Common use of NOW THIS INDENTURE Clause in Contracts

NOW THIS INDENTURE. WITNESSETHthat 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 4 contracts

Samples: Indenture, 202.61.117.163, Indenture

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NOW THIS INDENTURE. WITNESSETHthat 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 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE. WITNESSETHthat WITNESSETH that in pursuance of the premises aforesaid said agreement and in consideration pursuance of the sum of Rs. ………………../- (Rupees ) hundred only) by the Purchasers paid to the Builder paid at Devaloke Developers Limited / Xxxxxxx Xxxx Xxxxxx / Xxxxx Xxxx Xxxxxx alias Xxxxx Xxxx Xxxxxx / Xxxxxxxx Xxxx / Xxxxx Xxx Xxxx alias Xxxxxxxx Xxxx on or before the execution hereof (of these presents by way of consideration for the receipt whereof said flat together with the Builder doth hereby as also by car parking space and proportionate share of or interest in the land appurtenant thereto, the receipt and memo payment of consideration hereunder written which Devaloke Developers Limited / Xxxxxxx Xxxx Xxxxxx / Xxxxx Xxxx Xxxxxx alias Xxxxx Xxxx Xxxxxx / Xxxxxxxx Xxxx / Xxxxx Xxx Xxxx alias Xxxxxxxx Xxxx, one of the Vendor does hereby admit and acknowledge to have been received, 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 grant, transfer, convey, assign and assure unto and in favour of the Purchasers ALL THAT Purchaser All that the Flat, being Flat Unit No. on the ……………. Floor admeasuring an of Block “……….” containing a carpet area of sq.ftsquare feet more or less together with an exclusive balcony admeasuring Square feet and together with an open terrace admeasuring square feet contiguous to the said Unit, such Unit, balcony and open terrace more fully and particularly described in Part I of the Third Schedule hereunder written and shown and delineated in the Map - I annexed hereto and bordered in colour Red thereon and All that the covered/uncovered car parking space numbered as …………. ( sqm) Carpet Area/Saleable on the ………………… floor of Block “ ” / in the open area in front of Block more fully and particularly described in Part II of the Third Schedule hereunder written and shown and delineated in the Car Park Plan annexed hereto and bordered in colour Red thereon Together With the undivided proportionate indivisible part or share in the land appurtenant and Together With the undivided proportionate indivisible part or share in the common areas, common facilities and amenities of the said building and the said premises more fully and particularly described in the Fourth Schedule hereunder written all of which are heretobefore as well as hereinafter collectively referred to as the said flat and the rights and properties appurtenant thereto, absolutely and forever free from all encumbrances, charges, liens, lispendens, attachments, trusts, whatsoever or howsoever TOGETHER WITH all the rights over all ways, paths, passages, boundary, walls, drains, water courses, lights, liberties, privileges, easements, advantages, appendages and appurtenances whatsoever to the said share or any part or portion thereof belonging to or in anywise appertaining thereto or usually held used occupied therewith or part or parcel or members thereof and reputed to belong or be appurtenant thereto AND TOGETHER WITH the proportionate right in the common parts portions and areas and facilities 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 Fourth 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 all legal incidents thereto and 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 revision or reversions remainder or remainders and the rents issues and profits of benefits and in connection with the Said Unit advantages thereof AND all ALL the estate right title and interest property claim and demand whatsoever of the Vendors and/or the Builder into or upon the Said Unit said flat hereby sold granted conveyed transferred assigned and assured and/or intended so to be TO HAVE AND TOGETHER WITH TO HOLD the land which has been determined on the area of the of the said flat in the ratio aforesaid together with the said flat and the said car parking space all the right title and interest of the vendors in the said flat and car parking space sold, granted, conveyed, transferred, assigned or assured or otherwise expressed or intended so to be unto and to the use of the Purchasers herein in the manner as aforesaid SUBJECT NEVERTHELESS to the various easements or quasi-quasi easements and other stipulations and provisions in connection with the beneficial use and enjoyment of the Said Unit TO HAVE AND TO HOLD right title and interest in the Said Unit said flat and every part thereof unto and to the use share of the Purchasers absolutely and forever SUBJECT NEVERTHELESS TO the Purchasers’ covenants and agreements hereunder contained and on the part land of the Purchasers to be observed fulfilled said flat and performed (including the restrictions terms conditions covenants and obligations said car parking space as set forth out in the FIFTH SCHEDULE hereunder written Fifth Schedule hereto excepting and reserving unto the Said Sale Agreement) AND ALSO SUBJECT to Vendor and/or other persons deriving title from the Purchasers paying Vendor herein such easements and discharging all municipal quasi-easements and other rates taxes rights and impositions on the Said Unit wholly, and the Common Expenses, privileges as more fully and particularly mentioned and described in the FOURTH SCHEDULE Sixth Schedule hereto subject to the restrictions mentioned in the Seventh Schedule hereunder written proportionately, and all other outgoings subject to making payments of such common expenses mentioned in connection with the Said Unit wholly and the Premises and in particular the Common Portions proportionatelyEleventh Schedule hereunder written.