in future to the Purchasers in respect of the said land and the said flat (all the above, hereinafter collectively referred to as `the said flat') TOGETHER WITH the rights to have the said flat completely built and constructed by the Vendor at the costs of the Purchasers AND TOGETHER WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the said flat or any part or parts thereof belonging or in anywise appertaining or which with the same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the reversion or reversions remainder or remainders A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Vendor into and upon the said flat or any part or parts thereof TOGETHER WITH true and correct copies of all deeds pottahs muniments writings and evidences of title relating to the said flat or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Vendor or which the Vendor can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said flat AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO and free from all encumbrances. AND the Purchasers’ covenants Vendor doth hereby covenant with the Purchasers (1) THAT notwithstanding any act deed matter or thing by the Vendor done or executed or suffered to the contrary, the Vendor is absolutely seized and agreements hereunder contained possessed of or otherwise well and on sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said flat and every part thereof AND (2) THAT notwithstanding as aforesaid the Vendor now hath in itself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said flat and hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchasers in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchasers shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said flat hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Vendor and all person claiming from under or in trust for the Vendor AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Vendor AND (5) THAT the Vendor and all persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said flat hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be observed fulfilled or any part thereof from through under or in trust for the Vendor or any other person or persons as aforesaid shall and performed (including will from time to time and at all times hereafter at the restrictions terms conditions covenants request and obligations set forth in cost of the FIFTH SCHEDULE hereunder written Purchasers do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Said Sale Agreement) AND ALSO SUBJECT said flat and every part or parcel thereof unto and to the use of the Purchasers paying as shall or may be reasonably required. A N D the parties hereto agree and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Vendors and the Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration to the Vendors to the extent apportioned towards the proportionate share in the Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendor doth hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendor and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration I. TRANSFER: In pursuance of the sum of Rs. /- (Rupees only) by Consideration, the Purchasers to the Builder paid at or before the execution hereof (the receipt amount whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and is mentioned in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in which has been confirmed by Chief Executive Officer, Burdwan Development Authority vide his Memo No. 102/II-37(Part-7)/BDA dated 07/01/2016 and Memo No. 3358/II-37(Part-7)/BDA dated 08/12/2016 and Memo No. 2271/II-37/BDA dated 11/07/2017, the Land comprised in entirety whereof has been paid by the PremisesTransferee to the Transferor at or before execution hereof and the receipt whereof the Transferor do hereby and by the Memo of Consideration hereunder written admit, acknowledge and confirm, and by virtue of the powers conferred under the Head Lease, the Transferor doth hereby absolutely and forever transfer unto the Transferee as per the terms and conditions of the said Head Lease, which transfer the Transferee doth hereby accept, ALL THAT the "Said Plot" more fully mentioned and particularly described in the FIRST FIFTH SCHEDULE hereunder written and attributable to and, which assignment the Transferee hereby accepts, ALL THAT the " Said UnitPLOT Land", TOGETHER AND WITH like proportionate undivided share in out of the Common PortionsProject Land, fully mentioned and more particularly described in the THIRD FIFTH SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners portions of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as Satellite Township more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelyand hereafter called the "Township Common Portions", in common with the other owners and/or occupiers of the Satellite Township and to HAVE AND HOLD the Said Plot for the residue period of the Head Lease as also its renewals, if any, with the entitlement of renewals as contained in the Head Lease, yielding and paying the rent of as mentioned in the THIRD SCHEDULE hereunder written and hereafter called the "Said Rent", to be revised upwards every 5 (five) years as contained in the Head Lease without any deductions of whatsoever nature and/or kind free from all encumbrances, trusts, liens, lis-pendenses and attachments whatsoever and all benefits and rights hereby granted and being transferred/assigned to the Transferee, TOGETHER WITH the right undertake the specific used as described in the SIXTH SCHEDULE and to make constructions at its own costs and expenses at the Said Plot SUBJECT HOWEVER that the constructions to be made at the Said Plot should be in compliance with all the rules and regulations of the LUDCP and in accordance with the plans as approved by BDA and sanctioned by all the concerned authorities SUBJECT FURTHER HOWEVER to the observance and performance by the Transferee of all the covenants, stipulations, restrictions, and obligations of the Head Lease all other outgoings in connection of which shall be and be deemed to be covenants running with the Said Unit wholly Plot AND SUBJECT FURTHER to the observance and performance by the Premises Transferee of all the terms and in particular conditions of the management, administration and maintenance of the Township Common Portions proportionatelyAND SUBJECT FURTHER to the Transferee paying and discharging all existing and future rates, taxes, impositions, outgoings etc. in respect of the Said Plot from the date of its possession and/or the deemed date of possession, as the case may be, wholly with respect to the Said Plot and proportionately with respect to the Township Common Portions AND SUBJECT FURTHER the Transferee not changing the usage right of the said Plot.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees only) of lawful money of Union of India well and truly paid by the Purchasers Purchaser/Allottee to the Builder paid Vendor at or before the execution hereof of these presents (the receipt whereof the Builder Vendor doth hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge acknowledges and of and from the payment of the same and every part thereof and the Vendor doth hereby acquit release and forever discharge the Purchasers Purchaser and the Said Unit being undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat and car parking spaces hereby conveyedgranted conveyed and sold) the Vendors and the Builder do and each of them Vendor doth hereby absolutely and indefeasibly grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, That One self contained One self contained Residential BHK Flat being Flat No. on „,‟measuring a carpet area of Sq.ft. more or less, with balcony area admeasuring Sq.ft.(Chargeable area Sq.ft. more or less) being built up area admeasuring Sq.ft. (super built up area Sq.ft. more or less)on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in together with One Covered Car Parking Space No. measuring Sq.ft. more or less on the Ground Floor, of the said building situate lying at Holding Xx. 000, Xxxxxxxx Xxxxx Road, Xxxx No. 17, in the as allotted District South 24 Parganas Mouza- Rajpur, X.X. No. 55, Police Station – Sonarpur, within the jurisdiction of Rajpur Sonarpur Municipality being fully described in the Said Vehicle Parking Space at Third Schedule hereunder written TOGETHER WITH the Premises, if so categorically sold undivided and purchased under these presents impartible proportionate share interest and as more fully mentioned ownership in PART – II the land in the said property and also the undivided and impartible proportionate share and interest of and in the common areas and open spaces therein and also all easement and other rights in respect thereof and all common amenities and facilities now available and to become available in future to the Purchaser in respect of the within mentioned SECOND SCHEDULE, said land and the said flat and car parking space (all the above, hereinafter collectively referred to as `the Said Unit”), said flat and covered car parking space') TOGETHER WITH the rights to have the said flat and car parking spaces completely built and constructed by the Vendor at the costs of the Purchaser AND TOGETHER ALSO WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the right to use said flat and enjoy the Common Portions car parking space or any part or parts thereof belonging or in common anywise appertaining or which with the other Unit Owners of same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the Building AND reversion or reversions remainder or remainders and A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Vendor into and upon the said flat or any part or parts thereof TOGETHER WITH true and correct copies of all deed spot tahs muniments writings and evidences of title relating to the said flat and car parking space or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Vendor or which the Vendor can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said flat and car parking space AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchaser absolutely and forever and free from all encumbrances. AND the Vendor doth hereby covenant with the Purchaser/Allottee (1) THAT notwithstanding any act deed matter or thing by the Vendor done or executed or suffered to the contrary, the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said flat and car parking space and every part thereof AND (2) THAT notwithstanding as aforesaid the Vendor now hath in himself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said flat and car parking space hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchaser in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchaser shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said flat and car parking space hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Vendor and all person claiming from under or in trust for the Vendor AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and in connection with other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Said Unit Vendor AND (5) THAT the Vendor and all the persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said flat and car parking space hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be or any part thereof from through under or in trust for the Vendor or any other person or persons as aforesaid shall and will from time to time and at all times hereafter at the request and cost of the Vendors and/or Purchaser do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements said flat and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit car parking spaces and every part or parcel thereof unto and to the use of the Purchasers absolutely Purchaser as shall or may be reasonably required. A N D the parties hereto agree and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: Agreement for Sale

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (29,30,400/- ( Rupees onlyTwenty Nine Lakh Thirty Thousand Four Hundred Only) paid by the Purchasers Purchaser to the Builder paid Vendor at or before the execution hereof (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyedacknowledge) the Vendors and the Builder do and each of them Vendor doth hereby grant sell convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Purchaser All That the said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE Second Schedule hereunder written Together With proportionate undivided indivisible impartible variable share in the land underneath the Block in which the Purchaser‟s Flat is situated, attributable and attributable appurtenant to the Said Unit, AND TOGETHER WITH Flat agreed to be purchased by the right to park one car in Car Parking Space No. , Purchaser Together With proportionate undivided indivisible importable variable share in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold Common Areas and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH Installations Together With the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building AND manner herein stated and agreed And reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all And Together With easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit TO HAVE AND TO HOLD as set out in the Said Schedule hereunder written To Have And To Hold the said Unit and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO Subject Nevertheless To the Purchasers’ Purchaser‟s covenants obligations and agreements hereunder herein contained and on the part of the Purchasers Purchaser to be observed fulfilled and performed (including And Also Subject To the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Purchaser paying and discharging all municipal and other rates taxes and impositions on the Said said Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, common expenses proportionately and all other outgoings in connection with the Said said Unit wholly and the said Premises / Ultimate Premises and in particular the Common Portions proportionatelyAreas and Installations proportionately Excepting And Reserving unto the Vendor and the persons deriving title from them such easements quasi-easements and rights and privileges as set out in the Schedule hereunder written.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them Promoter doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Hira_format Sale Deed

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of sumof Rs. /- (Rupees only/-(Rupeesonly) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the THATthe Flat, being Flat No. on the Floor No.on theFloor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , ,in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that to secure the performance and observance by the Mortgagor of all the covenants, conditions and agreements in the premises aforesaid Note, this Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties, interest and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of Rs. /- TEN AND NO/100 (Rupees only$10.00) DOLLARS paid by the Purchasers Mortgagee to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by Mortgagor, and for other valuable considerations, the receipt and memo sufficiency of consideration which is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; THE MORTGAGED PROPERTY ("Mortgaged Property"): ALL those certain pieces, parcels or tracts of land in which the Mortgagor has a fee simple interest situate in the County of Lee County, State of Florida (hereinafter called the "Land"), mxxx particularly described in Exhibit "A" attached hereto and made a part hereof; TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing, including without limitation, all materials intended for construction, reconstruction, alteration, and repairs of improvements now or hereafter erected thereon, all of which materials shall be considered to be included within the mortgaged premises immediately on the delivery thereof to the mortgaged premises, it being mutually agreed that all the aforesaid property owned by Mortgagor and placed by it on the premises shall, so far as permitted by law, be considered to be affixed to the realty and covered by this mortgage, and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, rights, title, interest, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Mortgagor of, in and to the same, including, but not limited to, all judgments, awards of damages, and settlements hereafter made resulting from condemnation proceedings or the taking of the Mortgaged Property or any part thereof under the power of eminent domain, the alteration of the grade of any street, or for any damage (whether caused by such taking or otherwise) to the Mortgaged Property or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the Mortgaged Property or any part thereof; TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property to be applied against the indebtedness secured hereby, provided however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income, licenses, foreclosures, concessions, and other benefits as they become due and payable, but not in advance thereof. The foregoing assignment shall be fully operative without any further action on the part of either party and specifically Mortgagee shall be entitled, at its option upon the occurrence of a default hereunder, to all rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property, whether or not Mortgagee takes possession of the Mortgaged Property. Upon any such notice of default hereunder, the permission hereby given to Mortgagor to collect such rents, royalties, issues, profits, revenue, income and other benefits from the Mortgaged Property shall terminate and such permission shall not be reinstated upon a cure of the default without Mortgagee's specific written consent. Exercise of rights under this paragraph and the application of such rents, royalties, issues, profits, revenue, income or other benefits to such indebtedness, shall not cure or waive any default or notice of default hereunder written admit or invalidate any act done pursuant hereto, but shall be cumulative and acknowledge in addition to all other rights and remedies to Mortgagee; TOGETHER WITH all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Mortgagor to collect the rentals under such lease. The foregoing assignment of any lease shall not be deemed to impose upon Mortgagee any of the obligations or duties of Mortgagor provided in any such lease, and Mortgagor agrees to fully perform all obligations of the lessor under all such leases. Upon Mortgagee's request, Mortgagor agrees to send a Mortgagee a list of all leases covered by the foregoing assignment and as any such lease shall expire or terminate or as any new lease shall be made, Mortgagor shall so notify Mortgagee in order that at all times Mortgagee shall have a current list of all leases affecting the Mortgaged Property. Mortgagee shall have the right, any time and from the payment time to time, to notify any lessee of the same rights of Mortgagee as provided by this paragraph. From time to time, upon request of Mortgagee, Mortgagor shall specifically assign to Mortgagee as additional security hereunder, by an assignment in writing in form approved by Mortgagee, all right, title and every part thereof doth hereby acquit release interest of Mortgagor in and forever discharge to any and all leases now or hereafter on or affecting the Purchasers Mortgaged Property, together with all security therefore and all monies payable hereunder, subject to the Said Unit being hereby conveyed) conditional permission hereinabove given to Mortgagor to collect the Vendors rentals under any such lease. Mortgagor shall also execute and deliver to Mortgagee any notification, financing statement, or other document reasonably required by Mortgagee to perfect the Builder do foregoing assignment as to any such lease. (This instrument constitutes an absolute and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour present assignment of the Purchasers ALL THAT terms, royalties, issues, profits, revenues, income and other benefits from the FlatMortgaged Property, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder writtensubject, TOGETHER WITH proportionate undivided share in the Land comprised in the Premiseshowever, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitconditional permission given to Mortgagor to collect, TOGETHER AND WITH like proportionate undivided share in the Common Portionsreceive, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unittake, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions same as provided hereinabove; provided, further, that the existence or exercise of such right of Mortgagor shall not operate to subordinate the assignment to any subsequent assignment, in common whole or in part, by Mortgagor and any such subsequent assignment by Mortgagor shall be subject to the rights of the Mortgagee hereunder); TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the other Unit Owners Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Building AND reversion or reversions remainder or remainders Mortgagor in all tradenames and the rents issues and profits of and trademarks hereinafter used in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely Mortgaged Property, and forever SUBJECT NEVERTHELESS TO (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the Purchasers’ foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. PROVIDED, HOWEVER, that these presents are upon the condition that, if the Mortgagor shall pay or cause to be paid to the Mortgagee the principal and interest payable in respect to the dates on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, and shall keep, perform and observe all and singular the covenants and agreements hereunder contained promises in the Note, and any renewal, extension, consolidation or modification thereof, and in this Mortgage expressed to be kept, performed and observed by and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging Mortgagor, all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, without fraud or delay then this Mortgage and all other outgoings the properties, interest and rights granted, bargained, sold, liened, remised, released, conveyed, assigned, transferred, mortgaged, hypothecated, pledged, delivered, set over, warranted and confirmed, shall cease, terminate and be void, but shall otherwise remain in connection with the Said Unit wholly full force and the Premises and in particular the Common Portions proportionatelyeffect.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Enclaves Group Inc)

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. Rs /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment out of the same the Vendors hereby admit and every part thereof doth hereby acquit release acknowledge the receipt of apportioned sum towards the prorate share in the Project Land attributable to the said Unit and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors, to the extent of them doth their respective entitlement, do hereby grant convey sell and transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat said Unit No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of Schedule B hereto together with parking facility if granted to the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Purchaser and if so and as specifically mentioned in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, said Schedule B AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with the Vendors and the Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule C hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants Purchaser observing, fulfilling and agreements hereunder performing House Rules and other covenants, terms and conditions as contained herein below and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. IIA. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendors do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Unit and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter, to the Purchasers paying extent of their respective entitlement, do hereby sell and discharging all municipal transfer to the Association undivided proportionate share and title to the other rates taxes Common Areas absolutely. If any further document or instrument is required, in law, to be executed and impositions registered to further confirm or vest the said transfer in favour of the Association, the parties hereto shall execute and register the same at the cost and expense of the Purchaser. {OR in case Association is not formed before execution of the Deed of Conveyance then the following} And in the premises aforesaid and at the requisition of the Purchaser and with the consent of the Purchaser it is recorded and confirmed that the sale and transfer of the undivided proportionate title to the said Land attributable to the Unit by the Vendors and of the undivided proportionate title to the other Common Areas by the Vendors and the Promoter, to the extent of their respective entitlement, is and shall be deemed to be hereby conveyed to the Association without requirement of any act in future on the Said Unit wholly, part of the Vendors and the Common Expenses, as more fully Promoter and particularly mentioned shall ipso facto take effect immediately upon the incorporation of the Association absolutely and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection shall remain vested with the Said Unit wholly Purchaser until then in trust and for the Premises benefit of the Association. It is clarified that if any document or instrument is required, in law, to be executed and registered to confirm or vest the said transfer in particular favour of the Common Portions proportionatelyAssociation, the parties hereto shall execute and register the same at the cost and expense of the Purchaser.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. Rs /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment out of the same the Vendors hereby admit and every part thereof doth hereby acquit release acknowledge the receipt of apportioned sum towards the prorate share in the Project Land attributable to the said Unit and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors, to the extent of them doth their respective entitlement, do hereby grant convey sell and transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat said Unit No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of Schedule B hereto together with parking facility if granted to the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Purchaser and if so and as specifically mentioned in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, said Schedule B AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with the Vendors and the Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated 2 In case Association is made a party. If the circumstances do not allow the joining of Association to this Deed then the undivided proportionate title to the said land will be transferred to the Purchaser to be held by it in trust of the Association and the Purchaser will be liable to transfer such title to the Association upon its formation Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule C hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants Purchaser observing, fulfilling and agreements hereunder performing House Rules and other covenants, terms and conditions as contained hereinbelow and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. IIA. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendors do hereby sell and transfer to the Association 3undivided proportionate title to the said Land attributable to the Unit and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter, to the Purchasers paying extent of their respective entitlement, do hereby sell and discharging all municipal transfer to the Association undivided proportionate share and title to the other rates taxes Common Areas absolutely. If any further document or instrument is required, in law, to be executed and impositions registered to further confirm or vest the said transfer in favour of the Association, the parties hereto shall execute and register the same at the cost and expense of the Purchaser. {OR in case Association is not formed before execution of the Deed of Conveyance then the following} And in the premises aforesaid and at the requisition of the Purchaser and with the consent of the Purchaser it is recorded and confirmed that the sale and transfer of the undivided proportionate title to the said Land attributable to the Unit by the Vendors and of the undivided proportionate title to the other Common Areas by the Vendors and the Promoter, to the extent of their respective entitlement, is and shall be deemed to be hereby conveyed to the Association without requirement of any act in future on the Said Unit wholly, part of the Vendors and the Common Expenses, as more fully Promoter and particularly mentioned shall ipso facto take effect immediately upon the incorporation of the Association absolutely and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection shall remain vested with the Said Unit wholly Purchaser until then in trust and for the Premises benefit of the Association. It is clarified that if any document or instrument is required, in law, to be executed and registered to confirm or vest the said transfer in particular favour of the Common Portions proportionatelyAssociation, the parties hereto shall execute and register the same at the cost and expense of the Purchaser.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuant to the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (( Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Allottee to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Allottee and the Said said Unit being hereby conveyed) and properties appurtenant thereto the Vendors and the Builder do doth and each of them do hereby grant, transfer, convey, assign and assure and the Promoter doth hereby grant convey sell transfer release assign confirm and assure unto and in favour of the Purchasers Allottee ALL THAT THE Apartment Unit No………….. type ………….., on ………….floor in Building Block No (”Building”) having carpet area of …………………. square feet corresponding to Built-up area of square feet demarcated in the FlatFloor Plan annexed hereto and marked ANNEX-C and pro rata share (in the “common areas” of Project/First Phase (user right only since Common Area will be conveyed to Association) common parts, being Flat Noportions, facilities and amenities and also user right in the land beneath the building as defined under clause ( n) of section 2 of the Act working out to a Super Built up area of square feet, alongwith exclusive use of the Terrace admeasuring Sq.Ft alongwith the right to use Garage / Covered (Dependent/Independent) / Mechanical Parking Space (Dependent/Independent) /Open Car Parking Space (Dependent/Independent)No. admeasuring square feet ( Car Parking Space) located on the Basement/Ground/ Floor admeasuring an area of sq.ft. ( sqm) Carpet Areaor around the Building Block for his own use and not otherwise as permissible under the applicable law (hereinafter referred to as the “Apartment/Saleable area Unit “ as more fully per Unit Plan and particularly mentioned Parking Plan annexed hereto and collectively marked Annex-B and described in PART – I of SCHEDULE B) hereinafter collectively referred to as the SECOND SCHEDULE hereunder writtenSAID UNIT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), TOGETHER WITH proportionate undivided share in the Land comprised in the Premisesabsolutely and forever free from all encumbrances, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitcharges, TOGETHER AND WITH like proportionate undivided share in the Common Portionsliens, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitattachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car use the common areas installations and facilities as described in Car Parking Space No. , detail in the as allotted in Schedule-E to the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Agreement for Sale dated in common with the other Unit unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 said unit And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said unit and the Rights and Properties Appurtenant thereto hereby granted, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAllottee.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) for Apartment/Flat No. along with the right to use Parking Space for ….. Car paid by the Purchasers Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof doth do hereby acquit acquit, release and forever discharge the Purchasers Purchaser and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being said Apartment/Flat No. admeasuring sq. ft. (Carpet Area) situated on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully floor and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use Parking Space for ….. Car admeasuring sq. ft., the Vendor/Promoter doth hereby grant, transfer, assign and enjoy assure and confirm to and unto the Common Portions Purchaser all that the Apartment/Flat No. admeasuring sq. ft. (Carpet Area) on the Floor, (“the said Apartment/Flat”) morefully described in Part I of the Forth Schedule in the building together with the right to use Parking Space for ….. Car admeasuring sq. ft on the ground floor more fully described in Part II of the Forth Schedule hereunder written together with undivided proportionate share or interest in the land underneath the said Tower together with undivided proportionate share or interest in the common areas, facilities and amenities of the said Tower morefully described in Part-I of the Fifth Schedule hereunder written together with the common areas, facilities and amenities of the entire Residential Complex morefully described in Part-II of the Fifth Schedule hereunder written, subject to the right of Maheshtala Municipality and the visitors of Centre for Science, Sports and Cultural Activities to use the internal passage leading from Budge Budge Trunk Road up to the main gate (Gate No. 2) of Residential Complex as shown and delineated in Red Hatched Line on the plan hereto annexed and marked as Annexure “X” (“Plan) for ingress and egress in common with the other Unit Owners owners/ occupiers/ residents of Residential Complex AND ALSO the rights of use of the Building passage shown and delineated in Green Hatched Line on the plan marked “X” annexed hereto in common with Maheshtala Municipality and visitors of Centre for Science, Sports and Culture Activities AND reversion or reversions remainder or remainders and the rents issues and profits common use of and in connection amenities such as electric, telephone, water, sewerage line underneath the common passage with the Said Unit Maheshtala Municipality AND all the estate right title interest property claim and demand whatsoever of use in common with the residents of the Vendors and/or Residential Complex the Builder into or upon common utilities, amenities and facilities as specified in the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with Sixth Schedule hereunder written for the beneficial use and enjoyment of the Said Unit said Apartment Together With all easement or quasi-easement and other stipulations and/or provisions mentioned in the Seventh Schedule hereunder written for the beneficial use and enjoyment of the said Apartment, subject to the various terms, conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lispendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the said Apartment No. , on the ……. Floor of Tower No. …… along with right to use Parking Space for Car and all other rights and properties hereby sold and transferred and/or expressed or intended to be sold and transferred are hereinafter collectively referred to as the “said Premises”) AND the reversion or reversions and remainder or remainders AND the rent, issues and profits thereof AND all the estate, right, title, claim, interest and demand whatsoever both at law and in equity of the Vendor in the said Premises or any part or parcel thereof TO HAVE AND TO HOLD the Said Unit “said Premises” hereby sold, transferred and every part thereof conveyed unto and to the use in favour of the Purchasers Purchaser abovenamed, absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ Purchaser observing, performing and complying with the various terms, conditions, covenants and agreements the stipulations mentioned in the Eighth Schedule hereunder contained written AND ALSO SUBJECT TO the Purchaser paying and discharging all the rates, taxes, impositions and outgoings on the part account and in respect of the Purchasers to be observed fulfilled “said Premises” wholly and performed (including all the restrictions terms conditions covenants and obligations set forth common expenses proportionately as are mentioned in the FIFTH SCHEDULE Nineth Schedule hereunder written AND ALSO paying all rents, taxes, assessment, rates, dues and duties now payable or which may hereafter become payable in respect of the “said Premises” wholly and the Said Sale Agreement) said Residential Complex proportionately AND SUBJECT to the condition that the said Apartment will be used only for residential purpose and no other purpose AND ALSO SUBJECT to the Purchasers paying Vendor’s right to commence, continue and discharging all municipal complete construction of remaining towers and buildings as also the infrastructure and other rates taxes and impositions on facilities for the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.Entire Residential Complex;

