Common use of SMT Clause in Contracts

SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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SMT. XXXXXX XXX XXXXxxxxxx Xxx 4) Smt. Xxxxx Xxxxx, wife 5) Xxx Xxxxx Xxxxxxxx 6) Xxxxx Xxxxxxxx 7) Xxx Xxxxxx Xxxxxxxx 8) Smt. Xxxxx Xxxxxx 9) Smt. Xxxxxx Xxxxxx, 10) Xxx Xxxxx Xxxxxxxx 11) Xxxx Xxx sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx Son of Xxxx Xxxxxxx Xxxxx Xxxxxxx and 2) Xxx Roy had been enjoying Xxxxxxx Xxxxx, Son of Late Xxxxx Xxxxxxx Xxxxx at and for the right, title, interest consideration as mentioned in the said Deed of Sale ALL THAT piece and possession in respect parcel of their remaining bastu land admeasuring an area of 779 Sq.ft. be the same more or less out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion area of land measuring 850 Sq. ft. be the same more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXXcomprising in C.S. Plot No.139 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Xxxxx, son R.S. No.11, Touzi No.151 Municipal Premises No.12, Baishnabghata Bye Lane, Police Station – Jadavpore, Xxxx No.100 within the limit of Xxxx Xxxxxx Xxxxxxx MajumderKolkata Municipal Corporation, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘District 24 Parganas (S). The said Deed of Conveyance’ which Sale was registered in the office of the D. S.R. – IIIDistrict Sub-Registrar-I, Xxxxxxx on 11/01/2007 Alipore South 24 Paraganas and xxxx recorded in Book no. – No.I, Volume no – 10No.18, written in pages Pages from 4645 188 to 4663 213 being noNo.01833 for the year 2008. 05378 AND WHEREAS by another Deed of Sale dated 24th June, 2008 the abovenamed Xxxxx Xxxxxxxx, Wife of Late Xxxxxxxx Xxxx Xxxxxxxx and Xxxxx Xxxxxxxx, Son of Late Xxxxxxxx Xxxx Xxxxxxxx sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx, Son of Xxxxxxx Xxxxx Xxxxxxx and 2) Xxx Xxxxxxx Xxxxx, Son of Late Xxxxx Xxxxxxx Xxxxx at and for the consideration as mentioned in the said Deed of Sale ALL THAT piece and parcel of bastu land admeasuring an area of 71 Sq.ft. be the same more or less out of the total area of land measuring 850 Sq.ft. be the same more or less comprising in C.S. Plot No.139 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Xxxxx, R.S. No.11, Touzi No.151, Municipal Premises No.12, Baishnabghata Bye Lane, Police Station Jadavpur, Xxxx No.100 within the limit of Kolkata Municipal Corporation, District – 24 Parganas (S) more fully described in the schedule therein referred to as the Said Property. The said Deed of Sale was registered in the office of the District Sub-Registrar –I, Alipore South 24 Paraganas and recorded in Book No.I, Volume No.121, Pages from 96 to 115 being No.01871 for the year 20102008. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest Xxxxx Xxxxx Xxxxxxx and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its Xxxxxxx Xxxxx duly mutated their name in respect the Assessment Registrar of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession Kolkata Municipal Corporation in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet property vide Assessee No.211000100540 and the Kolkata Municipal Corporation granted mutation in favour of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work said Xxxxx Xxxxx Xxxxxxx and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxxxx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated premises being No. 12, Baishnabghata bye Lane, Ward No. 100 within the limit of Kolkata Municipal Corporation. The aforesaid total area of land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 850 Sq.ft. more fully described in Mouza – Nayabad, made a scheme plan the Schedule ‘A-I’ below therein and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter thereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasersSaid Property. AND FURTHER WHEREAS in pursuance to sell by virtue One Xxxxxx Xxxxx Xxxxxxxxxx, Xxxxxx Xxxxx Xxxxxxxxxx and Xxxxxx Xxxxxxx Xxxxxxxxxx were the Owners-in-Possession of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land measuring about 4 Cottahs, 7 Chittacks be the same more or less comprising in Mouza Baishnabghata, Khatian No.189 corresponding to Dag No.134 under Kolkata Municipal Corporation holding No. 36C Baishnabghata Bye Lane, Police Station previously