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE. WITNESSETHthat in WITNESSETH that 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 Office Space/ Commercial Space 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 Office Space/ Commercial Space 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 written and demarcated in the Land comprised Block Plan annexed hereto and marked ANNEX-A and pro rata share (in the Premises"common areas" (user right only since Common Area will be conveyed to Association) common parts, as more fully mentioned portions, facilities and described amenities and also user right in the FIRST SCHEDULE hereunder written land beneath the building as defined under clause ( m) of section 2 of the Act which includes exclusive use of the Balcony admeasuring Sq.Ft and attributable 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 Office Space/ Commercial Space 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 Office Space/ Commercial Space 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 Office Space/ Commercial Space And the Rights And Properties Appurtenant thereto TO HAVE AND TO HOLD the Said Unit said Office Space/ Commercial Space 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. WITNESSETHthat WITNESSETH that in the premises aforesaid and in consideration of the sum of Rs. /- (Rupees only/-(Rupees 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 Owners 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 to the Purchaser All That the Apartment described in favour Part - I of Second Schedule hereunder written (“Said Apartment”), forming part of the Purchasers ALL THAT Promoter’s Allocation together with such number(s) of car parking space(s), if any, (forming part of the FlatPromoter’s Allocation) to be earmarked, being Flat No. identified and designated by the Promoter at the Building and/or the Said Project, which do not form a part of the Common Areas, as stated in Part - II of Second Schedule hereunder written (“Car Parking Space”) for the parking of private medium sized/standard car(s) owned by the Allottee within such space(s), subject to and on the Floor admeasuring an area terms and conditions recorded in the Application and the Allotment Letter and the general terms and conditions forming a part of sq.ft. ( sqmand/or governing the said provisional allotment and/or the Allotment Letter, and further subject to the Allottee making payment of the consideration amount as well as all other dues, deposits, costs and expenses, each of which were unconditionally accepted by the Allottee, with the tentative floor plan of the Said Apartment being annexed hereto, marked as Part III of Second Schedule (Said Apartment together with the permission to park private medium sized car(s) Carpet Area/Saleable area owned by the Allottee within the space comprising the Car Parking Space if any, hereinafter collectively shall be referred to as “Said Apartment And Properties Appurtenant Thereto”) in accordance with the Specifications, marked as Part IV of Second Schedule hereto together with the irrevocable right to use the common areas, parts, portions, installations and facilities of the Project in common with the remaining allottees of the Project (hereinafter collectively referred to as the “Common Areas”, and more fully and particularly mentioned and described in PART – I of Third Schedule hereto) (hereinafter Apartment, Car Parking Space & Common Areas are collectively referred to as the SECOND SCHEDULE hereunder written, “Said Unit”) TOGETHER WITH proportionate undivided share in together with the Land comprised in the Premises, as more fully mentioned irrevocable right to use Common Areas 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 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 written) in common with the other Unit Owners remaining allottees of the Building Project AND all the estate right title and interest of the Owners and the Promoter into or upon the said Apartment and every part thereof, with all legal incidents thereof AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said said Apartment/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 Apartment 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 Apartment 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 Apartment/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 Apartment/Unit wholly and the Premises said Project and in particular the Common Portions Areas and Installations proportionately.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE. WITNESSETHthat 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: Indenture