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid and said Agreement for Sale dated __________ , in consideration of the said sum of Rs. /- (Rupees only) only of which the entire consideration of Rs. /- (Rupees ) only paid by the Purchasers PURCHASER to the Builder paid at CONFIRMING PARTY/DEVELOPER on or before execution of this Deed only on different dates as described in the execution hereof Memo of Consideration of which receipts have been issued totalling Rs. /- (Rupees ) only and the receipt whereof the Builder doth PROMOTER/DEVELOPER hereby as also by the receipt acknowledges and memo of consideration hereunder written admit and acknowledge and of and from the payment of admits and/or for the same and every part thereof doth hereby both truly acquit release and forever discharge the Purchasers PURCHASER of all his liabilities thereof and it is noted that the entire consideration money of Rs. /- (Rupees ) only against the said flat and Car Parking have been received by the DEVELOPER/ CONFIRMING PARTY and both the VENDORS and the Said Unit being CONFIRMING PARTY/DEVELOPER as beneficial owners and party respectively do hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and grant, convey, transfer, assigns, assure unto and in favour of the Purchasers said PURCHASER free from all encumbrances ALL THAT the undivided proportionate share of interest in the said land morefully and more particularly described in the SCHEDULE “A” hereunder written together with a complete Apartment/Flat, being Flat /Unit No. ___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of ____ Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the building and the flat is consisting of Bed rooms, 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor admeasuring of the said building measuring an area of sq.ft120 (One hundred and Twenty) Sq.ft. ( sqm) Carpet Area/Saleable area more or less as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE “B” below and undivided proportionate share of land as mentioned in the SCHEDULE “A” hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space constructed at the Premises, if so categorically sold cost and purchased under these presents and as more fully mentioned in PART – II expenses of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “PURCHASER TO HAVE AND TO HOLD the Said Unit”), AND TOGETHER ALSO WITH the said Flat togetherwith right to use the undivided share of land, staircases, common- land, roof of the building, water supply lines and enjoy other common paths and drains and sewerages, equipments and installation and fixture and passages and stair appertaining to the Common Portions said building situated at K.M.C. Premises Xx. 000, Xxxxxxx, within Xxxx No. 109, under formerly P.S. Purba Jadavpur, at present P.S. Panchasayar, Kolkata – 700 099, District – South 24-Parganas, as mentioned in common the SCHEDULE “B” AND “C” hereunder written herein comprised and hereby granted conveyed, transferred, assigned and assured and every part or parts thereof respectively together with there and every or their respective rights and appurtenance whatsoever unto the said PURCHASER absolutely and forever free from all encumbrances, trust, liens and attachments whatsoever ALL TOGETHER with the other Unit Owners benefit belonging to and attached therewith the covenant for production of the Building AND reversion all previous title deeds relating to the said land/building subject NEVERTHELESS to easement or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions provision in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD said complete Flat No. situated on the Said Unit and every part thereof unto and to the use ______ Floor, ___________ side of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO building together with right to park 1 (One) medium sized motor car of the Purchasers’ covenants and agreements hereunder contained and covered Car Parking Space No. on the part Ground Floor of the Purchasers said building and right to be observed fulfilled use all common rights and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, proportionate land share as more fully and particularly mentioned and morefully described in the FOURTH SCHEDULE “B” AND “C” hereunder written proportionatelywritten. AND IT IS HEREBY AGREED AMONG THE OWNERS/VENDORS, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.PROMOTER/DEVELOPER /CONFIRMING PARTY AND THE PURCHASER :-

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only paid by the Purchasers Allottee/Purchaser to the Builder paid Promoter at or before the execution hereof (the receipt whereof the Builder Vendors and the Promoter do and each one of them doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration towards the proportionate share in the land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each one of them doth hereby grant convey forever release discharge and acquit the Allottee/Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do and each one of them hereby sell and transfer release assign and assure unto and to the Allottee/Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, being Flat Designated Apartment No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Allottee/Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Allottee/Purchaser and the Promoter/Vendors as are set out in the (morefully and particularly described in the FIFTH SCHEDULE written hereunder) hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in the Schedules hereto and on the part of the Purchasers Allottee/Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of Section 17 of the said Act, the Vendors and Promoter do and each one of them sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter will sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only paid by the Purchasers Purchaser to the Builder paid Promoter at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby forever acquit release and forever discharge the Purchasers Purchaser), the Owner and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them Promoter doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Unit described in PART – I of the SECOND SCHEDULE – PART I hereunder written, written TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written AND all the estate right title and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II interest of the within mentioned SECOND SCHEDULEPromoter into or upon the said Unit and every part thereof, (with all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building legal incidents thereof AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit as set out in the FIFTH SCHEDULE hereunder written TO HAVE AND TO HOLD the Said said Unit and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever free from all encumbrances and liabilities whatsoever with clear and marketable title TOGETHER WITH the free, unfettered, transferable and heritable rights of the Purchaser to own, use, occupy and enjoy the Said Unit as absolute owner thereof with all other rights and properties herein mentioned SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including EXCEPTING AND RESERVING unto the restrictions terms conditions covenants Promoter and obligations the persons deriving title from the Promoter such easements quasi-easements rights and privileges as set forth out in the FIFTH SIXTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and Expenses (described in the FOURTH SCHEDULE hereunder written proportionately, written) proportionately and all other outgoings in connection with the Said said Unit wholly and the Premises said Project and in particular inparticular the Common Portions Areas and Installations proportionately.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only( ) by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Allottee and the Said Unit said Apartment being hereby conveyed) ), the Vendors Owners and the Builder Promoter do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Allottees ALL THAT the Flatsaid Apartment, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – Part I of the SECOND SCHEDULE SCHEDULE-B hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Parkwoods Common Portions Areas, Amenities and Facilities in common with the other Unit Owners of the Building Parkwoods allottees AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit said Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors Owners and/or the Builder Promoter into or upon the Said Unit said Apartment 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 said Apartment TO HAVE AND TO HOLD the Said Unit said Apartment and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder contained and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written said Sale Agreement and agreed to be paid, performed, observed and fulfilled by the Allottee during the period of his ownership of the Said Sale AgreementApartment) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said Unit said Apartment wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE Part-III of SCHEDULE-C hereunder written proportionately, and all other outgoings in connection with the Said Unit said Apartment wholly and the Premises Project and in particular the Parkwoods Common Portions Areas, Amenities and Facilities proportionately.

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) .of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser to the Builder paid at or before the execution hereof Developer (the receipt whereof the Builder Developer doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Purchaser and the Said Unit being hereby conveyedsaid unit and properties appurtenant thereto) the Vendors and the Builder Promoters do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure and the Developer doth hereby confirm and assure unto and in favour of the Purchasers Purchaser ALL THAT the Flat, being Flat /unit No. on the Floor admeasuring an in the New Building named ATHENA having super built-up area of sq.ftSq.ft. ( sqm) Carpet Area/Saleable area as be the same a little more or less more fully and particularly mentioned and described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE Second Schedule hereunder written and attributable to shown and delineated in the Said Unit, TOGETHER AND WITH like map or plan annexed hereto and bordered in colourRED thereon and one No. of covered car parking space on the ground floor of the New Building more fully and particularly described in Part-II of the Second Schedule hereunder written and shown and delineated in the map or plan annexed hereto and bordered in colourGREEN thereon Together With the undivided proportionate undivided indivisible part or share in the Common PortionsAreas, Facilities and Amenities of the said building and the said premises more fully mentioned and particularly described in the THIRD SCHEDULE Third Schedule hereunder written and Together With the undivided proportionate indivisible part or share in the land comprised in the said premises attributable thereto more fully and particularly described in the First Schedule hereunder (hereinafter collectively referred to as the Said UnitSAID UNIT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), absolutely and forever free from all encumbrances, charges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. , in use the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold common areas installations and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions facilities in common with the Promoters, Co- Owners and the other Unit Owners lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit new building AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said said Unit and the Rights and Properties Appurtenant thereto hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees /-(Rupees only) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on No.on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , ,in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms Purchaserstobeobservedfulfilledandperformed(includingtherestrictionsterms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees only) of lawful money of Union of India well and truly paid by the Purchasers Purchaser/Allottee to the Builder paid Owner/Vendor who is also Promoter/Developer herein at or before the execution hereof of these presents (the receipt whereof the Builder Owner/Vendor who is also Promoter/Developer herein doth hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge acknowledges and of and from the payment of the same and every part thereof and the Owner/Vendor who is also Promoter/Developer herein doth hereby acquit release and forever for ever discharge the Purchasers Purchaser and the Said Unit being undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat and car parking spaces hereby conveyedgranted conveyed and sold) the Vendors and the Builder do and each of them Owner/Vendor who is also Promoter/Developer herein doth hereby absolutely and indefeasibly grant convey sell transfer release assign and assure unto and in favour of the Purchasers SAID FLAT & CAR PARKING SPACE being ALL THAT the Flat, That One self-contained Residential BHK Flat being Flat No. , measuring a carpet area of Sq.ft. more or less, with balcony area admeasuring Sq.ft. (Chargeable area Sq.ft. more or less) being built up area admeasuring Sq.ft. and (Super Built up area Sq.ft. more or less) on the Floor together with One car parking space admeasuring an area of sq.ft135 Sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I feet on the Ground Floor of the SECOND SCHEDULE hereunder writtensaid building namely “XXXXXXXXX” situate lying at and being Plot No. CE/1/B/36, TOGETHER WITH proportionate undivided share in Street No. 220, in Block No. CE, Land – CE/1, Action Area – 1C, situated in the Land comprised in New Town, Police Station Rajarhat at present New Town, District - North 24-Parganas under Mahishbathan Gram Panchayat now within the Premisesjurisdiction New Town Kolkata Development Authority, as more fully mentioned together with undivided proportionate share interest and ownership of the land of Said Property, described in the FIRST SCHEDULE First Schedule, written hereunder written and attributable to also together with all common areas, facilities and amenities of the said G+ IV storied building namely “XXXXXXXXX” constructed on the Said UnitProperty together with common right and easement over and in respect of the common areas of the building including staircase together with underground and overhead water reservoir, TOGETHER AND WITH like proportionate undivided share in pump room, sewerage, drains, water pipes, water lines, passages, paths and other areas of common use and enjoyment of the Common Portions, said building namely “XXXXXXXXX” fully mentioned and described in the THIRD SCHEDULE Second Schedule hereunder written now available and attributable to become available in future to the Said Unit, AND TOGETHER WITH the right to park one car Purchaser in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II respect of the within mentioned SECOND SCHEDULE, said land and the said flat (all the above, hereinafter collectively referred to as `the said Flat and parking Space') TOGETHER WITH the rights to have the said Flat and parking Space completely built and constructed by the Owner/Vendor who is also Promoter/Developer herein at the costs of the Purchaser AND TOGETHER WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the Said Unit”), AND TOGETHER ALSO WITH the right to use Flat and enjoy the Common Portions Car Parking Space or any part or parts thereof belonging or in common anywise appertaining or which with the other Unit Owners of same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the Building AND reversion or reversions remainder or remainders and A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Owner/Vendor who is also Promoter/Developer into and upon the said Flat and parking Space or any part or parts thereof TOGETHER WITH true and correct copies of all deeds pottahs muniments writings and evidences of title relating to the said Flat and parking Space or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Owner/Vendor who is also Promoter/Developer or which the Owner/Vendor who is also Promoter/Developer can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said Flat and parking Space AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchaser absolutely and for ever and free from all encumbrances. AND the Owner/Vendor who is also Promoter/Developer doth hereby covenant with the Purchaser/Allottee (1) THAT notwithstanding any act deed matter or thing by the Owner/Vendor who is also Promoter/Developer done or executed or suffered to the contrary, the Owner/Vendor who is also Promoter/Developer is absolutely seized and possessed of or otherwise well and sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said Flat and parking Space and every part thereof AND (2) THAT notwithstanding as aforesaid the Owner/Vendor who is also Promoter/Developer now hath in himself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said Flat and parking Space hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchaser in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchaser shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said Flat and parking Space hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Owner/Vendor who is also Promoter/Developer and all person claiming from under or in trust for the Owner/Vendor who is also Promoter/Developer AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Owner/Vendor who is also Promoter/Developer well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and in connection with other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Said Unit Owner/Vendor who is also Promoter/Developer AND (5) THAT the Owner/Vendor who is also Promoter/Developer and all the persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said Flat and parking Space hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be or any part thereof from through under or in trust for the Owner/Vendor who is also Promoter/Developer or any other person or persons as aforesaid shall and will from time to time and at all times hereafter at the request and cost of the Vendors and/or Purchaser do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements said Flat and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit parking Space and every part or parcel thereof unto and to the use of the Purchasers absolutely Purchaser as shall or may be reasonably required. A N D the parties hereto agree and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that That in pursuance of the premises aforesaid agreement and in consideration of aforesaid payment of the entire consideration sum of Rs. /- 00000,000/- (Rupees only) by the Purchasers to the Builder paid at or before the execution hereof only (the receipt whereof the Builder doth hereby as also by the receipt and memo per Memo of consideration hereunder written admit and given below) payment of which the Owners/VENDORS hereby acknowledge and of and from the payment of the same and every part thereof doth both hereby acquit and release and forever discharge the Purchasers PURCHASERS and the Said Unit said property being hereby conveyedthe undivided proportionate share in the land described in the Schedule “A” in respect of and calculated on the basis of the area of the flat described in the Schedule “C” below as residential Flat Being No. ”E” measuring 760 Sq. ft. (more or less) Covered area and measuring 950 Sq. ft. (more or less) Super Built up area on the Vendors Second Floor, North-East Side of the Building and ALL THAT One Garage Space/Car Parking Space marked as “P-01” measuring 140 Sq. ft. (more or less) Super Built up area on the Ground Floor, North-East Side of the Building erected on the landed property mentioned in the Annexure A hereinbelow written lying and situated at Municipal Premises Xx. 00/00, Xxxxxxx Xxxxx Road, within Xxxx No. 122 of The Kolkata Municipal Corporation specifically mentioned in the Schedule “C” hereunder written and the Builder do OWNERS/VENDORS hereby convey and each of them doth hereby grant convey sell transfer release transfer, assign and assure unto the PURCHASERSS free all encumbrances, charges, liens, trust, annuities, lispendenses, attachments, debtor and in favour of the Purchasers wakf charges, for maintenance and residence and servients or easements with ALL THAT the Flatundivided proportionate share of land and the flat as aforesaid in the piece and parcel of land hereditament, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as misusage more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH Schedule “A” in particular the undivided proportionate undivided share in the Land comprised land underneath in respect of the Premises, as more fully mentioned and flat described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all Schedule “C” hereinafter collectively referred to as the Said Unit”)said property or howsoever otherwise the property situated butted, AND bounded, called known, numbered, described and distinguished TOGETHER ALSO WITH all rights, liberties, privileges, easements, lights, appendages, appurtenance, walls, paths, passages, swears, drains, water sources and the benefits and advantages to ancient and other right whatsoever to use the said property or any part thereof now are or hereto before were hold, used, occupied or enjoyed or reputed to belong or be appurtenant thereto and enjoy also compounds, drains, ways, paths, passages, fences and other rights and liberties whatsoever to the Common Portions said property belonging or in common with any way appertaining thereto and the other Unit Owners of the Building AND reversion or reversions reversions, remainder or remainders and the rents remainders, rents, issues and profits thereof and of every part thereof and all the estate, rights, title, interest, property, claims and demands whatsoever both at law and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever equity of the Vendors and/or the Builder OWNERS/VENDORS into or and upon the Said Unit AND TOGETHER WITH all easements same or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit an part thereof. TO HAVE AND TO HOLD the Said Unit THE SAID PROPERTY HEREBY GRANTED:- conveyed and transferred or expressed or intended so to be and every part thereof unto and to the use of the Purchasers PURCHASERS absolutely and forever SUBJECT NEVERTHELESS TO to be held as heritable and transferable immovable property within the Purchasers’ covenants and agreements hereunder contained and on meaning or any law for the part time being in force subject to the provisions of the Purchasers West Bengal Apartment Ownership Act, 1972 and its subsequent amendments and all the Rules and Regulations and agreement lawfully made and entered into pursuant to the provisions of the aforesaid Act and also subject to the payment of all rents taxes easements etc. Now chargeable upon the same or which may hereafter become payable in respect thereof to the Govt. of West Bengal, Panchayet Authority and the OWNERS/VENDORS hereby covenant with the PURCHASERS that notwithstanding any acts Deeds or things by the OWNERS/VENDORS made done or executed or knowingly suffered with the contrary with the OWNERS/VENDORS, now the good right and full and absolute power and indefeasible title to transfer the said property hereby sold and conveyed or expressed or intended so to be observed fulfilled with the appurtenance unto the PURCHASERS in manner aforesaid AND the PURCHASERS shall and performed (including may at all times hereinafter peaceably and quickly possess and enjoy the restrictions terms conditions covenants said property and obligations set forth every part thereof and receive the rents, issues and profits thereof without any lawful eviction interruption, claim of demand whatsoever from or the OWNERS/VENDORS or any person or persons lawfully or equitably claiming from under or through then free and clear and freely and clearly absolutely acquire exonerated and released or otherwise by and at the cost and expenses of the OWNERS/VENDORS well and sufficiently saved, and indemnified and keep indemnified on and from and against all manner or claims, charges, liens, debts, attachments, encumbrances, debtor, wakf charges or maintenances and residence whatsoever made or suffered or created by the OWNERS/VENDORS or their predecessors in interest or any persons lawfully equitably claiming any estate or interest or any person lawfully or equitably claiming any estate or interest in the FIFTH SCHEDULE hereunder written said property or any part thereof from under or in trust for them and the Said Sale Agreement) AND ALSO SUBJECT OWNERS/VENDORS will from time to time and at all times hereinafter at the request and cost of the PURCHASERS do or execute or cause to be done or executed all such acts, deeds, matters and things whatsoever for furtherance of better or more perfectly assuring the said property and every part and parcel thereof up to and to the Purchasers paying and discharging all municipal and other rates taxes and impositions on use of the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described PURCHASERS in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.any manner aforesaid or shall or may be reasonable required. AND IT IS FURTHER AGREED AND DECLARED THE PARTIES AS FOLLOWS:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. Rs /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment out of the same the Vendor hereby admit and every part thereof doth hereby acquit release acknowledge the receipt of apportioned sum towards the pro rate share in the Project Land attributable to the said Unit and forever discharge the Purchasers Vendor and the Said Unit being Promoter do hereby conveyedforever release discharge and acquit the Purchaser and the Designated Apartment and its appurtenances) the Vendors Promoter and the Builder Vendor, to the extent of their respective entitlements, do hereby sell and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat said Unit No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of Schedule-B hereto together with parking facility if granted to the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Purchaser and if so and as specifically mentioned in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, said Schedule-B AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with the Vendor and the Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or Promoter and the Builder Vendor into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendor as are set out in the ScheduleC hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants Purchaser observing, fulfilling and agreements hereunder performing the House Rules and other covenants, terms and conditions as contained hereinbelow and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. IIA. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendor do hereby sell and transfer to the Association 3undivided proportionate title to the said 2 In case Association is made a party. If the circumstances do not allow the joining of Association to this Deed then the undivided proportionate title to the said land will be transferred to the Purchaser to be held by it in trust of the Association and the Said Sale Agreement) AND ALSO SUBJECT Purchaser will be liable to transfer such title to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.Association upon its formation

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendor do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendor and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or Promoter and the Builder Vendor into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendor as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendor do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendor and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: Conveyance Deed

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser(s) to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Purchaser(s) and the Said Unit being hereby conveyedsaid Apartment) the Vendors and the Builder Owners do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure and the Promoter doth hereby confirm and assure unto and in favour of the Purchasers ALL THAT Purchaser(s) All That the Flat, being Flat Apartment No. containing a carpet area of sq. ft., type BHK, WITH Exclusive balcony area of sq feet, WITH Exclusive Right to use the Open Terrace adjoining the said Apartment containing an area of Square Feet , be the same a little more or less on the Floor admeasuring an area of sq.ftthe Block No. ( sqmof the Project to be known as “White Xxxxxxx” shown and delineated in the map or plan annexed hereto, being Annexure "A" duly bordered in colour RED together with right to park car at the open/covered (dependent or independent) Carpet Areaor multi-level mechanical parking space/Saleable area s in the ground floor level being no. situated within the said Project shown and delineated in the map or plan annexed hereto, being Annexure "B" duly bordered in colour GREEN thereon, hereinafter collectively referred to as the “said Apartment”, more fully and particularly mentioned and described in PART – the Part I of the SECOND SCHEDULE Second Schedule hereunder written, TOGETHER written and WITH proportionate undivided pro rata share in the Land comprised common areas of the said Project along with the right to enjoy the Common Installation more fully and collectively mentioned in the PremisesThird Schedule hereto, as more fully mentioned absolutely and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitforever free from all encumbrances, TOGETHER AND WITH like proportionate undivided share in the Common Portionscharges, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitliens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. use the common areas, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions common installations in common with the Owners/Promoter, Co-Transferees and the other Unit Owners and the other lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit Complex/Project 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 said Apartment TO HAVE AND TO HOLD the Said Unit said Apartment hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser(s).