Tollygunge, thereafter Jadavpur at present Patuli, X.X. No.28, pargana Khaspur, Sub Registry Office, Alipore in the District of 24 Parganas who had partitioned their property amicably between themselves by executing Deed of Partition in the year 1935 registered with the Alipore Sub Registrar Office and recorded in Book No.I, Volume No. 14 Pages from 162, being No.611 for the year 1935. AND WHEREAS by virtue of the said Deed of Partition Xxxxxx Xxxxx Xxxxxxxxxx, the third part of the said Deed of Partition was allotted ALL THAT piece and parcel of land comprising in premises No. 36C, Baishnabghata Road which was described in Schedule ‘B’ of the said Deed of Partition and had been enjoying the said property free from all encumbrances. AND WHEREAS the said Xxxxxx Xxxxxxx Xxxxxxxxxx died intestate leaving behind his son Xxxxxxxxx Xxxxxxxxxx and Xxxxxxxx Xxxxxxxxxx as his legal heirs and successors in respect of the property left by him. AND WHEREAS while the said Xxxxxxxx Xxxxxxxxxx and Xxxxxxxxx Xxxxxxxxxx had been enjoying the said property free from all encumbrances, the said Xxxxxxxx Xxxxxxxxxx died intestate on 7.6.1985 leaving behind her wife Xxx. Xxxxxx Xxxxxxxxxx and two daughters Xxx. Xxxxxxx Xxxxxxxxxx and Xxxx Xxxxxxxxxx as his legal heirs and successors in respect of his undivided 50% shares of the property left by him. AND WHEREAS the said Xxxxxxxxx Xxxxxxxxxx, Smt. Xxxxxx Xxxxxxxxxx, Smt. Xxxxxxx Xxxxxxxxxx and Smt. Xxxx Xxxxxxxxxx while seized and possessed of and sufficiently entitled to as joint owner of the said property they by a Deed of Sale in Bengali vernacular bearing the date of 9th August, 1985, corresponding to 22nd Xxxxxxx 1392 sold transferred and conveyed a portion of the said property containing an area of 2 Cottahs 3 Chittacks and 22 and ½ Sq.ft. as per physical measurement out of the total area of land of 4 Cottahs and 7 Chittacks with all easement right attached thereto free from all encumbrances to Smt. Xxxxxxx Xxxxxxxx, Wife of Xxx Xxxxxxxxx Xxxxxxxx at and for the valuation as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the sub- Registrar office at Alipore, District 24 Parganas (S) and recorded in Book No.I, Being No.6878 for the year 1985. AND WHEREAS the said Smt. Xxxxxxx Xxxxxxxx duly mutated her name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the aforesaid property purchased by her and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxx Xxxxxxxx vide Assessee No. 211000301430 in respect of the said premises being Xx. 00X, Xxxxxxxxxxxxx Xxxx, Xxxx No. 100 within the limit of Kolkata Municipal Corporation as fully described in the Schedule ‘B’ therein. AND WHEREAS by another Deed of Sale in Bengali Vernacular bearing the date of 9th August, 1985 corresponding to 24th Xxxxxxx 1392 the said Xxxxxxxxx Xxxxxxxxxx, Smt. Xxxxxx Xxxxxxxxxx, Smt. Xxxxxxx Xxxxxxxxxx and Smt. Xxxx Xxxxxxxxxx Xxxx, transferred and conveyed ALL THAT piece and parcel of land containing an area of 2 Cottahs 3 Chittacks and 22 and ½ Sq.ft. as per physical measurement out of the total land are aof 4 Cottahs and 7 Chittacks comprising with premises no. 36C, Baishnabghata Road within the limit of Kolkata Municipal Corporation in favour of Smt. Xxxxx Xxxxxxxx, Wife of Xxx Xxxxxxxxx Xxxxxxxx. The said Deed of Sale was registered in the office of the Sub Registrar, Alipore, District South 24 Parganas and recorded in Book No.I, Volume No.119 Pages 108 to 117 being No.6877 for the year 1985. AND WHEREAS the said Smt. Xxxxx Xxxxxxxx duly mutated her name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the aforesaid property purchased by her and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxx Xxxxxxxx vide Assessee No. 211000307341 in respect of the said premises and the property of Smt. Xxxxx Xxxxxxxx has been renumbered as 36C/1, Baishnabghata Road, Xxxx No. 100 within the limit of Kolkata Municipal Corporation as fully described in the Schedule ‘C’ therein. AND WHEREAS by virtue of the partition decree dated 9th May, 1972 passed by Xxx X X Xxxx, Xx. Sub-Judge, 5th Court in Charge in partition Suit no. 128 of 1968, Xxxx Xxxxxx Xxxxxxxx, Son of Late Xxxx Xxxxxxxx Xxxxxxxx was allotted ALL THAT demarcated partition of plot no.7 as described in the schedule D-I of the said partition decree