NOW THIS INDENTURE. WITNESSETHthat 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 at Block admeasuring an area of sq.ft. ( sqm) Carpet Page12 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. WITNESSETHthat 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, the Promoter and the Development Manager paid at or before the execution hereof (the receipt whereof the Builder doth Vendors, the Promoter and the Development Manager 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 said Land attributable to the Designated Apartment and of and from the payment of the 2 In case the Association is not formed at the material time then the word Maintenance In-charge shall be applicable. 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 Purchaser and the Designated Apartment and its appurtenances) the Promoter and the Vendors do hereby sell and transfer and the Development Manager doth hereby grant convey sell transfer release assign concur and assure confirm 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 the Development Manager 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 and the Builder Development Manager 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/Development Manager 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

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NOW THIS INDENTURE. WITNESSETHthat WITNESSETH in the premises aforesaid and in consideration of the sum of Rs. [•] /- (Rupees [•] only) paid by the Purchasers Allottee 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 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 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 FlatApartment, being Flat No. on and the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as Car Parking, if any, more fully and particularly mentioned and described in PART – I of the SECOND SCHEDULE Schedule-3 hereunder written, TOGETHER WITH proportionate undivided share in the Land comprised in the Premises, as more fully mentioned Share 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, Amenities and Facilities 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 Project Allottees 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 in this Deed and agreed to be paid, performed, observed and fulfilled by the FIFTH SCHEDULE hereunder written and Allottee during the Said Sale Agreementperiod of his ownership of the 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 Schedule-5 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.. THE OWNERS AND THE PROMOTER DOTH HEREBY COVENANT WITH THE ALLOTTEE as follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE. WITNESSETHthat WITNESSES that in pursuance of the premises aforesaid said Agreement and in consideration of the sum of Rs. /- (Rupees only) only paid by the Purchasers Purchaser/Allottee to the Builder paid at Vendors/Owners and/or Developer/Promoter on or before the execution hereof (the of these presents and by receipt whereof the Builder doth Vendors/Owners and/or Developer/Promoter do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge as per Memo below and of and from the payment same release and discharge the Purchaser/Allottee and the said property written hereunder in details in the Schedule ‘B’ below, the Vendors/Owners and/or Developer/Promoter as lawful owner of the same and every part thereof doth said property do 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, sell, convey, transfer, 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 Purchaser/Allottee free from all encumbrances and attachment , ALL THAT the said property written hereunder in the Schedule ‘B’ in details and being the said Flat/ Premises delineated in the annexed Map or Plan by RED Colour border and together with undivided impartible proportionate share of land of the Schedule ‘A’ property above referred to and together with enjoyment of all other common facilities, amenities, utilities and easements available therein in the said building or premises belonging thereto, ALL THAT the estate, right, title, interest, claim and demand whatsoever of the Vendors/Owners and/or Developer/Promoter into and upon the said property described in the Schedule ‘B’ in details and every part thereof in law and in equity TO ENTER UPON AND TO HAVE HOLD OWN AND POSSESS the same unto and to the use of the Purchaser, his/her heirs, executors, administrators, representatives and assigns, absolutely and forever SUBJECT NEVERTHELESS TO together with the Purchasers’ covenants copy of title deeds, writings , muniments, documents and agreements hereunder contained other evidences of title AND THE Vendors/Owners and/or Developer/Promoter are lawfully seized and on the part possessed of the Purchasers said property free from all encumbrances, attachments or defect in title whatsoever and the Vendors/Owners and/or Developer/Promoter have full power and absolute authority to be observed fulfilled and performed (including sell the restrictions terms conditions covenants and obligations set forth said property written hereunder in the FIFTH SCHEDULE hereunder written