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum payment for a total amount of Rs. /- [•]/- (Rupees [•] only) and more fully described in the Memo of Consideration hereunder written by the Purchasers Purchaser to the Builder Vendor paid at or before the execution hereof (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Purchaser and the Said Unit Apartment being hereby conveyed) ), the Vendors and the Builder do and each of them Vendor doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Purchaser ALL THAT the FlatSaid Apartment, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share a Proportionate Undivided Share in the Tower Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. use the Common Areas, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold Amenities and purchased under these presents and as more fully mentioned in PART – II Facilities of the within mentioned SECOND SCHEDULEProject as and when they are constructed or made ready and fit for use, to be used with all other Allottees as well as the owner (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use s) and enjoy the Common Portions in common with the other Unit Owners occupant (s) of the Building apartments in Tower Block and the Bungalow Block AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder Vendor into or upon the Said Unit Apartment 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 Apartment TO HAVE AND TO HOLD the Said Unit Apartment and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Purchaser’s covenants and agreements hereunder contained and on the part of the Purchasers Purchaser to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written Said Sale Agreement and agreed to be paid, performed, observed and fulfilled by the Purchaser during the period of his ownership of the Said Sale AgreementApartment) AND ALSO SUBJECT to the Purchasers Purchaser paying and discharging all municipal and other rates taxes and impositions on the Said Unit Apartment wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit Apartment wholly and the Premises Project and in particular the Project Common Portions Areas, Amenities and Facilities proportionately.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees only) of lawful money of Union of India well and truly paid by the Purchasers Purchaser/Allottee to the Builder paid Vendor at or before the execution hereof of these presents (the receipt whereof the Builder Vendor doth hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge acknowledges and of and from the payment of the same and every part thereof and the Vendor doth hereby acquit release and forever discharge the Purchasers Purchaser and the Said Unit being undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat and car parking spaces hereby conveyedgranted conveyed and sold) the Vendors and the Builder do and each of them Vendor doth hereby absolutely and indefeasibly grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, That One self contained One self contained Residential BHK Flat being Flat No. on ‘,’measuring a carpet area of Sq.ft. more or less, with balcony area admeasuring Sq.ft.(Chargeable area Sq.ft. more or less) being built up area admeasuring Sq.ft. (super built up area Sq.ft. more or less)on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in together with One Covered Car Parking Space No. measuring Sq.ft. more or less on the Ground Floor, of the said building situate lying at Holding Xx. 000, Xxxxxxxx Xxxxx Road, Xxxx No. 17, in the as allotted District South 24 Parganas Mouza- Rajpur, X.X. No. 55, Police Station – Sonarpur, within the jurisdiction of Rajpur Sonarpur Municipality being fully described in the Said Vehicle Parking Space at Third Schedule hereunder written TOGETHER WITH the Premises, if so categorically sold undivided and purchased under these presents impartible proportionate share interest and as more fully mentioned ownership in PART – II the land in the said property and also the undivided and impartible proportionate share and interest of and in the common areas and open spaces therein and also all easement and other rights in respect thereof and all common amenities and facilities now available and to become available in future to the Purchaser in respect of the within mentioned SECOND SCHEDULE, said land and the said flat and car parking space (all the above, hereinafter collectively referred to as `the Said Unit”), said flat and covered car parking space') TOGETHER WITH the rights to have the said flat and car parking spaces completely built and constructed by the Vendor at the costs of the Purchaser AND TOGETHER ALSO WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the right to use said flat and enjoy the Common Portions car parking space or any part or parts thereof belonging or in common anywise appertaining or which with the other Unit Owners of same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the Building AND reversion or reversions remainder or remainders and A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Vendor into and upon the said flat or any part or parts thereof TOGETHER WITH true and correct copies of all deed spot tahs muniments writings and evidences of title relating to the said flat and car parking space or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Vendor or which the Vendor can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said flat and car parking space AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchaser absolutely and forever and free from all encumbrances. AND the Vendor doth hereby covenant with the Purchaser/Allottee (1) THAT notwithstanding any act deed matter or thing by the Vendor done or executed or suffered to the contrary, the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said flat and car parking space and every part thereof AND (2) THAT notwithstanding as aforesaid the Vendor now hath in himself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said flat and car parking space hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchaser in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchaser shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said flat and car parking space hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Vendor and all person claiming from under or in trust for the Vendor AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and in connection with other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Said Unit Vendor AND (5) THAT the Vendor and all the persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said flat and car parking space hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be or any part thereof from through under or in trust for the Vendor or any other person or persons as aforesaid shall and will from time to time and at all times hereafter at the request and cost of the Vendors and/or Purchaser do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements said flat and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit car parking spaces and every part or parcel thereof unto and to the use of the Purchasers absolutely Purchaser as shall or may be reasonably required. A N D the parties hereto agree and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: Agreement for Sale

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. ……….. /- (Rupees ………………………. only) by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Allottee and the Said Unit Apartment being hereby conveyed) ), the Vendors Owners and the Builder Promoter do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Allottee ALL THAT the FlatSaid Apartment, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Project Common Portions Areas in common with the other Unit Owners owners and occupiers of the Building other apartments in the project AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors Owners and/or the Builder Promoter into or upon the Said Unit Apartment 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 Apartment TO HAVE AND TO HOLD the Said Unit Apartment and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder contained and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth setforth in the FIFTH SCHEDULE hereunder written and the Said Sale AgreementAgreement and agreed to be paid, performed, observed and fulfilled by the Allottee during the period of his ownership of the Said Apartment) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said Unit Apartment wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit Apartment wholly and the Premises Said Phase 2 and the Project and in particular the Project Common Portions Areas, Amenities and Facilities proportionately.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations and the Broad Infrastructure in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions Areas and Installations, as also the Broad Infrastructure, proportionately.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that THAT in pursuance of the premises aforesaid said agreement and in consideration of the sum of Rs. Rs /- (Rupees only) paid by the Purchasers Purchaser to the Builder paid at or Vendor before the execution hereof of these presents (the receipt whereof the Builder doth Vendor hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyedacknowledges) the Vendors Vendor hereby grants, transfers, conveys and assures unto the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Purchaser ALL THAT the Flat, being Flat undivided th shares or portion in the land bearing Plot No situated at more particularly described in the First Schedule hereunder written and the proprietary rights in Apartment No. on floor and delineated on the Floor admeasuring an area plans thereof annexed hereto at Annexure Il and thereon shown surrounded by red coloured boundary line, in the building No. A of sq.ft. ( sqm) Carpet Area/Saleable area as the Apartments, which said apartment is more fully and particularly mentioned and described in PART – I the Second Schedule and hereinafter referred to as the said Apartment TOGETHER WITH th undivided interest appurtenant to the said Apartment in the common areas and facilities of the SECOND SCHEDULE hereunder writtensaid land. AND TOGETHER with all the courtyards, TOGETHER WITH proportionate areas, compounds, sewers, drains, ditches, fences, trees, plants, ways, paths, passages, common gullies, wells, waters, water courses, lights, liberties, privileges, easements, profits, advantages, rights, members and appurtenances thereto or at any time heretofore usually held, used, occupied or enjoyed or reputed or known as part or members thereof AND ALSO ALL the estate right, title, interest, benefit, claim and demand whatsoever both at law and in equity of the Vendor into out of or upon the th undivided share in the Land comprised said land and in the Premisessaid Apartment and the other premises hereby granted as aforesaid are hereinafter referred to as "the said premises". AND TO HAVE AND HOLD the said premises hereby granted, as more fully mentioned conveyed, transferred and described in the FIRST SCHEDULE hereunder written assured or intended so to be with their and attributable every of their rights, members and appurtenance unto and to the Said Unituse and benefit of the Purchaser for ever to be held as heritable and transferable, TOGETHER subject to the provisions of the Apartment Ownership Act, the said Declaration dated and the bye-laws of the condominium and rules and regulations and subject to the payment of all rents, rates, assessments, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof to the Government of Corporation of , and any other public or statutory authority. , Municipal AND WITH like proportionate undivided THE VENDOR hereby for himself, his executor, and administrators covenant with the Purchaser that he has in himself good right, power and absolute authority to grant, transfer, release and assure the 1180th share in the Common Portions, fully mentioned said land and described the said Apartment No in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space Building No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof A unto and to the use of the Purchasers absolutely Purchaser free from all encumbrances. AND that the Purchaser shall and forever SUBJECT NEVERTHELESS TO may at all times hereafter peaceably and quietly enter upon, hold, occupy, possess and enjoy the Purchasers’ covenants said premises hereby granted, conveyed, transferred and agreements hereunder contained assured and on enjoy exclusively the said premises hereby granted, transferred, conveyed and assured so to be with the said appurtenances and receive the rents, income and profits thereof and of every part thereof for his own use and benefit without any suit, eviction, interruption, obstruction, claim and demand whatsoever from or by the Vendor, his heirs, or any of them or any person or persons lawfully or equitably claiming under or in trust for him or them or any of them. AND the said premises are free from encumbrances and the Vendor shall keep harmless and indemnify the Purchaser of, from and against all former and other estates, titles, charges and encumbrances whatsoever, made, executed, occasioned or suffered by the Vendor or any other person or persons lawfully or equitably claiming or to claim by, from, under or in trust for the Vendor. AND FURTHER THE Vendor, his heirs, executors and administrators shall and will from time to time and all times hereafter at the request and costs of the Purchasers Purchaser do and execute or cause to be observed fulfilled done and performed (including executed all such further and other lawful and reasonable acts, deeds, things, matters conveyances and assurances in law whatsoever for the restrictions terms conditions covenants better and obligations set forth more perfectly assuring the said apartment and every part thereof unto the use of the Purchaser in the FIFTH SCHEDULE manner aforesaid as by the Purchaser, his heirs, executors, assigns or his counsel shall be reasonably required. AND FURTHER the Vendor doth hereby covenant with the Purchaser that unless prevented by fire or inevitable accident, the Vendor will upon every reasonable request and at the costs of the Purchaser shall produce or cause to be produced from time to time or at all times hereafter to the Purchaser or his Advocate or at any trial, commission, examination or otherwise as occasion shall require all or any documents mentioned in the Third Schedule hereunder written for the purpose of showing his title to the said land described in the First Schedule hereunder written and the Said Sale Agreement) AND ALSO SUBJECT will furnish to the Purchasers paying Purchaser and discharging all municipal every such other party or parties as aforesaid such true copies or extracts of and from the said documents or any of them as the Purchaser or such other party or parties may require and will in the meantime keep the said documents safe, uncancelled and undefaced. AND IT IS HEREBY DECLARED AND AGREED that if the Vendor delivers the documents of title hereinbefore covenant to be produced or any of them to any person or persons lawfully entitled to the custody thereof, the Vendor shall thereupon enter into with and to deliver to the person or persons for the time being entitled to the benefit of the covenant for production hereinbefore contained and furnishing copies of the said documents which shall have been so delivered up, similar to the covenant hereinbefore contained and thenceforth the covenant hereinbefore contained shall become void so far as relates to the documents covenanted with the Vendor. AND THE PURCHASER for himself, his executor and administrators doth hereby covenant with the Vendor and other rates taxes and impositions on co-owners of the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described other units in the FOURTH SCHEDULE hereunder written proportionatelysaid buildings that the Purchaser shall abide by the bye-laws of the said condominium and shall pay his proportionate share of ,expenses and shall use the said apartment for residential purpose only and he the Purchaser shall not ask for a partition by metes and bounds of the said land and shall not do any act which would jeopardise the safety or soundness of the property or reduce the value thereof and shall not make any alteration, and change or make addition in or to the apartment without the previous consent of all other outgoings apartment owners in connection with the Said Unit wholly and the Premises and said condominium in particular the Common Portions proportionatelywriting.

Appears in 1 contract

Samples: Sale Deed of Apartment

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. Rs /- (Rupees ………………………………….. only) of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser(s) to the Builder paid at or before the execution hereof Vendor (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof forever acquit, release and discharge the Purchaser(s) and the said Apartment and properties appurtenant thereto) the Vendor doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure unto and in favour of the Purchasers ALL THAT Purchaser(s) All that the Flat, being Flat BHK residential Apartment No. having carpet area of square feet (equivalent to square feet of built-up area and square feet of super built area, which is provided here only for information purpose), on the floor in Tower No. Together with exclusive right to use the Balcony having a Built Up area of …. Sq.ft. approximately adjoining to the said Apartment No……. more fully described in the Second Schedule written here under and delineated on the Floor admeasuring an Plan being Annexure A hereto and bordered in colour …….. thereon and Together With the exclusive right to use the adjoining open terrace/open space having a Built up area of sq.ft. ( sqm) Carpet Area/Saleable area as approximately, if any, more fully and particularly mentioned and described in PART – the Second Schedule written here under and delineated on the Floor Plan being Annexure A hereto and bordered in colour thereon Together With the proportionate undivided indivisible impartible variable share in the land beneath the said Tower of the Project known as GOLDEN HEIGHTS, constructed and completed in accordance to the Plan, attributable to the said Apartment Together With a Covered Car parking Space being no…. in the basement of the Tower No…. OR Together With Right to park in Open Car Parking Space being no……… and pro rata Common Areas of …. Sq.ft. of the said Project known as GOLDEN HEIGHTS more fully mentioned in the Part –I of the SECOND SCHEDULE hereunder writtenThird Schedule hereto and right to enjoy common areas, TOGETHER WITH proportionate undivided share in common amenities and facilities of the Land comprised in the Premises, as said Project more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable Part – II of the Third Schedule hereto along with the right to enjoy the same in common to the Said Unitother Purcahsers of the said Tower and the said Project, TOGETHER (hereinafter collectively referred to as the SAID APARTMENT AND WITH like proportionate undivided share in the Common PortionsTHE RIGHTS AND PROPERTIES APPURTENANT THERETO), fully mentioned absolutely and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitforever free from all encumbrances, charges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. use the common installations, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold amenities and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions facilities in common with the other Unit Owners Purchasers and the other lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit said Project AND TOGETHER WITH all easements or quasi-quasi- easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit said Apartment And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said Apartment and the Rights and Properties Appurtenant thereto hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser(s).

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) by rent and the Purchasers to Lessee's covenants hereinafter contained the Builder paid at or before the execution hereof (the receipt whereof the Builder Lessor doth hereby as also by demise upto the receipt Lessee the demised premises along with the secured place for fixing the V‐sat or other Antennas/Disc at the roof top or at any other appropriate place in the premises at its desired and memo of consideration hereunder written admit suitable place along with their cablings and acknowledge and of and from the payment accessories or for Automation of the same branch and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flatfixing related devices, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely conveniences and forever SUBJECT NEVERTHELESS TO appurtenants enjoyed in connection therewith and the Purchasers’ covenants right of ingress and agreements hereunder contained egress for the Lessee and on its employees, customers and all others, for its advantage to and from the part staircase, passages and corridors of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and premises described in the FOURTH SCHEDULE hereunder written proportionatelySchedule hereto hold the same unto the Lessee for a term of 5 (Five) years (certain period) certain from possession date with an option to the Lessee to renew the period of further 5 (Five) years (option period), as hereinafter mentioned. The Lessor shall have to provide necessary consent/permission from society, Association, Company, Co-owner,Co‐possessor, Builder or any other person whatsoever and all whomsoever, as the case may be, at their cost to install the Generator, Antenna/Disc along with their cabling and accessories or fixed related devices etc. on the terrace or at any other outgoings suitable and appropriate place in connection with the Said Unit wholly building for Generator, V‐SAT or Automation and core banking solutions of the branch and the Premises and cost of installation of Generator, Antenna /Disc cabling, accessories or fixed related devices, V‐SAT, or automation of branch in particular present or in future shall be borne by the Common Portions proportionatelyLessee.

Appears in 1 contract

Samples: Lease Deed

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration to the Vendors to the extent apportioned towards their proportionate share in the Project Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas as specified in Part-I and Part-II of Schedule E hereunder in common with the Vendors and Promoter and other Unit Owners persons permitted by them [AND TOGETHER WITH right to use the Common Areas comprised in the Second Phase and the Third Phase (if developed by the Promoter) and specified in Part-III and Part-IV of Schedule E hereunder respectively upon their respective completion, in common with the Building Vendors and Promoter and other persons permitted by them]*3 AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyperformed.

Appears in 1 contract

Samples: Conveyance Deed

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only to the Developer/Promoter by the Purchasers Purchaser of the lawful money of the Union of India well and truly paid by the Allottee/Purchaser to the Builder paid Promoters at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them acquit the Allottee/Purchaser and the Designated Apartment and appurtenances attached thereto) the Promoter doth hereby grant convey sell and transfer release assign and assure unto and in favour of to the Purchasers Allottee/Purchaser its entitlements being ALL THAT the Flat, being Designated Apartment Residential Flat / Apartment bearing No. containing carpet area of ’ square feet and Built up area Sq.ft. (Super built up area whereof is ’ square feet), attached Terrace area being ’ square feet, more or less on the Floor admeasuring an area of sq.ft. the th floor of the Tower constructed at the said land Together with the right to park One medium sized Car Parking under [( sqm) Carpet Area/Saleable area as more fully on the Floor], morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, “B” hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions reversions, remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Allottee/Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Allottee/ Purchaser and the Promoter/Vendors AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements conditions as contained in the Schedules hereto including House Rules mentioned in SCHEDULE “F” hereunder contained and on the part of the Purchasers Allottee/Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyperformed.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) for Apartment/Flat No. along with one car parking paid by the Purchasers Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Purchaser and the said Apartment/Flat No. admeasuring sq. ft. (Carpet Area) situated on the floor and one car parking admeasuring sq. ft., the Vendor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to and unto and in favour of the Purchasers ALL THAT Purchaser all that the Flat, being Apartment/Flat No. admeasuring sq. ft. (Carpet Area) on the Floor admeasuring an area of sq.ft. ( sqmFloor, (“the said Apartment/Flat”) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Second Schedule in the Land comprised building together with one car parking admeasuring sq. ft on the ground floor more fully described in Part II of the Second Schedule hereunder written together with undivided proportionate share or interest in the Premisesland together with undivided proportionate share or interest in the common areas, as more fully mentioned facilities and amenities of the said Building morefully described in Part-I of the FIRST SCHEDULE Third Schedule hereunder written together with the common areas, facilities and attributable amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis- pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space said Apartment/Flat No. , in the as allotted in the Said Vehicle Parking Space at the Premisesone car parking, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or Vendor/Promoter in the Builder into said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby sold, transferred and every part thereof conveyed to and unto and to the use of the Purchasers Allottee/Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Purchaser as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Purchaser’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Residential cum Commercial Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Apartment/Flat will be used only for residential purpose and no other.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) .of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser to the Builder paid at or before the execution hereof Developer (the receipt whereof the Builder Developer doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Purchaser and the Said Unit being hereby conveyedsaid unit and properties appurtenant thereto) the Vendors and the Builder Promoters do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure and the Developer doth hereby confirm and assure unto and in favour of the Purchasers Purchaser ALL THAT the Flat, being Flat /unit No. on the Floor admeasuring an in the New Building named METRO HEIGHTShaving super built-up area of sq.ftSq.ft. ( sqm) Carpet Area/Saleable area as be the same a little more or less more fully and particularly mentioned and described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE Second Schedule hereunder written and attributable to shown and delineated in the Said Unit, TOGETHER AND WITH like map or plan annexed hereto and bordered in colourRED thereon and one No. of covered car parking space on the ground floor of the New Building more fully and particularly described in Part-II of the Second Schedule hereunder written and shown and delineated in the map or plan annexed hereto and bordered in colourGREEN thereon Together With the undivided proportionate undivided indivisible part or share in the Common PortionsAreas, Facilities and Amenities of the said building and the said premises more fully mentioned and particularly described in the THIRD SCHEDULE Third Schedule hereunder written and Together With the undivided proportionate indivisible part or share in the land comprised in the said premises attributable thereto more fully and particularly described in the First Schedule hereunder (hereinafter collectively referred to as the Said UnitSAID UNIT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), absolutely and forever free from all encumbrances, charges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. , in use the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold common areas installations and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions facilities in common with the Promoters, Co- Owners and the other Unit Owners lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit new building AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said said Unit and the Rights and Properties Appurtenant thereto hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that I. That in the premises said Building aforesaid and in consideration of the sum of Rs. /- (Rupees only) for Apartment/Flat No. _ along with one car parking paid by the Purchasers Allottee/Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Allottee/Purchaser and the said Apartment/Flat No. admeasuring sq. ft. (Carpet Area) situated on the floor and one car parking admeasuring sq. ft., the Vendor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, sell, convey, assign and assure and confirm to and unto and in favour of the Purchasers ALL THAT Allottee/Purchaser all that the Flat, being Apartment/Flat No. admeasuring sq. ft. (Carpet Area) on the Floor admeasuring an area of sq.ft. ( sqmFloor, (“the said Apartment/Flat”) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Third Schedule in the Land comprised building together with one car parking admeasuring sq. ft on the ground floor more fully described in Part II of the Third Schedule hereunder written together with undivided proportionate share or interest in the Premisesland together with undivided proportionate share or interest in the common areas, as more fully mentioned facilities and amenities of the said Building morefully described in Part-I of the FIRST SCHEDULE Fourth Schedule hereunder written together with the common areas, facilities and attributable amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis-pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space said Apartment/Flat No. , in the as allotted in the Said Vehicle Parking Space at the Premisesone car parking, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or Vendor/Promoter in the Builder into said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby sold, transferred and every part thereof conveyed to and unto and to the use of the Purchasers Allottee/Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Allottee/Purchaser as mentioned in the FIFTH SCHEDULE Fifth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee/Purchaser’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Sixth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Residential Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Apartment/Flat will be used only for residential purpose and no other.

Appears in 1 contract

Samples: Indenture of Sale

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Vendor paid at or before the execution hereof (the receipt whereof the Builder doth Vendor do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Vendor do and each of them doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said said Unit AND TOGETHER WITH all easements or quasi-quasi- easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Unit as set out in PART-I of the FIFTH SCHEDULE hereunder written TO HAVE AND TO HOLD the Said said Unit and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Purchaser’s covenants and agreements hereunder contained and on the part of the Purchasers Purchaser to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Purchaser paying and discharging all municipal and other rates taxes and impositions on the Said said Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, common expenses proportionately and all other outgoings in connection with the Said said Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations proportionately EXCEPTING AND RESERVING unto the Vendor and the persons deriving title from the Vendor such easements quasi-easements and rights and privileges as set out in PART-II of the FIFTH SCHEDULE hereunder written.