comprising with ALL THAT piece and parcel of land containing an area of 1086 Sq.ft. with structure made on roof and tiles standing thereto and duly mutated his name in respect of his said property with the Calcutta now Kolkata Municipal Corporation and the Kolkata Municipal Corporation granted mutation certificate to the said Xxxx Xxxxxx Xxxxxxxx in respect of the premises xx.00 Xxxxxxxxxxxxx Xxx Xxxx, Police Station – the then Jadavpore at present Patuli, Kolkata – 700047. AND WHEREAS by a Deed of Gift in Bengali Vernacular bearing the date of 20th June, 1986 corresponding to 5th Assar 1393 the said Xxxx Xxxxxx Xxxxxxxx Gifted transferred and conveyed the said property comprising with Municipal Premises No.12, Baishnabghata Bye Lane containing an area of 1086 Sq.ft. equivalent to 1 Cottahs, 8 Chittacks and 6 Sq.ft. mo re or less to Xxx Xxxx Xxxxx Xxxxxxxx and Xxx Xxxxxxx Xxxxxxxx at and for the consideration as mentioned in the said Deed of Gift. The said Deed of Gift was registered in the office of the District Sub Registrar, Alipore at South 24 Parganas and recorded in Book No.1, being No.11738 for the year 1986. AND WHEREAS the said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx duly mutated their name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the property purchased by them containing an area of 1 (One) Cottah 8(Eight) Chittacks and 6 (Six) Sq.ft. as per physical measurement and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx and the said property of Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx has been re-numbered as 12/4, Baishnabghata Bye Lane, vide Assessee No. 211000105513 as fully described in the Schedule ‘D-I’ therein. AND WHEREAS by virtue of the said partition decree Xxxxxxxxxxx Xxxxxxxx was allotted ALL THAT demarcated portion comprising with ALL THAT piece and parcel of land measuring 05 about 1 Cottah 8 Chittacks (Fiveas per Physical Verification) be the same more or less who while had been enjoying the said property free from all encumbrances, he by a Deed of Sale dated 29.1.1974 registered with the Alipore Sub Registrar office and recorded in Book No.I, Volume No.27 Pages 37 to 41 Deed No.453 for the year 1974 sold transferred and conveyed the property to one Smt. Xxxx Xxxxxxxx who duly mutated her name in the Calcutta Municipal Corporation in respect of her purchased property and had been enjoying the same free from all encumbrances with all right to transfer in the mode of sale gift etc. AND WHEREAS by a Deed of Sale dated 23rd February, 1979 the said Xxxx Xxxxxxxx sold transferred and conveyed the said property to Smt. Xxxxx Xxxxxx, wife of Xxx Xxxxx Xxxxxx at and for the consideration as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the District Sub Registrar Office South 24 Parganas at Alipore and recorded in Book No.I, Volume No.15, Pages 177 to 184, for the year 1971. AND WHEREAS the said Xxxxx Xxxxxx duly mutated her name in the office of the Kolkata Municipal Corporation and had been enjoying the said property free from all encumbrances by paying taxes to the Corporation in her own name. AND WHEREAS by a Deed of Sale in Bengali vernacular bearing the date of 11th August, 1992 corresponding to 26th Xxxxxxx, 1399 the said Xxxxx Xxxxxx sold transferred and conveyed the said property containing an area of land measuring 1 Cottah and 8 Chittacks as per physical verification more or less being premises no.12/2, Baishnabghata Bye Lane in favour of Xxx Xxxx Xxxxx Xxxxxxxx and Xxx Xxxxxxx Xxxxxxxx at and for the consideration as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the District Sub Registrar, Alipore South 24 Parganas and recorded in Book No. I, being No.13407 for the year 1992. AND WHEREAS the said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx duly mutated their name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the property purchased by them containing an area of 1 (One) Cottah 8 (Eight) Chittacks as per physical measurement and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx and the said property of Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx has been re-numbered as 12/2, Baishnabghata Bye Lane, vide Assessee No. 211000100564 as fully described in the Schedule ‘D-II’ therein. AND WHEREAS by a Deed of Amalgamation dated 