Schedule ‘B’ in manner aforesaid according to the true intent and meaning of this deed and the Said Sale Agreement) AND ALSO SUBJECT to Purchaser/Allottee shall hereafter peaceably and quietly hold possess and enjoy 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 said purchased flat described in the FOURTH SCHEDULE hereunder written proportionatelySchedule ‘B’ and also delineated in the annexed Map or Plan by RED Colour border in Khas or through tenants without any claim or demand whatsoever from the Vendors/Owners and/or Developer/Promoter or any person or persons claiming through or under her/him. AND FURTHER that the Vendors/Owners and/or Developer/Promoter his/her/their heirs executors, administrators, representatives and all other outgoings in connection assigns, covenant with the Said Unit wholly Purchaser his/her heirs, executors, administrators, representatives and assigns to save harmless, indemnify and keep indemnified the Premises Purchaser, his/her heirs, executors, representatives and assigns from or against all encumbrances, charges and equities whatsoever. AND the Vendors/Owners and/or Developer/Promoter their heirs, executors, administrators, representatives and assigns do or execute or cause to be done all such lawful acts, deeds and things whatsoever for further and more perfectly conveying and assuring the said property and every part thereof in particular manner aforesaid according to the Common Portions proportionately.true intent and meaning of this Deed. THE PURCHASER DO HEREBY COVENANT WITH THE VENDORS/OWNERS AND/OR DEVELOPER/PROMOTER as follows :-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE. WITNESSETHthat in the premises aforesaid and WITNESSWTH that in consideration of the said total sum of Rs. /- (Rupees only…………………./-(Rupees…………………… Only) paid by the Purchasers purchaser to the Builder paid at vendor on or before the execution hereof of this present (the details of which is mentioned in the memorandum of consideration and receipt whereof the Builder doth vendors 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 conveyedacknowledge) the Vendors and the Builder vendor do and each of them doth hereby grant convey grant, sell transfer release , convey, transfer, assign and assure unto UNTO AND IN FAVOUR OF THE purchaser free from all encumbrances ALL THAT right, title and interest in favour residential Flat No., , on the Fifth Floor, ad-measuring carpet area ……………. ( ) Square feet, more or less, , TOGETHERWITH one covered car parking space, on the Ground floor, hereinafter called the said “UNIT”, morefully and particularly described in the THIRD SCHEDULE hereunder written, as contained in the building known as “NIRMALA SQUARE”, lying and situated at Municipal Holding No.585, S.K. Deb Road, Police Station – Lake Town, Kolkata – 700 048, in Municipal Xxxx No.34, within the jurisdiction of the Purchasers ALL THAT the FlatSouth Dum Dum Municipality, being Flat No. on the Floor admeasuring an area of sq.ft. ( sqm) Carpet Area/Saleable area as more fully District -24 Parganas (North), morefully and particularly mentioned and described in PART – I of the SECOND SCHEDULE hereunder written, TOGETHER WITH undivided proportionate undivided share in the Land comprised in land and the Premisesbuilding thereon, as more fully mentioned morefully and particularly described in the FIRST SECOND SCHEDULE hereunder written and attributable to the Said Unitwritten, TOGETHER AND WITH like proportionate undivided share in common right over the Common Portionspassage, fully mentioned stair case, lift, main entrance, ultimate roof, drain line, water line, pumps and described in the THIRD SCHEDULE hereunder written and attributable to the Said Unitmortars etc., 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 said building in common with the other Unit Owners of the Building AND reversion or reversions remainder or remainders Vendors 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 other Purchaser 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 morefully and particularly mentioned and described in the FOURTH SCHEDULE hereunder written proportionatelywritten, TOGETHER WITH obligation to pay for expenses for maintenance and all other outgoings repair of the main structure of the said building, morefully and particularly described in connection with the Said Unit wholly and FIFTH SCHEDULE hereunder written, AND FURTHER, subject to the Premises and restrictions mentioned in particular the Common Portions proportionately.SIXTH SCHEDULE hereunder written,

Appears in 1 contract

Samples: Agreement for Sale

NOW THIS INDENTURE. WITNESSETHthat in WITNESSETH that 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 and each of them doth and each of them do 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 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 /Town House Apartment 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 UNIT 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 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

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