Appears in 1 contract

Samples: Proforma Sale Deed

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and THAT in consideration of the total sum of Rs. ............./- (Rupees only................) only lawful money of the well and truly paid by the Purchasers Purchaser to the Builder paid Vendor at or before the execution hereof of this presence. (the The receipt whereof the Builder Vendor doth hereby admit, acknowledge as also by the receipt and memo per Memo of consideration Consideration hereunder written admit and acknowledge to have received and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge for ever discharged the Purchasers Purchaser of the said flat and car parking space together with undivided proportionate share of land with all common facilities and amenities attached to then described in the Second Schedule along with a common areas and facilities available in the said building , morefully and elaborately described in the Third Schedule hereunder written and also the right, title, interest of the Vendor hereby sold and transferred in favour of the Purchaser herein into and upon the said flat and car parking space TOGETHER WITH all other ways, path, passage, swears, advantages and appurtenances whatsoever to the said flat and car parking space belonging to or in anywise appertaining thereto or reputed to belong or be known as part and parcel of or member thereof or held use or enjoy herewith or be appurtenant thereto and the Said Unit being hereby conveyed) reversion or reversions, remainder or remainders and all the Vendors rents, issues and profits thereof and every part thereof portions thereof TOGETHER WITH the right to use the common areas and egress out of the said flat and car parking space more or less more fully mentioned in the Second Schedule hereunder and the Builder do undivided proportionate share or interest in all the common parts and each portions and facilities and amenities comprised in the said building morefully described in the Third Schedule hereunder written and also all the right, title and interest of them doth the Vendor hereby grant convey sell transfer release assign sold and assure transferred unto and in favour of the Purchasers ALL THAT Purchaser herein into or upon the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully said flat and particularly mentioned car parking space and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisesall other ways, as more fully mentioned paths, passages, sewers, advantages and described in the FIRST SCHEDULE hereunder written and attributable appurtenant whatsoever to the Said Unit, TOGETHER AND WITH like proportionate undivided share said flat and car parking space belonging to or in anywise appertaining thereto or reputed to belong or be known as part or parcel or member thereof or held used or enjoyed therewith or be appurtenant thereto and the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and all the rents rents, issues and profits thereof and every part thereof or portions thereof TOGETHER WITH the right to use the common areas and paths and passages for the purpose of free ingress and egress out of the said flat and car parking space and every part or portions thereof in connection common with the Said Unit AND other owners and occupiers of the said building and all the estate right title interest property claim and demand whatsoever rights of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or easements, quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit said flat and car parking space and the essential service and amenities appertaining thereto and all the muniments, deeds, pattahs, documents, writings and other evidence of title exclusively relating to the said premises and/or the said flat and car parking space which is now are or in the custody/possession and control of the said owners or which the Vendor can procure without any suit or action AND ALL the estate, right, title, interest property, claim and demand whatsoever of the said Vendor into or upon the said flat and car parking space and every part or portion thereof TO HAVE AND TO HOLD the Said Unit said flat and every part thereof car parking space hereby sold, granted, transferred, conveyed, assigned and assured or expressed or intended so to be with all rights, benefits, members easements and appurtenances thereto unto and to the use of the Purchasers Purchaser herein absolutely and forever SUBJECT NEVERTHELESS TO HOWEVER to the Purchasers’ covenants and agreements hereunder contained and on the part Purchaser making payment of the Purchasers to be observed fulfilled proportionate or apportioned share of the maintenance charges and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates statutory rates, taxes and impositions on in respect of the Said Unit whollysaid flat and car parking space BUT OTHERWISE free from all encumbrances, charges, attachments, liens, whatsoever SUBJECT HOWEVER to the various easement and the Common Expenses, as more fully and particularly mentioned and described quasi easement and/or restrictions provided for in the FOURTH SCHEDULE hereunder written proportionately, said building for the purpose of beneficial use and enjoyment of the said flat and car parking space AND free and clear and freely and clearly and absolutely acquitted exonerated and released or otherwise well and sufficiently indemnified from against all manner of estate claim charges lien attachments and encumbrances created made done executed or suffered by the said owners AND the Vendor hereby further covenant with the Purchaser herein that the said owner and all the persons claiming through under or in trust for the Vendor shall and will from time to time and at all material times hereafter and at the request an cost of the Purchaser herein make do execute or cause to be done and executed all such further and other outgoings lawful acts, deeds, matters and things whatsoever for further better and more perfectly assuring the said flat and car parking space hereby sold transferred conveyed and granted or expressed or intended so to be unto and to the use of the Purchaser herein in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelymanner as aforesaid.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration to the Vendors to the extent apportioned towards their proportionate share in the Project Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Part-5 hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas as specified in Part-7 hereunder in common with the Vendors and Promoter and other Unit Owners of persons permitted by them [AND TOGETHER WITH right to use the Building Common Areas comprised in the Second Phase and the Third Phase (if developed by the Promoter) and specified in Part mentioned hereunder respectively upon their respective completion, in common with the Vendors and Promoter and other persons permitted by them]*3 AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyperformed.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that 1.1 That in the premises aforesaid and in the consideration of the sum of Rs. /- (Rupees only------only) by the Purchasers Purchaser to the Builder Vendor paid at or before the execution hereof (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof thereof, the Vendor doth hereby acquit release and forever discharge the Purchasers Purchaser and its interest upon the said Unit and the Said Unit being hereby conveyedproportionate undivided share in the Common Areas,) the Vendors and the Builder do and each of them doth Vendor hereby grant convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flatsaid Unit, being the Flat No. No:------- on the the-------- Floor admeasuring an having aggregate carpet area, built up area and super built up area of sq.ft-------------square feet square feet and ----------------------------------square feet respectively along with covered parking space measuring about ……. ( sqm) Carpet Area/Saleable area as more fully square feet in the parking lot of the ground floor of the building at the said premises morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE Second Schedule hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH Together With the right to use and enjoy the Building’s Common Portions Areas in common with the other Unit Owners Holders and the Vendor in respect of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND Units not alienated And all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder Vendor into or upon the Said said Unit. To Have and To Hold the said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO But Subject Nevertheless To the Purchasers’ Purchaser’s covenants and agreements hereunder contained and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions restrictions, conditions, covenants and obligations set forth in the FIFTH SCHEDULE Third Schedule hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelywritten).

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) ___ _ _ _ for Unit No. along with one car parking paid by the Purchasers Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Purchaser and the said Unit No. _ _ admeasuring _ sq. ft. (Carpet Area) situated on the floor and one car parking admeasuring sq. ft., the Vendor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to an d unto and in favour of the Purchasers ALL THAT Purchaser all that the Flat, being Flat NoUnit No admeasuring _____ _ sq. ft. (Carpet Area) on the Floor admeasuring an area of sq.ft. ( sqm__ __ Floor, (“the said Unit”) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Second Schedule in the Land comprised in the Premises, as building together with one car parking admeasuring sq. ft on theground floor more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – Part II of the within mentioned SECOND SCHEDULESecond Schedule hereunder written together with undivided proportionate share or interest in the land together with undivided proportionate share or interest in the common areas, facilities and amenities of the said Building morefully described in Part-I of the Third Schedule hereunder written together with the common areas, facilities and amenities of the subject to the terms, conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis-pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the said Unit No. _ , one car parking, and all other rights and properties hereby sold and transferred and/or expressed or intended to be sold and transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or the Builder into Vendor/Promoter inthe said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby sold, transferred and every part thereof conveyed to and unto and to the use of the Purchasers Allottee/Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Purchaser as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee/Transferee’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Market Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Unit will be used only for commercial purpose and no other.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pur- suance of the said agreement and in consideration of the sum of Rs. /- (Rupees onlyRu- pees ) only by the Purchasers Purchaser to the Builder Vendors and the Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the reimbursement of the consideration paid by the Promoter to the Vendors to the extent apportioned towards the proportionate share in the Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurte- nances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Pur- chaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder re- mainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-quasi- easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Ven- dors do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- 1,03,60,200/= (Rupees onlyOne Crore Three Lac Sixty Thousand Two Hundred ) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same same, both the Promoter and every part thereof doth the Land Owners do hereby acquit release and forever discharge the Purchasers Allottee), the Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, written TOGETHER WITH proportionate undivided indivisible impartible share in the Land comprised in the Premises, as more fully mentioned and Premises Common Elements described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in PART-I of the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) only of the lawful money of the Union of India well and truly paid by the Purchasers Allottee herein to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Allottee and the Said said Unit being hereby conveyedand the Rights and Properties appurtenant thereto) and the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure unto and in favour of the Purchasers ALL THAT Allottee All that the Flat, being Flat No. on the Floor admeasuring an having a carpet area of sq.ft. ( sqm(built up area of sq.ft.) Carpet Area/Saleable area be the same a little more or less on the Floor of the Tower No. of the Commercial complex known as more fully and particularly mentioned and described in PART – the Part-I of the SECOND SCHEDULE Second Schedule hereunder writtenwritten and delineated in the plan annexed hereto, TOGETHER WITH being Annexure "A" duly bordered in RED Together With the undivided indivisible variable proportionate undivided part or share in the Land land beneath the said block/tower attributable thereto comprised in the Premises, said Property more fully and particularly described in the First Schedule hereunder written New Building Together With the right to park of one Parking space in the Ground level being No. of the said Tower of the New Building complex known as _ more fully mentioned and described in the FIRST SCHEDULE Part-II of the Second Schedule hereunder written and attributable to shown and delineated in the Said Unitmap or plan annexed hereto, TOGETHER AND WITH like being Annexure "B" duly bordered in colour GREEN thereon and Together With the undivided proportionate undivided indivisible part or share in the Common Portionscommon areas, common facilities and amenities of the said Tower and the said Property in common with the Vendors, Promoter, Co-Transferees and the other unit owners and the other lawful occupants of the Tower more fully mentioned and particularly described in the THIRD SCHEDULE Third Schedule hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as the Said Unit”SAID UNIT AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), AND TOGETHER ALSO WITH the right absolutely and forever and subject to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion what is provided hereunder, free from all encumbrances, charges, liens, attachments, trusts, whatsoever or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit howsoever 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 said Apartment And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said Apartment and the Rights and Properties Appurtenant thereto hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAllottee.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows: In pursuance of the premises aforesaid said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Vendee to the Builder Vendor paid at or before the execution hereof (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby thereof, both the Vendor and the Vendors do acquit release and forever discharge the Purchasers Vendee and the Said Unit being Apartment hereby conveyed) conveyed and transferred unto and to the Vendee by delivering or hand over of the vacant and peaceful possession of the same simultaneously with the execution of these presents), Vendors doth hereby convey transfer and assure and the Builder do and each of them Vendor doth hereby grant convey sell transfer release assign concur and assure confirm unto and in favour of to the Purchasers Vendee ALL THAT the Flat, being Flat No. on proportionate undivided impartible share in the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully land comprised in the said Land morefully and particularly mentioned and described in PART – the PART- I of the SECOND SCHEDULE A hereunder writtenwritten and hereinafter referred to as “the SAID LAND” attributable to the Apartment AND the Vendor doth hereby convey transfer and assure and the Vendors do hereby concur and confirm unto and to the Vendee ALL THAT the Apartment Flat No. having carpet area of Square Feet, TOGETHER WITH proportionate undivided share including Garage/Parking area, Type- BHK on floor in the Building No. of the Complex at the said Land comprised in And covered car parking space/s on the Premises, as more fully ground floor of the New Building bearing No. / particularly mentioned and described in the FIRST SCHEDULE B hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with the Owners and other Unit persons permitted by the Co-Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND & Owners Association TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit Apartment belonging to the Vendee in common with the other Co-Owners TO HAVE AND TO HOLD the Said Unit Apartment and every part thereof the Appurtenances unto and to the use of the Purchasers Vendee absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Vendee’s acknowledgement of several matters contained herein and the terms, conditions, covenants and agreements hereunder contained and on the part of the Purchasers Vendee to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to TO the Purchasers Vendee paying and discharging all the municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other rates, taxes, proportionate common expenses and other charges and outgoings (including those mentioned in connection with SCHEDULE C hereunder written) relating to the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyApartment.

Appears in 1 contract

Samples: Deed of Sale

NOW THIS INDENTURE WITNESSETH. as follows that in the premises aforesaid Vendor doth hereby admits and in acknowledges the receipt of the consideration money of the sum of Rs. /- Rs.34,00,000 (Rupees Thirty four Lakh only) paid by the Purchasers Purchaser to the Builder paid at or before the execution hereof Vendor (the receipt whereof the Builder Vendor doth hereby as also by the receipt and memo of consideration Memo hereunder written admit admits and acknowledge acknowledges and of and from the payment of the same for ever release, discharge, and every part thereof acquit the Purchaser and the said Flat and premises hereafter conveyed more fully described in the Schedule hereunder written) and the Vendor doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby indefeasibly grant convey sell transfer release sell, convey, transfer, assign and assure unto and in favour of to the Purchasers ALL THAT the Flat, residential flat being Flat Nono. on the Floor admeasuring 3A containing an area of 889 sq.ft. ( sqm(super built up) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I on the 3rd. floor of the SECOND SCHEDULE hereunder writtenbuilding “ NARAYANI SOUTH’ at Premises Xx. 00, Xxxxxx Xxxxxx Xxxx, (Mahinagar) Xxxx no. 20, P.S. Sonarpur, Kolkata TOGETHER WITH proportionate undivided share ways, paths, passages, structures, sheds, buildings and all former and other rights, title, interest, liberties, easements, quasi easement, privileges, appendages and appurtenances whatsoever in the said Plot of Land comprised or in anyway appertaining to or with the Premisessame or any part thereof held used occupied or enjoyed with the same or reputed to belong or be appurtenant thereto all the estates, as more fully mentioned right, title, interest, property, claim and described damages whatsoever both at law or in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II equity of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred Vendor into and upon the said premises hereinbefore granted and conveyed or otherwise expressed or intended so to as “be and every part thereof and the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion revision or reversions revisions remainder or remainders and the rents issues and profits thereto and or every part thereof TOGETHERWITH all deeds, pattahs, muniments, writings land evidences of title, thereto or in anywise exclusively relating to and/or concerning the said plot of land (as mentioned in the schedule hereunder written) hereinbefore granted conveyed or otherwise expressed or intended to be and every part thereof while now are or hereafter shall or may be in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever custody of the Vendors and/or said Vendor or any other person or persons from whom the Builder into said Vendor may procure that same without any action or upon the Said Unit AND TOGETHER WITH all easements suit at law or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit equity TO HAVE AND TO HOLD the Said Unit said Flat and hereinbefore granted and conveyed or otherwise expressed or intended to be and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO and free from all encumbrances whatsoever made or suffered by the Purchasers’ covenants said Vendor and agreements hereunder contained their respective ancestors on title or any person claiming under or on trust for the said Vendor doth hereby covenant with the Purchasers THAT NOTWITHSTANDING any act, deed, matter or things by the said Vendors or any of their respective ancestor in title of or otherwise hereinbefore granted and on conveyed or otherwise expressed or intended to be and every part thereof for a perfect and indefeasible estate of inheritance, free from all encumbrances whatsoever, without any manner or condition use of trust or other things whatsoever to alter defect, encumber and/or make void the same AND NOTWITHSTANDING and such act, deed, matter or thing whatsoever as aforesaid the said Vendor have now as his/her full right full power and absolute authority to grant convey, transfer, assure and assign the said premises and every part thereof hereinbefore granted leased conveyed or other expressed or intended to be unto and to the use of the Purchasers herein in manner aforesaid and the Purchasers shall and all times hereafter peaceably and quietly hold, possess and enjoy the said Flat and every part thereof and receive the rents issues and profits thereof without any lawful eviction interruption claim or demand whatsoever from or by the said Vendor or any of their ancestors in title or any person/persons having or lawfully and equitably claiming any estate or interest in the said Flat from under or in trust for the said Vendor (or any of their respect ancestors in title) and that free and clear and freely and clearly an absolutely acquired exonerated discharged saved harmless and kept indemnified against all estates and all manner of mortgages, charges, liens, lispendenses, liabilities, and encumbrances, whatsoever, if any, created by the said Vendor or any of the ancestors in title or any person or persons having or lawfully and equitably claiming any estate or interest in the said Flat from under or in trust for the said Vendor or any of their ancestors in title and the said Vendor and all persons having lawfully and equitably claiming any estate or interest in the said Flat or any part thereof from under or in trust for the said Vendor or any of their ancestors in title shall and will from time to time and at all times hereafter at the request and cost of the Purchasers or any person or persons claiming through them do and execute or cause to be observed fulfilled done and performed executed all such acts, deeds, matters and things for further better and more perfectly assuring the said Premises and every part thereof unto the use of the Purchasers unto the manner aforesaid as shall or may be reasonably required. The said Vendors further covenants with the Purchasers that the said Flat (including the restrictions terms conditions covenants and obligations set forth as mentioned in the FIFTH SCHEDULE schedule hereunder written written) is not been mortgaged with any Bank or any Non Banking Financial Institutions and that no money or monies has been taken in lieu of the Said Sale Agreement) said Flat or any part thereof by either of the Vendor. AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of sumof Rs. /- (Rupees only/-(Rupeesonly) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the THATthe Flat, being Flat No. on the Floor No.on theFloor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , ,in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.. S ECTION – III # VENDORS’ AND BUILDER’S COVENANTS:

Appears in 1 contract

Samples: 202.61.117.163

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NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that in pursuance to the premises aforesaid Agreement and in consideration of the said sum of Rs. /- (Rupees only) only paid by the Purchasers Purchaser to the Builder paid at or before the execution hereof (Owners herein, the receipt whereof the Builder Owners herein doth hereby as and also by the receipt and memo of consideration hereunder written admit and acknowledge to have received and of and from the payment of the same and every part thereof thereof, the Owners/Vendors herein doth hereby release acquit release exonerate and forever discharge the Purchasers Purchaser and the Said Unit being Property hereby conveyed) the Vendors conveyed and the Builder do and each of them Owners doth hereby grant convey sell transfer release grant, sell, convey, transfer, assign and assure unto and in favour to the use of the Purchasers Purchaser ALL THAT the Flat, being Flat one Residential Unit No. on the Floor admeasuring an area floor measuring about Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Sq. Ft. Super Built Up Area and right/amenities to use covered car parking space on the ground floor for parking of sq.ftmedium sized car at Premises Xx. ( sqm) Carpet Area/Saleable area as 00X, Xxxxxxxxxx Xxxxxxxx Xxxx, X.X. Behala, Kolkata 700 053, Xxxx No. 117, District 24 Parganas (South), more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, written TOGETHER WITH proportionate undivided share in right to use the Land comprised in the Premisescommon parts, portions, areas and facilities as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written but subject to observing and attributable performing the terms, conditions, covenants and restrictions as contained in the FOURTH SCHEDULE hereunder written and also subject to making payment of proportionate cost charges and expenses as mentioned in the FIFTH SCHEDULE hereunder written and all rights, lights, liberties, easements, privileges, appendages, paths, passages, drains, sewers, water courses, structures, fixtures, tenements, premises and hereditaments belongings to or in any way appertaining to the Said Unit, AND TOGETHER WITH Property and every part thereof or usually held or enjoyed therewith unto and to the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II use of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “Purchaser herein absolutely and forever and the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions reversions, remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all Property and the estate right title interest property claim and demand whatsoever Owners/Vendors doth hereby deliver possession of the said property unto the Purchaser and the Owners/Vendors doth hereby covenant with the Purchaser that NOTWITHSTANDING any act, deed, matter or thing by the Owners/Vendors and/or their/its predecessor-in- interest done, omitted, executed or knowingly or willingly permitted or suffered or has been party to any act or contract to the Builder into or upon contrary, the Owners/Vendors hath good right, full power and absolute authority and indefeasible right, title and interest to grant, sell, transfer, convey, assign and assure the Said Unit 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 TO HAVE AND TO HOLD the Said Unit Property and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS forever. THAT the Owners/Vendors doth hereby further covenant with the Purchaser that the Said Property hereby granted, sold, transferred, conveyed, assigned or expressed or intended so to be and every part thereof is free from all encumbrances, attachments, liens, charges, lispendences and trusts whatsoever and howsoever without any manner or condition, use trust encumbrance or other things whatsoever to alter defeat encumber or make void the same and the Purchaser shall and will at all times hereafter possess and enjoy the Said Property and shall be entitled to claim, demand and shall receive all rents issues and profits thereof and there from without any lawful eviction, interruption or interference claims, demands whatsoever or howsoever from or by the Owners/Vendors or any other person or persons lawfully or equitably claiming through under or in trust for the Owners/Vendors and further that the Owners/Vendors shall and will at all times and from time to time hereafter at the request and costs of the Purchaser make, do, acknowledge, execute and register or cause to be made, done, acknowledged, executed and registered all such other and further acts deeds matters and things for further better and more perfectly assuring the Said Property and every part thereof unto and to the use of the Purchaser and the Owners/Vendors shall and will at all times hereafter indemnify save and keep the Purchaser indemnified against all actions, losses, claims, demands, liens, charges, lispendences, attachments, whatsoever or howsoever in respect of the Said Property in these presents. THE FIRST SCHEDULE ABOVE REFERRED TO (THE SAID LAND) ALL THAT piece or parcel of revenue paying land by ad-measurement containing an area of about 21 Cottahs 02 Chittaks and 20 Square feet a little more or less together with structures standing thereon lying and situate at and being portion of Municipal Premises no. 30, Tollygunge Circular Road, (renumbered as Premises No. 54, Tollygunge Circular Road) in MouzaPunjaSahapur, X.X. No. 9, under X.X. Xxxxxxx No. 823, C.S. & R.S. Dag No. 529, P.S. Behala, South Suburban Municipality, District 24 Parganas, now within the Purchasers’ covenants and agreements hereunder contained local limits of the Kolkata Municipal Corporation, Kolkata 700 053, Xxxx No. 117, District 24 Parganas (South) and on amalgamation being renumbered as Premises No. 54A, Tollygunge Circular Road, P.S. Behala, Kolkata 700 053, Xxxx No. 117, District 24 Parganas (South), Assessee No. 411171400550and butted and bounded in the part following manner:- On The North : By Tollygunge Circular Road. On The South : By Premises No. 86, X.X. Xxxx Road/by the Land comprised in C.S. Dag No. 526. On The East : By Premises No. 44, Tollygunge Circular Road/by the Land comprised in C.S. Dag No. 530, 534 and 535 and partly by land comprised in C.S. Dag No. 536. On The West : By Premises No. 53, Tollygunge Circular Road. THE SECOND SCHEDULE ABOVE REFERRED TO (THE SAID PROPERTY) ALL THAT piece and parcel of Unit No. measuring an area of Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Sq. Ft. Super Built Up Area on the Floor of the Purchasers said building lying and situate at Premises No. 54A, Tollygunge Circular Road, P.S. Behala, Kolkata 700 053, Xxxx No. 117, District 24 Parganas (South), together with right to be observed fulfilled use common parts, portions, areas and performed (including facilities and right/amenities to use covered car parking spaces on the restrictions terms conditions covenants ground floor of the said building. The said unit and obligations set forth car parking space has been shown and delineated in the FIFTH map or plan annexed hereto and bordered “RED” thereon. THE THIRD SCHEDULE hereunder written and the Said Sale Agreement) ABOVE REFERRED TO (COMMON PARTS AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.FACILITIES)