10th day of July,2012 the present Owners herein duly amalgamated their respective properties and became the joint owners of the amalgamated property being ALL THAT piece and parcel of Bastu land altogether measuring 15 (Fifteen) Cottahs 10 (Ten) Chittaks 30 Chittacks 1 (ThirtyOne) Sft., (Sq.ft. be the same a little more or lessless with 600 (Six hundred) out Sq.ft. R.T.S. situated at C.S. Plot No.139, 134 appertaining to C.S. Khatian No.354, 189 in Mouza Xxxxxxxx Xxxxx, R.S. No.11, Touzi No.151, Kolkata Municipal Corporation Premises No.12, Baishnabghata bye lane (being the consolidated and amalgamated Premises Nos. 36C/1A Baishnabghata Xxxx, 00 Baishnabghata Bye Lane, 36C Baishnabghata Road, 36C/1 Baishnabghata Road, 12/4 Baishnabghata Bye Lane and 12/2 Baishnabghata Bye Lane), Police Station the then Jadavpore at present Patuli, Xxxx No.100 within the limit of Kolkata Municipal Corporation, District 24 Parganas (S) with all easement rights including right to use common passage and the said Deed of Amalgamation was registered in the office of the aforesaid total land lying Additional District Sub-Registrar, Alipore ,South 24 Parganas and situated was recorded in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. Book No. 1,Volume No. 25, R. S. Pages from 3467 to 3499 , Being No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part 05777 for the consideration and in the premises stated thereinyear 2012. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest Vendors herein are seized and possession in respect possessed of the property and otherwise well and sufficiently entitled to ALL THAT piece and parcel of Bastu land altogether measuring more or less 05 15 (FiveFifteen) Cottahs 10 (Ten) Chittaks 30 Chittacks 1 (ThirtyOne) Sft., morefully mentioned Sq.ft. be the same a little more or less with 600 (Six hundred) Sq.ft. R.T.S. comprising in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corpration situated at Kolkata Municipal Corporation under Assessee No. 311090871217 Premises No.12, Baishnabghata bye lane (after amalgamation), Police Station- Jadavpore at present Patuli, District 24 Parganas (S) and it has have been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, absolute peaceful and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area uninterrupted possession of the said complex, namely, “EDEN OXFORD PARK” is measuring property more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. fully described in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written below and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’)property. AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, the Owners/Vendors herein duly mutated their name with the Kolkata Municipal Corporation in favour respect of the said premises being amalgamated Premises No.12, Baishnabghata bye lane at Mouza – Baishnabghata, Touzi No.- 151, within the limit of Kolkata Municipal Corporation, Police Station- the then Jadavpore at present Patuli, District-24 Parganas (South), and is in khas possession free from all encumbrances by paying tax to the Municipality in their own name. AND WHEREAS the Owners/Vendors herein with a view to make construction of multistoried building for better utilisation of the property mentioned in the First Schedule below approached the above Developer vide Deed No. – 00504 for making construction of the year 2016, registered at proposed building in consideration as mutually agreed and settled between themselves in exchange of the office of A.R.said Property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

SMT. XXXXXX XXX XXXXxxxxxx Xxx 4) Smt. Xxxxx Xxxxx, wife 5) Sri Xxxxx Xxxxxxxx 6) Tapas Banerjee 7) Sri Xxxxxx Xxxxxxxx 8) Smt. Xxxxx Xxxxxx 9) Smt. Xxxxxx Xxxxxx, 10) Sri Xxxxx Xxxxxxxx 11) Xxxx Xxx sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx Son of Xxxx Xxxxxxx Xxxxx Xxx Roy had been enjoying Xxxxxxx and 2) Sri Xxxxxxx Xxxxx, Son of Late Kanta Xxxxxxx Xxxxx at and for the right, title, interest consideration as mentioned in the said Deed of Sale ALL THAT piece and possession in respect parcel of their remaining bastu land admeasuring an area of 779 Sq.ft. be the same more or less out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion area of land measuring 850 Sq. ft. be