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the reimbursement of the consideration paid by the Promoter to the Vendors to the extent apportioned towards the proportionate share in the Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat Nono. on the Floor admeasuring an area floor of sq.ftBlock No. ( sqm) Carpet Area/Saleable area as more fully alongwith the Car parking space morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendors do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in I. TRANSFER: In consideration of the sum of Rs. /- (Rupees only) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly amount mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written, which has been confirmed by Chief Executive Officer, Burdwan Development Authority vide his Memo No. 102/II-37(Part-7)/BDA dated 07/01/2016 and Memo No. 3358/II-37(Part- 7)/BDA dated 08/12/2016 and Memo No. 2271/II-37/BDA dated 11/07/2017, the entirety whereof has been paid by the Transferee to the Transferor at or before execution hereof, the receipt whereof the Transferor do hereby and by the Memo of Consideration hereunder written admit, acknowledge and confirm, and by virtue of the powers conferred under the Head Lease, the Transferor doth hereby absolutely and forever SELL unto the Transferee, which the Transferee doth hereby accept, ALL THAT the "Said Property" more particularly described in PART-I of the EIGHTH SCHEDULE hereunder written and attributable to ASSIGNS unto the Said UnitTransferee, AND TOGETHER WITH which the right to park one car Transferee hereby accepts, ALL THAT the "Appurtenant Land", out of the Project Land, more particularly described in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – Part-II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred EIGHTH SCHEDULE hereunder written to as “HAVE AND HOLD both the Said Unit”)Property and the Apartment Land for the residue period of the Head Lease as also its renewals, AND if any, with the entitlement of renewals as contained in the Head Lease, yielding and paying during the term of this Assignment, the rent as mentioned in the FOURTH SCHEDULE hereunder written and hereafter called the "Said Rent", to be revised upwards every 5 (five) years as contained in the Head Lease without any deductions of whatsoever nature and/or kind TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners portions of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth Satellite Township more fully described in the FIFTH SCHEDULE hereunder written and hereafter called the "Township Common Portions", in common with the other owners and/or occupiers of the Satellite Township, TOGETHER WITH the right to use and enjoy the common portions of the Said Sale Agreement) AND ALSO SUBJECT Zone more fully described in the SIXTH SCHEDULE hereunder written and hereafter called the "Zonal Common Portions", in common with the other owners and/or occupiers of the other Apartments in the Said Zone, TOGETHER WITH the right to use and enjoy the common portions of the Said Tower more fully described in the SEVENTH SCHEDULE hereunder written and hereafter called the "Tower Common Portions", in common with the other owners and/or occupiers of the other Apartments in the Said Tower, free from all encumbrances, trusts, liens, lis- pendenses and/or attachments whatsoever the Said Property hereby sold and the Appurtenant Land hereby assigned and all the benefits and rights hereby granted and/or being transferred in the manner aforesaid to the Purchasers Transferee, SUBJECT HOWEVER to the observance and performance by the Transferee of all the covenants, stipulations, restrictions, and/or obligations of the Transferor under the Head Lease, all of which shall be and be deemed to be covenants running with the Said Property AND SUBJECT FURTHER to the observance and performance by the Transferee of the terms and conditions of the management, administration and/or maintenance of the Township Common Portions, the Zonal Common Portions and the Tower Common Portions AND SUBJECT FURTHER to the Transferee paying and discharging all municipal existing and other rates taxes and impositions on future rates, taxes, impositions, outgoings etc. in respect of the Said Unit whollyProperty on and from the date of its possession and/or the deemed date of possession, as the case may be, wholly with respect to the Said Property and proportionately with respect to the Tower Common Portions, the Zonal Common Portions and the Township Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPortions.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser(s) to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Purchaser(s) and the Said Unit being hereby conveyedsaid Apartment) the Vendors and the Builder Owners do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure and the Promoter doth hereby confirm and assure unto and in favour of the Purchasers ALL THAT Purchaser(s) All That the Flat, being Flat Apartment No. containing a carpet area of sq. ft., type BHK, WITH Exclusive balcony area of sq feet, WITH Exclusive Right to use the Open Terrace adjoining the said Apartment containing an area of Square Feet , be the same a little more or less on the Floor admeasuring an area of sq.ftthe Project to be known as “ZENITH” shown and delineated in the map or plan annexed hereto, being Annexure "A" duly bordered in colour RED together with right to park car at the covered parking space in the ground floor level being no. ( sqm) Carpet Area/Saleable area situated within the said Project shown and delineated in the map or plan annexed hereto, being Annexure "B" duly bordered in colour GREEN thereon, hereinafter collectively referred to as the “said Apartment”, more fully and particularly mentioned and described in PART – the Part I of the SECOND SCHEDULE Second Schedule hereunder written, TOGETHER written and WITH proportionate undivided pro rata share in the Land comprised common areas of the said Project along with the right to enjoy the Common Areas more fully and collectively mentioned in the PremisesThird Schedule hereto, as more fully mentioned absolutely and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitforever free from all encumbrances, TOGETHER AND WITH like proportionate undivided share in the Common Portionscharges, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitliens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. use the common areas, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions common installations in common with the Owners/Promoter, Co-Transferees and the other Unit Owners and the other lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit Complex/Project 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 said Apartment TO HAVE AND TO HOLD the Said Unit said Apartment hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser(s).

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) ___ _ _ _ __ for Apartment/Flat No. _________ along with one car parking paid by the Purchasers Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Purchaser and the said Apartment/Flat No. ______ admeasuring sq. ft. (Carpet Area) situated on the ______ floor and one car parking admeasuring __ sq. ft., the Vendor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to and unto and the Purchaser all that the Apartment/Flat No admeasuring _____ _ sq. ft. (Carpet Area) on the ______ Floor, (“the said Apartment/Flat”) morefully described in favour Part I of the Purchasers ALL THAT Second Schedule in the Flatbuilding together with one car parking admeasuring sq. ft on the ground floor more fully described in Part II of the Second Schedule hereunder written together with undivided proportionate share or interest in the land together with undivided proportionate share or interest in the common areas, being facilities and amenities of the said Building morefully described in Part-I of the Third Schedule hereunder written together with the common areas, facilities and amenities of the subject to the terms, conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis-pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the said Apartment/Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written_____, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. parking, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or Vendor/Promoter in the Builder into said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby sold, transferred and every part thereof conveyed to and unto and to the use of the Purchasers Allottee/Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Purchaser as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee/Transferee’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Residential cum Commercial Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Apartment/Flat will be used only for residential purpose and no other.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that I. That in the premises premise aforesaid and in consideration of the sum of Rs. /- for the Said Flat/Unit along with car parking (Rupees onlyif any) paid by the Purchasers Purchaser to the Builder paid at Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder doth Promoter hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof doth do hereby acquit acquit, release and forever discharge the Purchasers Purchaser and the Said Unit being Flat/Unit, the Promoter hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to and unto and in favour of the Purchasers ALL THAT Purchaser the Said Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and Unit morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Second Schedule together with car parking (if any) admeasuring square feet in the Land comprised Said Complex morefully described in Part II of the Second Schedule hereunder written together with undivided proportionate share or interest in the Premisesland together with undivided proportionate share or interest in the common areas, as more fully mentioned facilities and amenities of the said Building morefully described in Part-I of the FIRST SCHEDULE Third Schedule hereunder written together with the common areas, facilities and attributable amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in the Common Portionsconditions and provisions contained herein but otherwise free from all encumbrances, fully mentioned charges, liens, lis-pendens, trust, execution and described in the THIRD SCHEDULE hereunder written attachment/acquisition/requisition proceedings and attributable to all other liabilities whatsoever (the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space Flat/Unit No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically car parking space and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said UnitFlat and Appurtenances), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or the Builder into or upon Vendor/Promoter in the Said Unit AND TOGETHER WITH all easements Flat and Appurtenances or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit any part or parcel thereof TO HAVE AND TO HOLD the Said Unit Flat and every part thereof Appurtenances hereby sold, transferred and conveyed to and unto and to the use of the Purchasers Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Purchaser as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Purchaser/s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, Flat and Appurtenances wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit Flat and Appurtenances wholly and the Premises said residential complex proportionately and in particular subject to the Common Portions proportionately.condition that the Said Flat/Unit will be used only for residential purpose purpose and no other II. AND THE PROMOTER AND THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER as follows:-

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, written TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said agreement and in consideration of the said sum of Rs. /- (Rupees only) only being the full consideration money of the said flat, well and truly paid by the Purchasers Purchaser to the Builder paid at Developer, on or before the execution hereof of this deed, the value of the proportionate share of land has been appropriated by the Developer to the Owners by way of Owners’ allocation inconformity with the said Agreement for Development, (the receipt whereof whereof, the Builder Developer doth hereby admit and acknowledge the same as also by the receipt and per memo of consideration hereunder written admit and acknowledge and of and from the payment of the same same, the Owners and every part thereof doth Developer do hereby acquit acquit, release and forever discharge the Purchasers Purchaser and the Said Unit being said flat with undivided proportionate share in the land and the common areas hereby conveyedsold) the Vendors Owners and the Builder Developer do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, sell, assign and assure unto and the Purchaser ALL THAT undivided proportionate share in favour the land attributable to the said flat comprised in Municipal K.M.C. Premises Xx. 00 Xxxx Xxxxxxxx Xxxx falling within Xxxx Xx.000, Xxxxxxx-XXX, Xxxxxxx – 000000 under P.S. – Garfa, Dist. 24- Parganas (South) more fully described in the First Schedule hereunder written, together with the said self contained flat, being flat No. 2A, on the Second floor, containing by admeasuring 491 sq.ft. of carpet area more or less of the Purchasers ALL THAT building of the Flatsaid building, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE second Schedule hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim rights, appurtenances thereto and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or easements, quasi-easements and other stipulations and or provisions in connection with the beneficial use and enjoyment of the Said Unit said flat with right to use the staircase, electrical installations, common areas, lobbies roof landing pump space, septic tank, open side space, passage, main gate, boundary wall, and other privileges etc. of the said building and other common areas in common with the Owners and occupiers of the other flats of the said building for the purpose of uninterrupted access to and from the main Municipal road or otherwise fully described in the Third Schedule hereunder written, belonging to or in anywise appertaining thereto or usually held, used, enjoyed and occupied therewith or reputed to belong or be appurtenant thereto and the reversion or reversions, remainder or remainders and all the rents, issues and profits thereof AND all the estate, right, title, interest, claim, and demand whatsoever both at law and in equity of the Owners into or upon the said flat and undivided proportionate share in the said land and every part thereof TO HAVE AND TO HOLD the Said Unit said undivided proportionate share in the land and every part thereof the said flat so to be unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging free from all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, encumbrances. THE OWNERS & DEVELOPER DO HEREBY COVENANT WITH THE PURCHASER as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in pursuant to the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (( Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Allottee to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Allottee and the Said Unit being hereby conveyed) said Row House/Bungalow and properties appurtenant thereto the Vendors and the Builder do doth and each of them do hereby grant, transfer, convey, assign and assure and the Promoter doth hereby grant convey sell transfer release assign confirm and assure unto and in favour of the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an THE two storied (G+1) or three storied (G+2) Row House / Bungalow no…………..having carpet area of sq.ft. ( sqm) Carpet Area/Saleable square feet corresponding to Built-up area as of square feet more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE SCHEDULE- B hereunder written and attributable demarcated in the Block Plan annexed hereto and marked ANNEX-A and pro rata share (in the “common areas” (user right only since Common Area will be conveyed to Association) common parts, portions, facilities and amenities and also user right in the land beneath the building as defined under clause ( n) of section 2 of the Act which includes exclusive use of the Balcony admeasuring Sq.Ft and also exclusive use of the front yard open area(which includes Car Parking Area) admeasuring Sq.Ft and the backyard area admeasuriung Sq.Ft and the Roof admeasuring Sq.Ft. and Additional Backyard admeasuring Sq.Ft appertaining to the Said UnitUnit all of which are here to fore as well as hereinafter collectively referred to as the SAID ROW HOUSE/BUNGALOW AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), TOGETHER AND WITH like proportionate undivided share in the Common Portionsabsolutely and forever free from all encumbrances, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitcharges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car use the common areas installations and facilities as described in Car Parking Space No. , detail in the as allotted in Schedule-E to the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Agreement for Sale dated in common with the other Unit Row Houses/Bungalow Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 said Row House/Bungalow And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said Row House/Bungalow and the Rights and Properties Appurtenant thereto hereby granted, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAllottee.

Appears in 1 contract

Samples: Conveyance Deed

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) for Apartment/Flat No. along with one car parking paid by the Purchasers Allottee/Transferee to the Builder paid at Transferor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Transferor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Allottee/Transferee and the said Apartment/Flat No. admeasuring sq. ft. (Carpet Area) situated on the floor and one car parking admeasuring sq. ft., the Transferor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to and unto and in favour of the Purchasers ALL THAT Allottee/Transferee all that the Flat, being Apartment/Flat No. admeasuring sq. ft. (Carpet Area) on the Floor admeasuring an area of sq.ft. ( sqmFloor, (“the said Apartment/Flat”) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Second Schedule in the Land comprised building together with one car parking admeasuring sq. ft on the ground floor more fully described in Part II of the Second Schedule hereunder written together with undivided proportionate share or interest in the Premisesland together with undivided proportionate share or interest in the common areas, as more fully mentioned facilities and amenities of the said Building morefully described in Part-I of the FIRST SCHEDULE Third Schedule hereunder written together with the common areas, facilities and attributable amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis-pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space said Apartment/Flat No. , in the as allotted in the Said Vehicle Parking Space at the Premisesone car parking, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or Transferor/Promoter in the Builder into said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby transferred to and every part thereof unto and to the use of the Purchasers absolutely and forever Allottee/Transferee the leasehold rights for a period of 99 (ninety nine) years with the right of renewal for a further period of 99 (ninety nine) years AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Allottee/Transferee as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee/Transferee’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Residential cum Commercial Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Apartment/Flat will be used only for residential purpose and no other.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid and said Agreement for Sale dated , in consideration of the said sum of Rs. /- (Rupees only) only of which the entire consideration of Rs. /- (Rupees ) only paid by the Purchasers PURCHASER to the Builder paid at CONFIRMING PARTY/DEVELOPER on or before execution of this Deed only on different dates as described in the execution hereof Memo of Consideration of which receipts have been issued totalling Rs. /- (Rupees ) only and the receipt whereof the Builder doth PROMOTER/DEVELOPER hereby as also by the receipt acknowledges and memo of consideration hereunder written admit and acknowledge and of and from the payment of admits and/or for the same and every part thereof doth hereby both truly acquit release and forever discharge the Purchasers PURCHASER of all his liabilities thereof and it is noted that the entire consideration money of Rs. /- (Rupees ) only against the said flat and Car Parking have been received by the DEVELOPER/ CONFIRMING PARTY and both the VENDOR and the Said Unit being CONFIRMING PARTY/DEVELOPER as beneficial owners and party respectively do hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and grant, convey, transfer, assigns, assure unto and in favour of the Purchasers said PURCHASER free from all encumbrances ALL THAT the undivided proportionate share of interest in the said land morefully and more particularly described in the SCHEDULE “A” hereunder written together with a complete Apartment/Flat, being Flat /Unit No. ___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of ____ Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the building and the flat is consisting of Bed rooms, 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor admeasuring of the said building measuring an area of sq.ft120 (One hundred and Twenty) Sq.ft. ( sqm) Carpet Area/Saleable area more or less as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE “B” below and undivided proportionate share of land as mentioned in the SCHEDULE “A” hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space constructed at the Premises, if so categorically sold cost and purchased under these presents and as more fully mentioned in PART – II expenses of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “PURCHASER TO HAVE AND TO HOLD the Said Unit”), AND TOGETHER ALSO WITH the said Flat togetherwith right to use the undivided share of land, staircases, common- land, roof of the building, water supply lines and enjoy other common paths and drains and sewerages, equipments and installation and fixture and passages and stair appertaining to the Common Portions said building situated at K.M.C. Premises No. 2007, Nayabad, within Xxxx No. 109, under Police Station - Purba Jadavpur, Kolkata – 700 099, District – South 24- Parganas, as mentioned in common the SCHEDULE “B” AND “C” hereunder written herein comprised and hereby granted conveyed, transferred, assigned and assured and every part or parts thereof respectively together with there and every or their respective rights and appurtenance whatsoever unto the said PURCHASER absolutely and forever free from all encumbrances, trust, liens and attachments whatsoever ALL TOGETHER with the other Unit Owners benefit belonging to and attached therewith the covenant for production of the Building AND reversion all previous title deeds relating to the said land/building subject NEVERTHELESS to easement or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions provision in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD said complete Flat No. situated on the Said Unit and every part thereof unto and to the use ______ Floor, side of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO building together with right to park 1 (One) medium sized motor car of the Purchasers’ covenants and agreements hereunder contained and covered Car Parking Space No. on the part Ground Floor of the Purchasers said building and right to be observed fulfilled use all common rights and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, proportionate land share as more fully and particularly mentioned and morefully described in the FOURTH SCHEDULE “B” AND “C” hereunder written proportionatelywritten. AND IT IS XXXXXX AGREED AMONG THE OWNER/VENDOR, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.PROMOTER/DEVELOPER /CONFIRMING PARTY AND THE PURCHASER :-

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees only) of lawful money of Union of India well and truly paid by the Purchasers Purchaser/Allottee to the Builder paid Owner/Vendor who is also Promoter/Developer herein at or before the execution hereof of these presents (the receipt whereof the Builder Owner/Vendor who is also Promoter/Developer herein doth hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge acknowledges and of and from the payment of the same and every part thereof and the Owner/Vendor who is also Promoter/Developer herein doth hereby acquit release and forever for ever discharge the Purchasers Purchaser and the Said Unit being undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat and car parking spaces hereby conveyedgranted conveyed and sold) the Vendors and the Builder do and each of them Owner/Vendor who is also Promoter/Developer herein doth hereby absolutely and indefeasibly grant convey sell transfer release assign and assure unto and in favour of the Purchasers SAID FLAT & CAR PARKING SPACE being ALL THAT the Flat, That One self-contained Residential BHK Flat being Flat No. , measuring a carpet area of Sq.ft. more or less, with balcony area admeasuring Sq.ft. (Chargeable area Sq.ft. more or less) being built up area admeasuring Sq.ft. and (Super Built up area Sq.ft. more or less) on the Floor together with One car parking space admeasuring an area of sq.ft135 Sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I feet on the Ground Floor of the SECOND SCHEDULE hereunder writtensaid building namely “XXXXXXXXX situate lying at and being Plot No. CE/1/B/36, TOGETHER WITH proportionate undivided share in Street No. 220, in Block No. CE, Land – CE/1, Action Area – 1C, situated in the Land comprised in New Town, Police Station Rajarhat at present New Town, District - North 24-Parganas under Mahishbathan Gram Panchayat now within the Premisesjurisdiction New Town Kolkata Development Authority, as more fully mentioned together with undivided proportionate share interest and ownership of the land of Said Property, described in the FIRST SCHEDULE First Schedule, written hereunder written and attributable to also together with all common areas, facilities and amenities of the said G+ IV storied building namely “XXXXXXXXX” constructed on the Said UnitProperty together with common right and easement over and in respect of the common areas of the building including staircase together with underground and overhead water reservoir, TOGETHER AND WITH like proportionate undivided share in pump room, sewerage, drains, water pipes, water lines, passages, paths and other areas of common use and enjoyment of the Common Portions, said building namely “XXXXXXXXX” fully mentioned and described in the THIRD SCHEDULE Second Schedule hereunder written now available and attributable to become available in future to the Said Unit, AND TOGETHER WITH the right to park one car Purchaser in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II respect of the within mentioned SECOND SCHEDULE, said land and the said flat (all the above, hereinafter collectively referred to as `the said Flat and parking Space') TOGETHER WITH the rights to have the said Flat and parking Space completely built and constructed by the Owner/Vendor who is also Promoter/Developer herein at the costs of the Purchaser AND TOGETHER WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the Said Unit”), AND TOGETHER ALSO WITH the right to use Flat and enjoy the Common Portions Car Parking Space or any part or parts thereof belonging or in common anywise appertaining or which with the other Unit Owners of same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the Building AND reversion or reversions remainder or remainders and A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Owner/Vendor who is also Promoter/Developer into and upon the said Flat and parking Space or any part or parts thereof TOGETHER WITH true and correct copies of all deeds pottahs muniments writings and evidences of title relating to the said Flat and parking Space or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Owner/Vendor who is also Promoter/Developer or which the Owner/Vendor who is also Promoter/Developer can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said Flat and parking Space AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchaser absolutely and for ever and free from all encumbrances. AND the Owner/Vendor who is also Promoter/Developer doth hereby covenant with the Purchaser/Allottee (1) THAT notwithstanding any act deed matter or thing by the Owner/Vendor who is also Promoter/Developer done or executed or suffered to the contrary, the Owner/Vendor who is also Promoter/Developer is absolutely seized and possessed of or otherwise well and sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said Flat and parking Space and every part thereof AND (2) THAT notwithstanding as aforesaid the Owner/Vendor who is also Promoter/Developer now hath in himself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said Flat and parking Space hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchaser in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchaser shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said Flat and parking Space hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Owner/Vendor who is also Promoter/Developer and all person claiming from under or in trust for the Owner/Vendor who is also Promoter/Developer AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Owner/Vendor who is also Promoter/Developer well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and in connection with other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Said Unit Owner/Vendor who is also Promoter/Developer AND (5) THAT the Owner/Vendor who is also Promoter/Developer and all the persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said Flat and parking Space hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be or any part thereof from through under or in trust for the Owner/Vendor who is also Promoter/Developer or any other person or persons as aforesaid shall and will from time to time and at all times hereafter at the request and cost of the Vendors and/or Purchaser do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements said Flat and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit parking Space and every part or parcel thereof unto and to the use of the Purchasers absolutely Purchaser as shall or may be reasonably required. A N D the parties hereto agree and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in I. TRANSFER: In consideration of the sum of Rs. /- (Rupees only) by Consideration, the Purchasers to the Builder paid at or before the execution hereof (the receipt amount whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and is mentioned in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in which has been confirmed by Chief Executive Officer, Burdwan Development Authority vide his Memo No. 102/II-37(Part-7)/BDA dated 07/01/2016 and Memo No. 3358/II-37(Part-7)/BDA dated 08/12/2016 and Memo No. 2271/II-37/BDA dated 11/07/2017, the Land comprised in entirety whereof has been paid by the PremisesTransferee to the Transferor at or before execution hereof and the receipt whereof the Transferor do hereby and by the Memo of Consideration hereunder written admit, as acknowledge and confirm, and by virtue of the powers conferred under the Head Lease, the Transferor doth hereby ASSIGN unto the Transferee, which assignment the Transferee hereby accepts, ALL THAT the "Said PLOT Land", out of the Project Land, more fully mentioned and particularly described in the FIRST FIFTH SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners portions of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as Satellite Township more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelyand hereafter called the "Township Common Portions", in common with the other owners and/or occupiers of the Satellite Township and to HAVE AND HOLD the Said Plot for the residue period of the Head Lease as also its renewals, if any, with the entitlement of renewals as contained in the Head Lease, yielding and paying the rent of as mentioned in the THIRD SCHEDULE hereunder written and hereafter called the "Said Rent", to be revised upwards every 5 (five) years as contained in the Head Lease without any deductions of whatsoever nature and/or kind free from all encumbrances, trusts, liens, lis-pendens and attachments whatsoever and all benefits and rights hereby granted to the Transferee, TOGETHER WITH the right undertake the specific used as described in the SIXTH SCHEDULE and to make constructions at its own costs and expenses at the Said Plot SUBJECT HOWEVER that the constructions to be made at the Said Plot should be in compliance with all the rules and regulations of the LUDCP and in accordance with the plans as approved by BDA and sanctioned by all the concerned authorities SUBJECT FURTHER HOWEVER to the observance and performance by the Transferee of all the covenants, stipulations, restrictions, and obligations of the Head Lease all other outgoings in connection of which shall be and be deemed to be covenants running with the Said Unit wholly Plot AND SUBJECT FURTHER to the observance and performance by the Premises Transferee of all the terms and in particular conditions of the management, administration and maintenance of the Township Common Portions proportionatelyAND SUBJECT FURTHER to the Transferee paying and discharging all existing and future rates, taxes, impositions, outgoings etc. in respect of the Said Plot from the date of its possession and/or the deemed date of possession, as the case may be, wholly with respect to the Said Plot and proportionately with respect to the Township Common Portions.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (Rupees onlyOnly) by the Purchasers paid on or before execution of these presents to the Builder paid at or before the execution hereof Landowner/Developer (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers purchaser as also the said Unit intended to be transferred and/or assigned) the Landowners and the Said Unit being Developer do hereby conveyed) the Vendors and the Builder do and each of them doth hereby sell transfer grant convey sell transfer release assign and assure unto and in favour of the Purchasers purchaser ALL THAT the Flat, Residential Flat being Flat Unit No. containing a super built-up area of Square feet more or less (out of the Landowners’/Developers’ allocation) on the Floor admeasuring an area of sq.ftfloor in Block - TOGETHER WITH proportionate share in the land underneath the building comprised in Premises no. ( sqm) Carpet Area/Saleable area 000/0, X.X. Xxxx, Xxxxx- Xxxxxxxxxx, Dag Xx. 000, Xxxxxxx Xx. 0000, Xxxx 3, Xxxx Xx. 00, xx Xxxxxxxxx Xxxxxxxxxxxx, X.X. Xxxxxxxxx, Xxxxxxx– 700 108 (hereinafter referred to as more fully the said UNIT and particularly mentioned and morefully described in PART – I of the SECOND SCHEDULE hereunder written, ) free from all encumbrances whatsoever TOGETHER WITH proportionate undivided share the right to use in common all the Land comprised in the Premises, as Common Areas and Installations more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written with other co-owners/occupiers of the said Property SUBJECT TO regular and attributable to punctual payment of the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , maintenance and service charges and other costs and expenses as mentioned in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), FOURTH SCHEDULE hereunder written AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH SUBJECT TO all easements or and/or quasi-easements and other stipulations and provisions in connection with for the beneficial use and enjoyment of the Said said Unit TO HAVE as mentioned in the FIFTH SCHEDULE hereunder written AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ purchaser observing and performing the covenants and agreements as contained in the SIXTH SCHEDULE hereunder contained written and on the part of the Purchasers purchaser to be observed fulfilled and performed (including AND SUBJECT TO the restrictions terms conditions covenants purchaser regularly and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers punctually paying and discharging all municipal and other rates taxes and impositions outgoings whatsoever on account and in respect of the Said Unit wholly, said Unit. AND THE LANDOWNERS AND DEVELOPER do hereby declare and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection covenant with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.PURCHASER as follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them Promoter doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations described in the THIRD SCHEDULE in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said agreement and in consideration of the total sum of Rs. _ /- (( Rupees _ _only) paid by or on behalf of the Purchasers purchaser to the Builder paid vendor herein at or before the execution hereof of these presents, (the receipt whereof of which the Builder doth vendor herein do hereby as also by the receipt and memo of consideration hereunder written admit grant and acknowledge and of and from the payment of the same and every part thereof doth hereby release, discharge and acquit release the purchaser and forever discharge the Purchasers his heirs, executors, administrators, legal representatives and the Said Unit being hereby conveyedassigns) the Vendors and the Builder vendor do and each of them doth hereby grant convey sell transfer release grant, conveyed, sell, transfer, assign and assure unto and the purchaser all that the apartment no. _ _ __ having carpet area of _ square feet, type _, on _ floor in favour [tower/block/building] no. _ (“Building”) along with garage/closed parking no. _ _ admeasuring _ _ square feet in the _ [Please insert the location of the Purchasers ALL THAT garage/closed parking], as permissible under the Flatapplicable law and of pro rata share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the “Apartment” more particularly described in Schedule A and the floor plan of the apartment is annexed hereto and marked as Schedule B), with right to free use of the staircase with undivided proportionate right in the land underneath with proportionate right in the common areas and facilities at the said premises being Flat Holding Xx. 00, Xxxxxxx Xxxxxxx Road, Police Station – Golabari Xxxx No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully 14 under Howrah Municipal Corporation and particularly mentioned and District : Howrah, morefully described in PART – I of the SECOND SCHEDULE First Schedule hereunder written, TOGETHER WITH proportionate undivided share as shown and delineated in the Land comprised in the Premisesmap or plan annexed herewith as part hereof bordered with Red or Howsoever all structures, as more fully mentioned paths and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitpassages, TOGETHER AND WITH like proportionate undivided share in the Common Portionsdrains, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitsewers, AND TOGETHER WITH the right to park one car in Car Parking Space No. water, in the as allotted in the Said Vehicle Parking Space at the Premiseswater courses, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II electric installations, sanitary fittings, lights, liberties, privileges, easement right, space or places of the within mentioned SECOND SCHEDULEcommon use, (all hereinafter collectively referred to as “the Said Unit”)common facilities appurtenances, AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion appertaining thereof or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit any part thereof AND all the estate right title interest property that rights, title, claim and or demand whatsoever of the Vendors and/or the Builder vendor herein into or upon the Said Unit same and every right thereof together with all deeds, pattahs, muniments of title whatsoever which are in the possession, custody or power of vendors or any other person or persons from whom the same may be recovered without any action suit TO HAVE AND TOGETHER WITH TO HOLD the same unto the purchaser absolutely and forever free from all easements or quasi-easements encumbrances. The Vendor by virtue of the instant deed of indenture hereby sells, transfers and conveys all ownership right of title and interest in the land along with all easement, quasi- easement rights, other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations said property as set forth out in the FIFTH SCHEDULE fourth Schedule hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection written. The vendor doth hereby covenant with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.purchaser as follows:

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH. that I. A) That in the premises premise aforesaid and in consideration of the sum of Rs. /- (Rupees only) for Apartment/Flat No. _ along with one car parking paid by the Purchasers Purchaser to the Builder paid at Vendor/Promoter by way of consideration money on or before the execution hereof (of these presents [the receipt whereof the Builder Vendor/Promoter doth hereby as also well as by the receipt Receipt and memo of consideration Memo hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit, release and discharge the Purchaser and the said Apartment/Flat No. admeasuring sq. ft. (Carpet Area) situated on the floor and one car parking admeasuring sq. ft., the Vendor/Promoter doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release grant, transfer, assign and assure and confirm to and unto and in favour of the Purchasers ALL THAT Purchaser all that the Flat, being Apartment/Flat No. admeasuring sq. ft. (Carpet Area) on the Floor admeasuring an area of sq.ft. ( sqmFloor, (“the said Apartment/Flat”) Carpet Area/Saleable area as more fully and particularly mentioned and morefully described in PART – Part I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Second Schedule in the Land comprised building together with one car parking admeasuring sq. ft on the ground floor more fully described in Part II of the Second Schedule hereunder written together with undivided proportionate share or interest in the Premisesland together with undivided proportionate share or interest in the common areas, as more fully mentioned facilities and amenities of the said Building morefully described in Part-I of the FIRST SCHEDULE Third Schedule hereunder written together with the common areas, facilities and attributable amenities of the subject to the Said Unitterms, TOGETHER AND WITH like proportionate undivided share in conditions and provisions contained herein but otherwise free from all encumbrances, charges, liens, lis-pendens, trust, execution and attachment/ acquisition/requisition proceedings and all other liabilities whatsoever (the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space said Apartment/Flat No. , in the as allotted in the Said Vehicle Parking Space at the Premisesone car parking, if so categorically and all other rights and properties hereby sold and purchased under these presents transferred and/or expressed or intended to be sold and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all transferred are hereinafter collectively referred to as “the Said Unitsaid Premises), ) AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions and remainder or remainders and the rents rent, issues and profits of and in connection with the Said Unit thereof AND all the estate right title estate, right, title, claim, interest property claim and demand whatsoever both at law and in equity of the Vendors and/or Vendor/Promoter in the Builder into said Premises or upon the Said Unit AND TOGETHER WITH all easements any part or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit parcel thereof TO HAVE AND TO HOLD the Said Unit said Premises hereby sold, transferred and every part thereof conveyed to and unto and to the use of the Purchasers Allottee/Purchaser absolutely and forever AND SUBJECT NEVERTHELESS TO the Purchasers’ observance of the terms, conditions and covenants and agreements hereunder contained the stipulation and on the part of the Purchasers obligations to be observed fulfilled and performed (including by the restrictions terms conditions covenants and obligations set forth Purchaser as mentioned in the FIFTH SCHEDULE Fourth Schedule hereunder written and SUBJECT TO the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee/Transferee’s paying and discharging all municipal and other rates the taxes and impositions on the Said Unit wholly, said Premises wholly and all the Common Expenses, common expenses proportionately as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Fifth Schedule hereunder written proportionately, and all other outgoings rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof in connection with the Said Unit said Premises wholly and the Premises said Residential cum Commercial Complex proportionately and in particular subject to the Common Portions proportionatelycondition that the said Apartment/Flat will be used only for residential purpose and no other.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the a total sum of Rs. /- (Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers to the Builder paid at or before Vendor and the execution hereof Developer in the manner and in the proportion mentioned in the Memo of Consideration (the receipt whereof the Builder Vendor and the Developer do and each of them doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers and the Said Unit being hereby conveyedsaid flat and properties appurtenant thereto) the Vendors Vendor and the Builder Developer do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure unto and in favour of the Purchasers ALL THAT All that the Flat, being Flat /unit No. on the Floor admeasuring an of Tower No.G+7 together with one Utility room in the Complex known as “SIGNUM ARISTO” having Carpet area of _ sq.ft. ( sqm) Carpet Area/Saleable corresponding to built-up area as of Sq.ft. more fully and particularly mentioned and described in PART – Part I of the SECOND SCHEDULE Second Schedule hereunder writtenwritten And right to park No. of Covered/Open/Basement car parking space bearing no. in Tower , of the New Buildings more fully and particularly described in Part-II of the Second Schedule hereunder written AND TOGETHER WITH the proportionate undivided indivisible variable impartible share in the Land comprised land underneath the residential Building in which the Premises, as more fully mentioned and described in said Flat/Unit hereby transferred is situate AND TOGETHER WITH the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like undivided proportionate undivided indivisible part or share in the Common PortionsAreas, fully mentioned Facilities and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, Amenities (all of which are hereinafter collectively referred to as the Said Unit”), SAID FLAT AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building THE RIGHTS AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale AgreementPROPERTIES APPURTENANT THERETO) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.absolutely

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that That in pursuance of the premises aforesaid agreement and in consideration of aforesaid payment of the entire consideration sum of Rs. /- 00000,000/- (Rupees only) by the Purchasers to the Builder paid at or before the execution hereof only (the receipt whereof the Builder doth hereby as also by the receipt and memo per Memo of consideration hereunder written admit and given below) payment of which the Owners/VENDORS hereby acknowledge and of and from the payment of the same and every part thereof doth both hereby acquit and release and forever discharge the Purchasers PURCHASERS and the Said Unit said property being hereby conveyedthe undivided proportionate share in the land described in the Schedule “A” in respect of and calculated on the basis of the area of the flat described in the Schedule “C” below as residential Flat Being No. ”E” measuring 760 Sq. ft. (more or less) Covered area and measuring 950 Sq. ft. (more or less) Super Built up area on the Vendors Second Floor, North-East Side of the Building and ALL THAT One Garage Space/Car Parking Space marked as “P-01” measuring 140 Sq. ft. (more or less) Super Built up area on the Ground Floor, North-East Side of the Building erected on the landed property mentioned in the Annexure A hereinbelow written lying and situated at Municipal Premises Xx. 00/00, Xxxxxxx Xxxxx Xxxx, within Xxxx No. 122 of The Kolkata Municipal Corporation specifically mentioned in the Schedule “C” hereunder written and the Builder do OWNERS/VENDORS hereby convey and each of them doth hereby grant convey sell transfer release transfer, assign and assure unto the PURCHASERSS free all encumbrances, charges, liens, trust, annuities, lispendenses, attachments, debtor and in favour of the Purchasers wakf charges, for maintenance and residence and servients or easements with ALL THAT the Flatundivided proportionate share of land and the flat as aforesaid in the piece and parcel of land hereditament, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as misusage more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH Schedule “A” in particular the undivided proportionate undivided share in the Land comprised land underneath in respect of the Premises, as more fully mentioned and flat described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all Schedule “C” hereinafter collectively referred to as the Said Unit”)said property or howsoever otherwise the property situated butted, AND bounded, called known, numbered, described and distinguished TOGETHER ALSO WITH all rights, liberties, privileges, easements, lights, appendages, appurtenance, walls, paths, passages, swears, drains, water sources and the benefits and advantages to ancient and other right whatsoever to use the said property or any part thereof now are or hereto before were hold, used, occupied or enjoyed or reputed to belong or be appurtenant thereto and enjoy also compounds, drains, ways, paths, passages, fences and other rights and liberties whatsoever to the Common Portions said property belonging or in common with any way appertaining thereto and the other Unit Owners of the Building AND reversion or reversions reversions, remainder or remainders and the rents remainders, rents, issues and profits thereof and of every part thereof and all the estate, rights, title, interest, property, claims and demands whatsoever both at law and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever equity of the Vendors and/or the Builder OWNERS/VENDORS into or and upon the Said Unit AND TOGETHER WITH all easements same or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit an part thereof. TO HAVE AND TO HOLD the Said Unit THE SAID PROPERTY HEREBY GRANTED:- conveyed and transferred or expressed or intended so to be and every part thereof unto and to the use of the Purchasers PURCHASERS absolutely and forever SUBJECT NEVERTHELESS TO to be held as heritable and transferable immovable property within the Purchasers’ covenants and agreements hereunder contained and on meaning or any law for the part time being in force subject to the provisions of the Purchasers West Bengal Apartment Ownership Act, 1972 and its subsequent amendments and all the Rules and Regulations and agreement lawfully made and entered into pursuant to the provisions of the aforesaid Act and also subject to the payment of all rents taxes easements etc. Now chargeable upon the same or which may hereafter become payable in respect thereof to the Govt. of West Bengal, Panchayet Authority and the OWNERS/VENDORS hereby covenant with the PURCHASERS that notwithstanding any acts Deeds or things by the OWNERS/VENDORS made done or executed or knowingly suffered with the contrary with the OWNERS/VENDORS, now the good right and full and absolute power and indefeasible title to transfer the said property hereby sold and conveyed or expressed or intended so to be observed fulfilled with the appurtenance unto the PURCHASERS in manner aforesaid AND the PURCHASERS shall and performed (including may at all times hereinafter peaceably and quickly possess and enjoy the restrictions terms conditions covenants said property and obligations set forth every part thereof and receive the rents, issues and profits thereof without any lawful eviction interruption, claim of demand whatsoever from or the OWNERS/VENDORS or any person or persons lawfully or equitably claiming from under or through then free and clear and freely and clearly absolutely acquire exonerated and released or otherwise by and at the cost and expenses of the OWNERS/VENDORS well and sufficiently saved, and indemnified and keep indemnified on and from and against all manner or claims, charges, liens, debts, attachments, encumbrances, debtor, wakf charges or maintenances and residence whatsoever made or suffered or created by the OWNERS/VENDORS or their predecessors in interest or any persons lawfully equitably claiming any estate or interest or any person lawfully or equitably claiming any estate or interest in the FIFTH SCHEDULE hereunder written said property or any part thereof from under or in trust for them and the Said Sale Agreement) AND ALSO SUBJECT OWNERS/VENDORS will from time to time and at all times hereinafter at the request and cost of the PURCHASERS do or execute or cause to be done or executed all such acts, deeds, matters and things whatsoever for furtherance of better or more perfectly assuring the said property and every part and parcel thereof up to and to the Purchasers paying and discharging all municipal and other rates taxes and impositions on use of the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described PURCHASERS in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.any manner aforesaid or shall or may be reasonable required. AND IT IS FURTHER AGREED AND DECLARED THE PARTIES AS FOLLOWS:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum payment for a total amount of Rs. /- [•]/- (Rupees [•] only) and more fully described in the Memo of Consideration hereunder written by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Purchaser and the Said Unit said Row Bungalow being hereby conveyed) ), the Vendors Owners and the Builder do and each of them Promoter doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers Purchaser ALL THAT the Flat, being Flat Row Bungalow No. [Type _+ Row Bungalow No ] (said Row Bungalow) having- Row Bungalow No._- Bungalow Type - Carpet area (sq ft) Built up area (sq ft) Ground floor First Floor First Floor Balcony Second Floor Open Terrace (if any) TOTAL PLOT AREA Square feet Cottahs TOGETHER WITH the piece or parcel of land thereunto belonging whereon or on part whereof the Floor admeasuring said Row Bungalow will be developed and containing an area of sq.ft[•] sq ft more or less being demarcated portion of the Project Land and comprised in Dag Nos. ( sqm[•](said “Plot”) Carpet Area/Saleable area including car parking space (“Parking Space”) on the said Plot, Together With the right to use the proportionate indivisible share in the Common Areas, Amenities and Facilities of the Project, to be used with all other allottees of the Project (Project Common Areas, Amenities and Facilities ) morefully mentioned in the THIRD SCHEDULE as permissible under applicable law, and more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit said Row Bungalow AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or Owners and the Builder Promoter into or upon the Said Unit said Row Bungalow 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 said Row Bungalow TO HAVE AND TO HOLD the Said Unit said Row Bungalow and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ Purchaser’s covenants and agreements hereunder contained and on the part of the Purchasers Purchaser to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale AgreementAgreement and agreed to be paid, performed, observed and fulfilled by the Purchaser during the period of his ownership of the said Row Bungalow) AND ALSO SUBJECT to the Purchasers Purchaser paying and discharging all municipal and other rates taxes and impositions on the Said Unit said Row Bungalow wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit said Row Bungalow wholly and the Premises Project and in particular the Project Common Portions Areas, Amenities and Facilities proportionately.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) by the Purchasers to the Builder paid at or before the execution hereof (the receipt whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, being Flat No. _ on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuant of the premises aforesaid said agreement and in consideration of the aforesaid sum of Rs. /- (Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Purchaser(s) to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Purchaser(s) and the Said Unit being hereby conveyedsaid Apartment) the Vendors and the Builder Owners do and each of them doth hereby grant convey sell transfer release grant, transfer, convey, assign and assure and the Promoter doth hereby confirm and assure unto and in favour of the Purchasers ALL THAT Purchaser(s) All That the Flat, being Flat Apartment No. containing a carpet area of sq. ft., type BHK, WITH Exclusive balcony area of sq feet, WITH Exclusive Right to use the Open Terrace adjoining the said Apartment containing an area of Square Feet , be the same a little more or less on the Floor admeasuring an area of sq.ftthe Block No. ( sqmof the Project to be known as “Nautical” shown and delineated in the map or plan annexed hereto, being Annexure "A" duly bordered in colour RED together with right to park car at the open or covered (dependent or independent) Carpet Area/Saleable area parking space in the ground floor level being no. situated within the said Project shown and delineated in the map or plan annexed hereto, being Annexure "B" duly bordered in colour GREEN thereon, hereinafter collectively referred to as the “said Apartment”, more fully and particularly mentioned and described in PART – the Second Schedule hereunder written and WITH pro rata share in the common areas of the said Project along with the right to enjoy the Common Installation more fully and collectively mentioned in Part I of the SECOND SCHEDULE hereunder writtenThird Schedule hereto, TOGETHER WITH proportionate undivided share in the Land comprised in the Premisesabsolutely and forever free from all encumbrances, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unitcharges, TOGETHER AND WITH like proportionate undivided share in the Common Portionsliens, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitattachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car in Car Parking Space No. use the common areas, in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions common installations in common with the Owners/Promoter, Co-Transferees and the other Unit Owners and the other lawful occupants of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit Complex/Project 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 said Apartment TO HAVE AND TO HOLD the Said Unit said Apartment hereby sold, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyPurchaser(s).

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said offer and acceptance and in consideration of the payment of the said sum of Rs. /- (Rupees only) of lawful money of Union of India well and truly paid by the Purchasers Purchaser/Allottee to the Builder paid Vendor at or before the execution hereof of these presents (the receipt whereof the Builder Vendor doth hereby as also by the receipt admits and memo of consideration hereunder written admit and acknowledge acknowledges and of and from the payment of the same and every part thereof and the Vendor doth hereby acquit release and forever for ever discharge the Purchasers Purchaser and the Said Unit being undivided and impartible proportionate share interest and ownership in the land in the said property on which the said building is erected and constructed and also of all common areas and spaces and all easement and other rights in respect thereof as well as the said flat and car parking spaces hereby conveyedgranted conveyed and sold) the Vendors and the Builder do and each of them Vendor doth hereby absolutely and indefeasibly grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flat, That One self contained One self contained Residential BHK Flat being Flat No. ‘,’measuring a carpet area of Sq.ft. more or less, with balcony area admeasuring Sq.ft. (Chargeable area Sq.ft. more or less) being built up area admeasuring Sq.ft. (super built up area Sq.ft. more or less) on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in together with One Covered Car Parking Space No. measuring Sq.ft. more or less on the Ground Floor, of the said building situate lying at and being the said Xxxx Xx. XX/0/X/000, xx Xxxxxx Xx. 000, in the as allotted Block No. CE, Land – CE/1, Action Area – 1C, situated in the Said Vehicle Parking Space New Town, Police Station Rajarhat at present New Town, District - North 24-Parganas within the Premises, if so categorically sold jurisdiction of New Town Kolkata Development Authority fully described in the Third Schedule hereunder written TOGETHER WITH the undivided and purchased under these presents impartible proportionate share interest and as more fully mentioned ownership in PART – II the land in the said property and also the undivided and impartible proportionate share and interest of and in the common areas and open spaces therein and also all easement and other rights in respect thereof and all common amenities and facilities now available and to become available in future to the Purchaser in respect of the within mentioned SECOND SCHEDULE, said land and the said flat and car parking space (all the above, hereinafter collectively referred to as `the Said Unit”), said flat and covered car parking space') TOGETHER WITH the rights to have the said flat and car parking spaces completely built and constructed by the Vendor at the costs of the Purchaser AND TOGETHER ALSO WITH all and all manner of former and other rights lights liberties advantages easements privileges emoluments appendages and appurtenances whatsoever to the right to use said flat and enjoy the Common Portions car parking space or any part or parts thereof belonging or in common anywise appertaining or which with the other Unit Owners of same or any part or parts thereof now are or is or at any time or times heretofore were or was held used occupied or enjoyed or reputed to belong or be appurtenant thereto A N D the Building AND reversion or reversions remainder or remainders and A N D the rents issues and profits thereof and every part thereof A N D all the estate right title interest use possession property claim and demand whatsoever both at law and in equity of the Vendor into and upon the said flat or any part or parts thereof TOGETHER WITH true and correct copies of all deeds pottahs muniments writings and evidences of title relating to the said flat and car parking space or any part or parcel thereof which now are or hereafter shall or may be in the custody power or possession of the Vendor or which the Vendor can or may procure the same without any action or suit at law or in equity TO HAVE AND TO HOLD the said flat and car parking space AND ALL AND SINGULAR other the premises hereby granted conveyed and transferred or expressed or intended so to be and every part thereof together with all its rights members and appurtenances unto and to the use of the Purchaser absolutely and for ever and free from all encumbrances. AND the Vendor doth hereby covenant with the Purchaser/Allottee (1) THAT notwithstanding any act deed matter or thing by the Vendor done or executed or suffered to the contrary, the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled as an estate equivalent to an absolute estate of inheritance in fee simple in possession to the said flat and car parking space and every part thereof AND (2) THAT notwithstanding as aforesaid the Vendor now hath in himself good right full power absolute authority and indefeasible title to grant convey sell transfer assign and assure ALL AND SINGULAR the said flat and car parking space hereby granted conveyed and transferred or expressed or intended so to be unto and to the use of the Purchaser in manner aforesaid according to the true intent and meaning of these premises AND (3) THAT the Purchaser shall and will and may from time to time and at all times hereafter peaceably and quietly enter into hold possess and enjoy the said flat and car parking space hereby granted sold and conveyed and receive and take the rents issues and profits thereof and every part thereof without any lawful let suit trouble hindrance eviction interruption disturbance claim and demand whatsoever from or by the Vendor and all person claiming from under or in trust for the Vendor AND (4) THAT free and clear and freely and clearly and absolutely acquitted exonerated discharged and released or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of and in connection with other charges mortgages claims demands liens lispendens attachments and encumbrances whatsoever created by the Said Unit Vendor AND (5) THAT the Vendor and all the persons having or claiming any estate right title interest property claim and demand whatsoever both at law and in equity in to upon the said flat and car parking space hereby granted conveyed sold transferred assigned and assured or expressed or intended so to be or any part thereof from through under or in trust for the Vendor or any other person or persons as aforesaid shall and will from time to time and at all times hereafter at the request and cost of the Vendors and/or Purchaser do and execute or cause to be done and executed all such assurances acts deeds matters and things for further better and more effectually granting selling transferring or assuring the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements said flat and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD the Said Unit car parking spaces and every part or parcel thereof unto and to the use of the Purchasers absolutely Purchaser as shall or may be reasonably required. A N D the parties hereto agree and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, declare as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee/Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration towards the proportionate share in the land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and acquit the Allottee/Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do and each one of them doth hereby grant convey sell and transfer release assign and assure unto and to the Allottee/Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit 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 Designated Apartment TO HAVE AND TO HOLD the Said Unit and every part thereof Designated Apartment unto and to the use of the Purchasers Allottee/ Purchaser absolutely and forever TOGETHER WITH AND SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in the Schedules hereto and on the part of the Purchasers Allottee/ Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of Section 17 of the said Act, the Vendors and Promoter do and each one of them doth hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Land Owners and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do and each of them doth hereby grant sell convey sell transfer release assign and assure (each of them conveying and transferring their respective rights title and interest) unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and said Apartment / Unit described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided indivisible impartible share in the Land comprised in the Premises, as more fully mentioned and Premises Common Elements described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in PART-I of the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said said Apartment / Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging all municipal and other rates taxes and impositions on the Said said Apartment / Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said said Apartment / Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Sale Deed

NOW THIS INDENTURE WITNESSETH. that in pursuant to the premises aforesaid said agreement and in consideration of the a total sum of Rs. Rs /- (Rupees only) only paid by the Purchasers Purchaser to the Builder paid at or before the execution hereof Vendor / Developers (the receipt whereof the Builder Developers doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers Purchaser his heirs, successors, executors, administrators and legal representatives and every one of him and also the Said Unit being hereby conveyedsaid flat) the Vendors and the Builder do and each of them Vendor / Developers doth hereby grant convey sell transfer release indefeasibly grant, sale, convey, transfer, assign and assure unto the Purchaser his heirs, executors, administrators, legal representatives and in favour of / or assigns free from all encumbrances whatsoever made or suffered by the Purchasers Vendor / Developers ALL THAT the Flat, piece or parcel of a flat being Flat No. ……… on the Floor admeasuring an area ……………… floor, ……………………… side of sq.ft. ( sqm) Carpet Area/Saleable area as the said building, more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder Schedule “B” written hereinafter with undivided proportionate share of land of the said building of “A” Schedule land along with all common areas including easements and attributable passages more fully described in Schedule “C” written herein below and also the other rights and facilities as per provisions of the West Bengal Apartment Ownership Act 1972 along with common liabilities more fully described in Schedule “D” written herein below and rights and obligations, more fully described in Schedule “E” written herein below TO ENTER INTO AND TO HAVE AND HOLD OWN POSSESS AND ENJOY the said property and every Cont’d….P/13 -:: [13] ::- part thereof hereby granted, sold, conveyed and transferred or expressed and intended so to be with the rights and appurtenances thereto or in connection therewith unto and to the Said Unituse of the Purchaser his heirs, TOGETHER AND WITH like proportionate undivided share successors, executors, administrators, representatives and / or assigns forever free from all encumbrances and the Vendor / Developers doth hereby indemnify and promise to keep the Purchaser indemnified against all encumbrances claims, liens etc. whatsoever created or suffered by the Vendor / Developers for themselves, their respective heirs, executors, administrators and representatives and covenant with the Purchaser his heirs, executors, administrators, representatives and / or assigns that notwithstanding any act, deed or thing whatsoever made or suffered by the Vendor / Developers by and of their predecessors and predecessors-in-title, done or executed or knowingly suffered to the Contrary of Vendor / Developers at all materials times hereto before and now have good right, full power, absolute authority and indefeasible title to grant, sale, convey, transfer, assigns and assure the said property hereby granted, sold, conveyed and transferred to expressed or intended so to be, unto and to the use of the Purchaser his heirs, executors, administrators, representatives and / or assigns in the Common Portionsmanner aforesaid AND THAT the Purchaser his heirs, fully mentioned successors, executors, administrators, representatives and described / or assigns, shall and may at all times hereafter peaceably and quietly enter into hold possess and enjoy the said property or every part thereof and receive the rents, issues and profits, thereof without any lawful eviction hindrances and interruption disturbances claims, or demands whatsoever from or the Vendor / Developers or any person or persons lawfully or equitably claiming any right or estate thereof from under or in trust for them or from or under any of them or predecessors – in – title and that free and clear and freely and clearly absolutely acquired, exonerated and released on otherwise by and at the THIRD SCHEDULE hereunder written costs and attributable expenses of the Vendor / Developers sufficiently save indemnify from against and all manner of claims, charges liens, debts attachments and encumbrances, whatsoever made or suffered by the Vendor / Developers or any of their predecessors – in – title. Cont’d….P/14 -:: [14] ::- AND THAT the Vendor / Developers and the Purchaser herein agreed and declare as follows: - [1] The Vendor / Developers declare that they did not entered into any agreement with anybody for sale, gift, lease or transferring any interest whatsoever any manner in respect of the said flat and the said flat is hereby transferred and conveyed to the Said Unit, AND TOGETHER WITH Purchaser exclusively free from all encumbrances. [2] The Vendor / Developers have not received any notice from any authority and declare that the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II said land with building is not effected by any notice or scheme of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “Municipal Authority or the Said Unit”), AND TOGETHER ALSO WITH Government or any other Public Body or Bodies or local authorities and further declares that at present the right said land with building is not effected by any notice of acquisition or requisition by any authority. [3] The Purchaser herein shall be entitled to use and enjoy the Common Portions in common with passage leading to the other Unit Owners said building for ingress to and egress from the said flat. [4] The Purchaser herein will be entitled to make and effect necessary repairs, additions, alterations, modification, plastering and white washing inside wall of the Building AND reversion said flat at his own cost including all other thing or reversions remainder or remainders things required for proper and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE said flat without effecting other flats of the said building. [5] The Purchaser shall and may at all times hereafter peacefully and quietly hold, possess own and enjoy the said flat and each and every part thereof forever and receive the rents, issues and profits thereof without any lawful eviction, interruption, claim or demand from or by the Vendor / Developers or their respective heirs, executors, administrators, representatives and / or assigns. Cont’d….P/15 -:: [15] ::- [6] The Vendor / Developers shall deliver absolute peaceful vacant possession of the said flat fully described in Schedule “B” hereinafter written to the Purchaser on execution and registration of this Deed of Conveyance. AND TO HOLD it is further agreed and declared between the Said Unit parties as follows: - [1] The Purchaser shall be liable to make payment of all the rates and taxes in respect of the said flat hereby conveyed to the Municipal Authorities or other appropriate authorities on and from the date of the said purchase. If however any Association of owners of the said premises is formed, the Purchaser shall be entitled to make payment of the same through the said Association, if so decided and / or agreed to. [2] The Purchaser shall also be entitled to mutate or assess the said flat in his name separately in the record of Kolkata Municipal Corporation and he shall pay the Municipal Tax in his name separately. [3] The Purchaser shall has all the estate, right, title, interest, property, claim, whatsoever of the Vendor / Developers had or have in respect of the said flat free from all encumbrances and attachments whatsoever save and except the right of demolition or committing waste in respect of the said flat or the said property in any manner so as to effect the Vendor / Developers or other Co-owners who have acquired or may hereinafter purchase or acquire similar property right in respect of the other flats and that the Purchaser shall has the right, title and interest in respect of the undivided proportionate share of land of the said property and enjoy the same with the Vendor / Developers and / or other Co-owners who have acquired similar right, title and interest in the said property. Cont’d….P/16 -:: [16] ::- [4] The Purchaser shall also be entitled to sell, gift, mortgage, lease out or otherwise alienate the said flat hereby conveyed subject to the terms herein contained to any one without the consent of the Vendor / Developers or any other Co-owners who may have acquired before or hereafter any right, title or interest in respect of any other flat similar to those acquired by the Purchaser under the terms of this Conveyance. [5] The Purchaser shall use and / or maintain repair, replace, reconstruct all common items at the proportionate cost of all the Co-owners of the said property / building. [6] The Vendor / Developers and their respective heirs, executors, administrators, legal representatives and / or assigns as the case may be shall at all times hereafter indemnify and keep indemnified the Purchaser, his heirs, executors, administrators, legal representatives and / or assigns against any loss, damage, costs, charges and expenses, if any, which may be suffered by reason of any defect in the title of the Vendor / Developers or any breach of the covenant hereunder contained. [7] Subject to the provisions of the agreement the Vendor / Developers and their respective heirs, executors, administrators, legal representatives and / or assigns shall and will from time to time and at all times hereafter, upon the request and cost of the Purchaser and his executors, administrators, legal representatives and / or assigns do execute and cause to be done and execute all such deeds, acts and things whatsoever for further or more perfectly assuring the title of the said flat being No………… on the ……………… floor, side of the floor, with all appurtenances and amenities and every part thereof unto and to the use of Purchaser in the Purchasers absolutely manner aforesaid as shall or may reasonably be required and forever SUBJECT NEVERTHELESS the Vendor / Developers and their respective heirs, executors, administrators, legal representatives and / or assigns Cont’d….P/17 -:: [17] ::- shall at all times hereafter upon the request of the Purchaser and his heirs, administrators, legal representatives and/or assigns cause to be produced and file all deeds and documents relating to the said flat including the land conveyed herein. WHILE using the said unit or any part thereof or common parts or the common portions the Purchaser shall not do any of the following acts, deeds, and things:- [1] Obstruct the Society or Association or Company in its legal and lawful acts relating to the common purposes. [2] Violate any of the rules and regulations laid down in respect of user of the building. [3] Injure, harm or damage the common parts or the common portions or any other units of the said building, by making any alterations or withdrawing any support or otherwise. [4] Alter any outer portion elevation or colour scheme of the said unit or the said building. [5] Throw or accumulate or cause to be thrown or accumulated dirt, rubbish or refuse within said unit or in the common parts or the common portions save at the place indicated therefore. [6] Carry on or cause to be carried on any obnoxious injurious noise, dangerous, hazardous, illegal or immoral activity in the said unit or any where else in the building. Cont’d….P/18 -:: [18] ::- [7] Keep or store any offensive combustible, obnoxious, hazardous or dangerous articles in the said unit or the common parts or the common portions. [8] The Purchaser shall bear the maintenance and repairing cost of the common sewerage line proportionately with the other residents or occupier or co- owners of the building using the same sewerage until it is taken over by the Corporation. SCHEDULE “A” AS REFERRED TO ABOVE ALL THAT piece or parcel of a plot of land measuring 7(Seven) Cottahs 3(Three) Chittaks and 30(Thirty) square feet be the Purchaserssame a little more or less, lying and situates at and comprised in R.S. Dag No.376 under X.X. Xxxxxxx No.159, in Mouza – Laskarhat, Pargana – Kalikata, X.X. Xx.11, R.S. No.151, Touzi No.2998, P.S. Tiljala now Kasba, being the Premises No.1790, Laskarhat, Kolkata – 700 039, within the local limits of the Kolkata Municipal Corporation under Xxxx No.107, registering jurisdiction S.R. Alipore in the District of South 24 Parganas butted and bounded by: ON THE NORTH :: BY LAND OF XXXXXX XXXX ; ON THE SOUTH :: BY LAND OF XXXXXXXXX XXXXX ; ON THE EAST :: BY XXX XX.378 & LAND OF X. XXXX ; ON THE WEST :: BY 12covenants and agreements hereunder FEET WIDE COMMON PASSAGE ; Cont’d….P/19 -:: [19] ::- SCHEDULE “B” AS REFERRED TO ABOVE [Description of Flat] ALL THAT piece or parcel of a self contained and residential flat being No… on the part …………………. floor, ………………………… side of the Purchasers Straight – III storied building, consisting of …………. Bed Rooms, …………… Drawing / Dining, ……………… Kitchen, ……………… Toilet, …………. W.C. and ……………… Balcony, measuring ………… (……………………………………………) sq. ft. super built-up area be the same a little more or less of the said building being Corporation Premises No.1790, Laskarhat, P.S. Tiljala now Kasba, Kolkata – 700 039, together with undivided proportionate and impartible Share and interest of the building of the “A” Schedule land and also right to be observed fulfilled use and performed (enjoy the common areas and facilities including uninterrupted user and enjoyment of the restrictions terms conditions covenants roof and obligations set forth staircase along with right to easement in all common areas available under the provisions of the West Bengal Apartment Ownership Act 1972 and shown in the FIFTH map / plan annexed hereto and thereon coloured “RED”. SCHEDULE hereunder written “C” REFERRED TO XXXXXXXXXXX [Common Areas and facilities] [1] Land underneath the said building described in the “A” schedule. [2] All side spaces, back spaces, passages, paths, drain ways in the said building. [3] General lighting of the common portion, common electric meter room. Cont’d….P/20 -:: [20] ::- [4] Drain and sewers from the building to the Municipal Connection drain and / or sewers. [5] Common Septic tank. [6] Common Top floor Roof. [7] Lift of the said building. [8] Boundary walls & Entrance gate. [9] Staircase, landing. [10] Common underground and overhead water reservoir and the Said Sale Agreement) AND ALSO SUBJECT roof. [11] Common pump and pump house. [12] Water and sewers connection from the pipes of the units to drain and sewers common to the Purchasers paying said building. SCHEDULE “D” REFERRED TO XXXXXXXXXXX [1] Until and discharging unless which such times as the flat comprised in the said unit separately assessed and / or mutated in respect of the Municipal Taxes or impositions, the Purchaser shall from time to time from occupation of the said unit bear and pay such proportionate taxes and rates or impositions as may be reasonably taxes upon its formation. Cont’d….P/21 -:: [21] ::- [2] Apart from the amount of such Municipal taxes, rates, impositions, the Purchaser shall also pay all municipal and other rates taxes and impositions on including the Said Unit whollymultistoried building taxes, urban land taxes, if and when necessary, in respect of the said building proportionately and the Common Expensessaid self contained flat / unit wholly. [3] All proportionate costs of maintenance, operation, replacement with white washing, rebuilding, reconstructing, decorating and redecorating including the outer walls of the said building and boundary walls as more fully determined by the Association to be formed. SCHEDULE “E” REFERRED TO XXXXXXXXXXX [Rights and particularly mentioned Obligations] The Co-owners, occupiers, Society or Syndicate or Association shall allow each other the following easement and described in the FOURTH SCHEDULE hereunder written proportionatelyquasi-easements rights, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyprivileges etc.

Appears in 1 contract

Samples: Agreement for Sale

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter and the Vendors paid at or before the execution hereof (the receipt whereof the Builder doth Promoter and the Vendors do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth do hereby forever release discharge and acquit release and forever discharge the Purchasers Purchaser and the Said Unit being hereby conveyedDesignated Apartment and its appurtenances) the Vendors Promoter and the Builder Vendors do hereby sell and each of them doth hereby grant convey sell transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendors do hereby sell and transfer unto and to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer undivided proportionate title to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.Areas absolutely

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only_) only by the Purchasers Allottee to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written writ ten admit and acknowledge and of and from acknowledge), the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them Promoter doth hereby grant sell convey sell transfer release assign and assure unto and in favour of to the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and Designated Unit And Appurtenances described in PART – Part-I and Part-II of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided indivisible impartible share in the Common Portions, fully mentioned Areas and Installations described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with in the other Unit Owners of the Building manner herein stated and agreed AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said said Apartment / Unit TO HAVE AND TO HOLD the Said Designated Unit and every part thereof unto and to the use of the Purchasers Allottee absolutely and forever free from encumbrances SUBJECT NEVERTHELESS TO the Purchasers’ Allottee’s covenants and agreements hereunder herein contained and also in the Sale Agreement and on the part of the Purchasers Allottee to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers Allottee paying and discharging discha rging all municipal and other rates taxes and impositions on the Said Designated Unit wholly, wholly and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, Expenses proportionately and all other outgoings in connection with the Said Designated Unit wholly and the said Premises and in particular the Common Portions proportionatelyAreas and Installations.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. Rs /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment out of the same the Vendor hereby admit and every part thereof doth hereby acquit release and forever discharge acknowledge the Purchasers receipt 3 Will change at the time of sale deed as per the factual position then prevailing 4In case Association is made a party. If the circumstances do not allow the joining of Association to this Deed then the undivided proportionate title to the said land will be transferred to the Purchaser to be held by it in trust of the Association and the Said Purchaser will be liable to transfer such title to the Association upon its formation of apportioned sum towards the prorate share in the Project Land attributable to the said Unit being and Vendor and the Promoter do hereby conveyedforever release discharge and acquit the Purchaser and the Designated Apartment and its appurtenances) the Vendors Promoter and the Builder Vendor, to the extent of their respective entitlement, do hereby sell and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of to the Purchasers Purchaser ALL THAT the Flat, being Flat said Unit No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of Schedule B hereto together with parking facility if granted to the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share Purchaser and if so and as specifically mentioned in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, said Schedule B AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas and Installations in common with the Vendor and the Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or Promoter and the Builder Vendor into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendor as are set out in the Schedule C hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants Purchaser observing, fulfilling and agreements hereunder performing House Rules and other covenants, terms and conditions as contained herein below and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. IIA. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendor do hereby sell and transfer to the Association 5undivided proportionate title to the said Land attributable to the Unit and the Said Sale Agreement) AND ALSO SUBJECT Vendor and the Promoter, to the Purchasers paying extent of their respective entitlement, do hereby sell and discharging all municipal transfer to the Association undivided proportionate share and title to the other rates taxes Common Areas absolutely. If any further document or instrument is required, in law, to be executed and impositions registered to further confirm or vest the said transfer in favour of the Association, the parties hereto shall execute and register the same at the cost and expense of the Purchaser. {OR in case Association is not formed before execution of the Deed of Conveyance then the following} And in the premises aforesaid and at the requisition of the Purchaser and with the consent of the Purchaser it is recorded and confirmed that the sale and transfer of the undivided proportionate title to the said Land attributable to the Unit by the Vendor and of the undivided proportionate title to the other Common Areas by the Vendor and the Promoter, to the extent of their respective entitlement, is and shall be deemed to be hereby conveyed to the Association without requirement of any act in future on the Said Unit wholly, part of the Vendor and the Common Expenses, as more fully Promoter and particularly mentioned shall ipso facto take effect immediately upon the incorporation of the Association absolutely and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection shall remain vested with the Said Unit wholly Purchaser until then in trust and for the benefit of the Association. It is clarified that if any document or instrument 5In case Association is made a party. If the circumstances do not allow the joining of Association to this Deed then the undivided proportionate title to the said land will be transferred to the Purchaser to be held by it in trust of the Association and the Premises Purchaser will be liable to transfer such title to the Association upon its formation is required, in law, to be executed and registered to confirm or vest the said transfer in particular favour of the Common Portions proportionatelyAssociation, the parties hereto shall execute and register the same at the cost and expense of the Purchaser.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and each of them doth acquit the Purchaser and the Designated Property and its appurtenances) the Promoter and the Vendors do hereby grant convey sell and transfer release assign and assure unto and to the Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Property being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule–B hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Property AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Property TO HAVE AND TO HOLD the Designated Property unto and to the use of the Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Purchaser and the Promoter/Vendors as are set out in the Schedule D hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of section 17 of the said Act, the Vendors do hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Property and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuant to the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (( Rupees only) of the lawful money of the Union of India well and truly paid by the Purchasers Allottee to the Builder paid at or before the execution hereof Promoter (the receipt whereof the Builder Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit forever acquit, release and forever discharge the Purchasers Allottee and the Said Unit being hereby conveyed) said Row House/Bungalow and properties appurtenant thereto the Vendors and the Builder do doth and each of them do hereby grant, transfer, convey, assign and assure and the Promoter doth hereby grant convey sell transfer release assign confirm and assure unto and in favour of the Purchasers Allottee ALL THAT the Flat, being Flat No. on the Floor admeasuring an THE two storied (G+1) or three storied (G+2) Row House / Bungalow no…………..having carpet area of sq.ft…………………. ( sqm) Carpet Area/Saleable square feet corresponding to Built-up area as of square feet more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE SCHEDULE- B hereunder written and attributable demarcated in the Block Plan annexed hereto and marked ANNEX-A and pro rata share (in the “common areas” (user right only since Common Area will be conveyed to Association) common parts, portions, facilities and amenities and also user right in the land beneath the building as defined under clause ( n) of section 2 of the Act which includes exclusive use of the Balcony admeasuring Sq.Ft and also exclusive use of the front yard open area(which includes Car Parking Area) admeasuring Sq.Ft and the backyard area admeasuriung Sq.Ft and the Roof admeasuring Sq.Ft. and Additional Backyard admeasuring Sq.Ft appertaining to the Said UnitUnit all of which are here to fore as well as hereinafter collectively referred to as the SAID ROW HOUSE/BUNGALOW AND THE RIGHTS AND PROPERTIES APPURTENANT THERETO), TOGETHER AND WITH like proportionate undivided share in the Common Portionsabsolutely and forever free from all encumbrances, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitcharges, liens, attachments, trusts, whatsoever or howsoever AND TOGETHER WITH the right to park one car use the common areas installations and facilities as described in Car Parking Space No. , detail in the as allotted in Schedule-E to the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Agreement for Sale dated in common with the other Unit Row Houses/Bungalow Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 said Row House/Bungalow And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said Row House/Bungalow and the Rights and Properties Appurtenant thereto hereby granted, transferred and conveyed and every part or parts thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAllottee.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. ………………………/- (Rupees …………………………………..) only) , by the Purchasers to the Builder Vendors and the Promoter, paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the reimbursement of the consideration paid by the Promoter to the Vendors to the extent apportioned towards the proportionate share in the Land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth the Vendors and the Promoter do hereby forever release discharge and acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyedDesignated Apartment) the Vendors Promoter and the Builder Vendors do hereby sell and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of to the Purchasers ALL THAT the Flat, Residential flat being Flat Unit No. …………… containing a carpet area of ………………. ( ) Square feet, more or less, along with balcony having carpet area …… (……………………………) Square feet, the total Carpet Area of the Apartment is …………… Square Feet, more or less, on the Floor admeasuring an area ……………….. floor of sq.ft. ( sqm) Carpet Area/Saleable area as the Block- …….., more or less, of the Project at the said Land, more fully and particularly mentioned and described described’ in PART – I Schedule–B hereto, and the floor plan of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, Designated Apartment is annexed hereto and marked as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, Schedule C. AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit 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 Designated Apartment TO HAVE AND TO HOLD the Said Unit and every part thereof Designated Apartment unto and to the use of the Purchasers absolutely and forever TOGETHER WITH AND/OR SUBJECT NEVERTHELESS TO the Purchasers’ covenants easements quasi- easements and agreements hereunder other stipulations and provisions in favour of the Purchasers and the Promoter/Vendors as are set out in the Schedule D hereto AND SUBJECT TO the covenants, terms and conditions as contained in Clause V and in the Schedules hereto and on the part of the Purchasers to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyperformed.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid said agreement and in consideration of the said sum of Rs. ****/- (( Rupees only****) only paid by the Purchasers Purchaser to the Builder paid Developer towards payment for sale of a self-contained flat being Flat No. **** situated on the **** floor (**** side) having total super built up area measuring about sq. ft. and one car parking space measuring about 120 sq.ft. on the ground floor along with exclusive right of the said building at or before more fully mentioned in the execution hereof (Second Schedule hereunder written together with undivided share of the land morefully and particularly mentioned in the First Schedule hereunder written, the receipt whereof of which the Builder doth Developer do hereby as also and so by the receipt and memo of consideration Memo hereunder written admit admits and acknowledge and of and from the payment of the same forever release discharge, acquit exonerate the Purchaser and every part thereof doth hereby acquit release and forever discharge also the Purchasers said share and the Said Unit being unit hereby conveyed) transferred conveyed released and relinquished, the Vendors Vendor and the Builder Developer do and each of them doth hereby grant convey sell grant, sell, convey, transfer release assign and assure as well as the Developer/ herein do hereby assign, confirm and release unto and in favour of the Purchasers Purchaser ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully said self-contained complete flat and particularly car parking space morefully mentioned and described in PART – I of the SECOND SCHEDULE Second Schedule hereunder written, written TOGETHER WITH proportionate undivided share of the land and in the Land comprised common parts of the building as mentioned in the Premises, as more fully mentioned First Schedule and described Third Schedule respectively OR HOWSOEVER OTHERWISE the said share and the unit now is or at any time heretofore was situated butted bounded called known numbered and interest of the Vendor and the in respect of the FIRST SCHEDULE hereunder written said unit and attributable proportionate share of common parts AND all deed pattahs and muniments of title whatsoever exclusively relating to or concerning the Said Unit, said flat TOGETHER AND WITH like proportionate undivided right and/or share in the Common Portionsall passage sewers drains, fully mentioned pipes, benefits, advantages, privileges appendages and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, appurtenances thereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors easement and/or the Builder into or upon the Said Unit AND TOGETHER WITH all easements or quasi-easements /easement and other stipulations and and/or provisions in connection with the beneficial use and enjoyment of the Said Unit said flat and car parking space and undivided proportionate share of land subject to the similar rights liberties easements benefits and advantages as described in the Third Schedule of the owner of the other flat(s) in the said building and the premises TO HAVE AND TO HOLD the Said Unit property and each and every part thereof unto and to the use of the Purchasers Purchaser absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants subject to making payment of proportionate rates , taxes, maintenance charges and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth other charges incidental or relating thereto more particularly mentioned in the FIFTH SCHEDULE Third Schedule hereunder written and the Said Sale Agreement) written. THE VENDOR DO AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionately.EACH OF THEM DOTH HEREBY COVENANT WITH THE PURCHASER:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH. that in That for good and valuable consideration including the premises aforesaid and in consideration payment of the sum of Rs. /- Ten Dollars (Rupees only$10.00) unto Grantor in hand well and truly paid by the Purchasers to the Builder paid Beneficiary at or and before the execution hereof (and delivery hereof, the receipt whereof of which is hereby acknowledged, and intending to be legally bound hereby, and for the Builder doth hereby as also by purpose of securing the receipt performance of all of the terms and memo of consideration hereunder written admit and acknowledge and of and from provisions contained in the Notes including the payment of the same Notes (including all advances heretofore and every part thereof doth hereby acquit release hereafter made and forever discharge evidenced by the Purchasers Notes) and interest thereon unto the Said Unit being hereby conveyed) Beneficiary, the Vendors Lenders and their respective successors and assigns, according to the Builder do provisions and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour conditions of the Purchasers ALL THAT Notes, and for the Flat, being Flat No. on purpose of securing the Floor admeasuring an area performance by the Grantor of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I all of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share terms and provisions contained in the Land comprised in the Premisesthis Deed of Trust, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable it may be amended, restated, modified or supplemented from time to the Said Unittime (this Deed of Trust as it may be amended, TOGETHER AND WITH like proportionate undivided share in the Common Portionsrestated, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable modified or supplemented from time to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all time is hereinafter collectively referred to as the Said Unit”), AND TOGETHER ALSO WITH "DEED OF TRUST") and the right to use and enjoy performance by the Common Portions in common with the other Unit Owners Grantor of all of the Building AND reversion or reversions remainder or remainders terms and provisions contained in the rents issues Subsidiary Guaranty, as well as for the purpose of securing all other indebtedness and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever other obligations of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and Grantor to the use Beneficiary, under and pursuant to the Loan Documents, whether now or hereafter existing or incurred and whether direct or indirect or otherwise the Grantor by these presents, does, WITH COVENANTS OF GENERAL WARRANTY, grant, convey and otherwise transfer IN TRUST unto the Trustee and his successors and assigns, all of the Purchasers absolutely Grantor's real and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed personal property (including the restrictions terms conditions covenants fixtures and obligations set forth improvements) described below as well as all of Grantor's property relating thereto and all appurtenances belonging or in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit whollyany wise appertaining thereto, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelywhether now owned or hereafter acquired, and all other outgoings of Grantor's rights, titles and interests in connection with and to and relating to such property, and all products thereof and proceeds derived therefrom including proceeds of insurance, and does, WITH COVENANTS OF GENERAL WARRANTY, assign and pledge to the Said Unit wholly Beneficiary and his successors and assigns, and does, WITH COVENANTS OF GENERAL WARRANTY, grant to the Premises Trustee and his successors and assigns a security interest in, all of Grantor's property (including fixtures and improvements) described below as well as all of Grantor's property relating thereto, and all appurtenances belonging or in particular the Common Portions proportionately.any wise appertaining thereto, whether now owned or hereafter acquired, and all of Grantor's rights, titles and interests in and to and relating to such personal property, and all products thereof and proceeds derived therefrom including proceeds of insurance:

Appears in 1 contract

Samples: Security Agreement and Collateral Assignment (Carbide Graphite Group Inc /De/)

NOW THIS INDENTURE WITNESSETH. that in pursuance of the premises aforesaid aforementioned agreement and in consideration of the sum of Rs. /- (Rupees only) only paid by the Purchasers to the Builder paid at or Vendors for the Flat together with undivided proportionate variable share in the land and structure standing thereon along with all other rights over common areas and facilities easements and appurtenances attached to the said premises (save and except which has specifically reserved by the Vendors for the other Purchasers) before the execution hereof (of these presents the receipt whereof the Builder doth Vendors do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth do hereby acquit acquit, release and forever discharge the Purchasers and also the Said Unit being hereby said Flat intended to be sold, transferred and conveyed) , and the Vendors and the Builder do and each of them herein doth hereby grant convey sell transfer release grant, sell, convey, transfer, assign and assure unto and in favour of the Purchasers ALL THAT the Flatsaid flat described in the Schedule- "B" hereinafter written referred to as the said flat at …….Floor, being Flat No. on the Floor admeasuring an measuring about ……Square Feet Carpet area of sq.ft. ( sqm) Carpet Area/Saleable area as the said building more fully and particularly mentioned and described in PART – the Schedule- "B" hereunder written TOGETHER WITH undivided variable proportionate share in the land more fully and particularly described in the Schedule - "A" hereunder written save and except which has specifically reserved by the Vendors for the other Purchasers TOGETHER WITH the exclusive right in favour of the Purchasers to use and occupy the said flat TOGETHER WITH the common areas in common with other flat Owner/Owners on the said building and said block AND ALSO all rights, benefits, advantages, claims and demands thereof TO HOLD AND ENJOY the said flat by the Purchaser for residential purpose AND ALSO all rights in common areas the details of which are given in the Part - I of the SECOND SCHEDULE Schedule - "C" hereunder written, written for the beneficial use and enjoyment of the said flat TOGETHER WITH proportionate undivided Proportionate share in the Land comprised in the Premisesand other easement rights and reversion/reversions, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainder/ remainders and the rents rents, issues and profits of and in connection with the Said Unit AND all the said flat and ALL THAT estate right title right, title, interest property property, claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit AND said flat and the said proportionate share and all other share and all other rights and properties hereby granted, transferred, sold, conveyed, assigned and assured and/or intended to be sold and every part or parts thereof respectively TOGETHER WITH every of their rights liberties and appurtenances whatsoever to and unto the Purchasers free from all easements encumbrances (but subject to mortgaged with the Financial Institutions, if, any) trusts liens and attachments whatsoever AND ALSO TOGETHER WITH easement or quasi-easements quasi easement and other stipulations and provisions provision in connection with the beneficial use and enjoyment of the Said Unit said flat and/or the said proportionate share as mentioned in Part – II of the Schedule - "C" hereunder written TO HAVE AND TO HOLD the Said Unit said flat and the proportionate share of the structure and all other properties and rights hereby granted transferred conveyed assigned and assured and every part parts thereof respectively absolutely and EXCEPTING AND RESERVING unto and to the use other Owner/Owners of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchaserssaid building with in Schedule – ‘Acovenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and also such easements or quasi easement rights and privileges as are mentioned in the Said Sale Agreement) AND ALSO SUBJECT Schedule - "D" hereunder and subject to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, said flat wholly and the Common Expenses, common expenses as more fully and particularly are mentioned and described in the FOURTH SCHEDULE Schedule - "E" hereunder written proportionately, proportionately and all other outgoings outgoing in connection with the Said Unit said flat wholly and the Premises and in particular the Common Portions said building proportionately.

Appears in 1 contract

Samples: Agreement for Sale

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in pursuance of the said agreement and in consideration of the sum of Rs. /- (Rupees only) only by the Purchasers Allottee/Purchaser to the Builder Promoter paid at or before the execution hereof (the receipt whereof the Builder doth Vendors and the Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration towards the proportionate share in the land attributable to the Designated Apartment and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder Promoter do hereby forever release discharge and acquit the Allottee/Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do and each one of them doth hereby grant convey sell and transfer release assign and assure unto and to the Allottee/Purchaser their respective entitlements in favour of the Purchasers ALL THAT the Flat, Designated Apartment being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned and described in the FIRST SCHEDULE hereunder written and attributable to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, hereto AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions Areas in common with the Vendors and Promoter and other Unit Owners of the Building persons permitted by them AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit Designated Apartment AND all the estate right title interest property claim and demand whatsoever of the Promoter and the Vendors and/or the Builder into or upon the Said Unit Designated Apartment TO HAVE AND TO HOLD the Designated Apartment unto and to the use of the Allottee/Purchaser absolutely and forever TOGETHER WITH all AND/OR SUBJECT TO the easements or quasi-easements and other stipulations and provisions in connection with the beneficial use and enjoyment favour of the Said Unit TO HAVE Allottee/Purchaser and the Promoter/Vendors as are set out in the (morefully and particularly described in the FIFTH SCHEDULE written hereunder) hereto AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants covenants, terms and agreements hereunder conditions as contained in the Schedules hereto and on the part of the Purchasers Allottee/Purchaser to be observed observed, fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth performed. And in the FIFTH SCHEDULE hereunder written premises aforesaid and in pursuance of Section 17 of the said Act, the Vendors and Promoter do and each one of them doth hereby sell and transfer to the Association undivided proportionate title to the said Land attributable to the Designated Apartment and the Said Sale Agreement) AND ALSO SUBJECT Vendors and the Promoter do hereby sell and transfer to the Purchasers paying and discharging all municipal and Association undivided proportionate title to the other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyAreas absolutely.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH. that in the premises aforesaid and in I. TRANSFER: In consideration of the sum of Rs. /- (Rupees only) by Consideration, the Purchasers to the Builder paid at or before the execution hereof (the receipt amount whereof the Builder doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers and the Said Unit being hereby conveyed) the Vendors and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and is mentioned in favour of the Purchasers ALL THAT the Flat, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH proportionate undivided share in which has been confirmed by Chief Executive Officer, Burdwan Development Authority vide his Memo No. 102/II-37(Part-7)/BDA dated 07/01/2016 and Memo No. 3358/II-37(Part-7)/BDA dated 08/12/2016 and Memo No. 2271/II-37/BDA dated 11/07/2017, the Land comprised in entirety whereof has been paid by the PremisesTransferee to the Transferor at or before execution hereof and the receipt whereof the Transferor do hereby and by the Memo of Consideration hereunder written admit, as acknowledge and confirm, and by virtue of the powers conferred under the Head Lease, the Transferor doth hereby absolutely and forever SELL unto the Transferee, which transfer the Transferee doth hereby accept, ALL THAT the "Bungalow Building" more fully mentioned and particularly described in Part-I of the FIRST FIFTH SCHEDULE hereunder written and attributable to ASSIGN unto the Said UnitTransferee, TOGETHER AND WITH like proportionate undivided share in which assignment the Common PortionsTransferee hereby accepts, fully mentioned and ALL THAT the "Bungalow Land", out of the Project Land, more particularly described in Part-II of the THIRD FIFTH SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use and enjoy the Common Portions in common with the other Unit Owners portions of the Building AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said Unit AND all the estate right title interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit 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 TO HAVE AND TO HOLD the Said Unit and every part thereof unto and to the use of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as Satellite Township more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelyand hereafter called the "Township Common Portions", in common with the other owners and/or occupiers of the Satellite Township and to HAVE AND HOLD the Said Property for the residue period of the Head Lease as also its renewals, if any, with the entitlement of renewals as contained in the Head Lease, yielding and paying the rent of as mentioned in the THIRD SCHEDULE hereunder written and hereafter called the "Said Rent", to be revised upwards every 5 (five) years as contained in the Head Lease without any deductions of whatsoever nature and/or kind free from all encumbrances, trusts, liens, lis pendens and attachments whatsoever the Bungalow Building hereby sold and the Bungalow Land hereby assigned and all benefits and rights hereby granted and being sold/assigned to the Transferee, SUBJECT HOWEVER to the observance and performance by the Transferee of the covenants, stipulations, restrictions, and obligations of the Head Lease all other outgoings in connection of which shall be and be deemed to be covenants running with the Said Unit wholly Property AND SUBJECT FURTHER to the observance and performance by the Premises Transferee of the terms and in particular conditions of the management, administration and maintenance of the Township Common Portions proportionatelyAND SUBJECT FURTHER to the Transferee paying and discharging all existing and future rates, taxes, impositions, outgoings etc. in respect of the Said Property from the date of its possession and/or the deemed date of possession, as the case may be, wholly with respect to the Said Property and proportionately with respect to the Township Common Portions.

Appears in 1 contract

Samples: Deed of Sale

NOW THIS INDENTURE WITNESSETH. that That in pursuance of the premises aforesaid Agreement and in consideration of the sum of Rs. /- (Rupees only) only for the Flat and Car Parking Space paid by the Purchasers to the Builder paid at Vendors on or before the execution hereof of these presents (the receipt whereof the Builder Confirming party on behalf and as Constituted Attorney of the Vendors doth hereby as also by release to the receipt and memo Purchaser’s flat in Second Schedule together with the proportionate undivided impartible share of consideration hereunder written admit and acknowledge and of and from the payment of the same and every part thereof doth hereby acquit release and forever discharge the Purchasers land in First Schedule and the Said Unit being hereby conveyedinterest of common areas etc. forever) the Vendors do hereby grant, transfer, sell, convey, assure and the Builder do and each of them doth hereby grant convey sell transfer release assign and assure unto and in favour of the Purchasers ALL THAT the Flatsaid area, being Flat No. , measuring carpet area Square Feet be the same a little more or less on the Second Floor admeasuring at Block- AND one Car Parking space on the Ground Floor, measuring an area Square Feet be the same a little more or less at the same Block of sq.ft. ( sqm) Carpet Area/Saleable area as more fully the building morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder writtenSecond and Third Schedule below, TOGETHER WITH undivided proportionate impartible share of land underneath of building in First Schedule and the proportionate undivided share in of land underneath with the Land comprised in the Premisesinterest of common area and common passage, as more fully mentioned staircase, Lift, roof, tubewell, drains, sewers, water pipes and described in the FIRST SCHEDULE hereunder written all other fixtures and attributable equipments of common utility and common paths and passages appertaining to the Said Unit, TOGETHER AND WITH like proportionate undivided share in the Common Portions, fully mentioned and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unit, AND TOGETHER WITH the right to park one car in Car Parking Space No. , in the as allotted in the Said Vehicle Parking Space at the Premises, if so categorically sold and purchased under these presents and as more fully said building specifically mentioned in PART – II of the within mentioned SECOND SCHEDULE, (all hereinafter collectively referred to as “the Said Unit”), AND TOGETHER ALSO WITH the right to use Fourth Schedule below and enjoy the Common Portions in common with the other Unit Owners of the Building properties appurtenances thereto AND reversion or reversions reversions, remainder or remainders and the rents rent issues and profits of and in connection with the Said Unit said flat and the properties appurtenances thereto AND all the estate right title interest estate, right, title, interest, property claim and demand whatsoever of the Vendors and/or the Builder hereto into out of or upon the Said Unit said flat and the properties appurtenances thereto TO HAVE AND TO HOLD the said flat appurtenances thereto hereby granted, conveyed, transferred, assigned and assured and every part thereof respectively TOGETHER WITH the Vendors and its rights unto the Purchasers hereof free from all encumbrances, save those expressly mentioned herein SUBJECT EXCLUSIVELY to the payment of the proportionate share of apportioned liability for Municipal Taxes, Insurance premium for the said building and the monthly maintenance charges and the right of Vendors in respect hereof as reserved by the Agreement for purchase or by these presents and subject nevertheless to the easements or quasi-quasi- easements and other stipulations and or provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE said flat and Car Parking Space in Second and Third Schedule AND TO HOLD subject also that the Said Unit Purchasers hereto will as owners of the said flat which are hereby sold, transferred, conveyed and every part thereof unto assigned as an indefeasible estate and shall not be sub-divided or partitioned by meates and bounds the same or any portion herein any manner whatsoever TOGETHER WITH the right of using of staircase, lift, entrance, electrical, plumbing and other installations for common utility, main entrance and other common facilities, commonly with the Vendors and/or other owners and occupiers of the said building, for the purpose of access to the use of from the Purchasers absolutely main road EXCEPTING AND RESERVING UNTO the Vendors such easement or quasi-easement right and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part of the Purchasers to be observed fulfilled and performed (including the restrictions terms conditions covenants and obligations set forth in the FIFTH SCHEDULE hereunder written and the Said Sale Agreement) AND ALSO SUBJECT to the Purchasers paying and discharging all municipal and other rates taxes and impositions on the Said Unit wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionately, and all other outgoings in connection privileges annexed with the Said Unit wholly and the Premises and building in particular the Common Portions proportionately.First Schedule. THAT THE VENDORS AND CONFIRMING PARTY BOTH HEREBY CONVENANT WITH THE PURCHASERS HERETO AS FOLLOWS :-

Appears in 1 contract

Samples: Deed of Conveyance

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