the same more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXXcomprising in C.S. Xxxx Xx.000 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Ghata, son R.S. Xx.00, Xxxxx Xx.000 Xxxxxxxxx Premises No.12, Baishnabghata Bye Lane, Police Station – Jadavpore, Xxxx No.100 within the limit of Xxxx Xxxxxx Xxxxxxx MajumderKolkata Municipal Corporation, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘District 24 Parganas (S). The said Deed of Conveyance’ which Sale was registered in the office of the D. S.R. – IIIDistrict Sub-Registrar-I, Xxxxxxx on 11/01/2007 Alipore South 24 Paraganas and xxxx recorded in Book no. – No.I, Volume no – 10No.18, written in pages Pages from 4645 188 to 4663 213 being noNo.01833 for the year 2008. 05378 AND WHEREAS by another Deed of Sale dated 24th June, 2008 the abovenamed Xxxxx Xxxxxxxx, Wife of Late Xxxxxxxx Xxxx Banerjee and Xxxxx Xxxxxxxx, Son of Late Xxxxxxxx Xxxx Banerjee sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx, Son of Xxxxxxx Xxxxx Xxxxxxx and 2) Sri Xxxxxxx Xxxxx, Son of Late Kanta Xxxxxxx Xxxxx at and for the consideration as mentioned in the said Deed of Sale ALL THAT piece and parcel of bastu land admeasuring an area of 71 Sq.ft. be the same more or less out of the total area of land measuring 850 Sq.ft. be the same more or less comprising in C.S. Xxxx Xx.000 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Ghata, R.S. Xx.00, Xxxxx Xx.000, Xxxxxxxxx Premises Xx.00, Xxxxxxxxxxxxx Xxx Xxxx, Xxxxxx Xxxxxxx Xxxxxxxx, Xxxx Xx.100 within the limit of Kolkata Municipal Corporation, District – 24 Parganas (S) more fully described in the schedule therein referred to as the Said Property. The said Deed of Sale was registered in the office of the District Sub-Registrar –I, Alipore South 24 Paraganas and recorded in Book No.I, Volume No.121, Pages from 96 to 115 being No.01871 for the year 20102008. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest Xxxxx Xxxxx Xxxxxxx and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its Xxxxxxx Xxxxx duly mutated their name in respect the Assessment Registrar of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession Kolkata Municipal Corporation in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet property vide Assessee No.211000100540 and the Kolkata Municipal Corporation granted mutation in favour of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work said Xxxxx Xxxxx Xxxxxxx and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxxxx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated premises being Xx. 00, Xxxxxxxxxxxxx xxx Xxxx, Xxxx Xx. 000 within the limit of Kolkata Municipal Corporation. The aforesaid total area of land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 850 Sq.ft. more fully described in Mouza – Nayabad, made a scheme plan the Schedule ‘A-I’ below therein and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter thereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasersSaid Property. AND FURTHER WHEREAS in pursuance to sell by virtue One Sitala Xxxxx Xxxxxxxxxx, Xxxxxx Xxxxx Chatterjee and Satish Xxxxxxx Xxxxxxxxxx were the Owners-in-Possession of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft.about 4 Cottahs, (7 Chittacks be the same little more or less) out of the aforesaid total land lying and situated less comprising in Mouza – NayabadBaishnabghata, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Khatian No.189 corresponding to Dag No. 191, R. S. Khatian No. 131, No.134 under Kolkata Municipal Corporation Xxxx holding No. 10900X Xxxxxxxxxxxxx Xxx Xxxx, within Xxxxxx Station previously Tollygunge, thereafter Jadavpur at present Patuli, X.X. No.28, pargana Khaspur, Sub Registry Office, Alipore in the District of South 24 ParganasParganas who had partitioned their property amicably between themselves by executing Deed of Partition in the year 1935 registered with the Alipore Sub Registrar Office and recorded in Book No.I, West Bengal Together with all rights of easements Quasi-easementVolume No. 14 Pages from 162, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part being No.611 for the consideration and in the premises stated thereinyear 1935. AND WHEREAS While by virtue of the aforesaid Vendor said Deed of Partition Sitala Xxxxx Xxxxxxxxxx, the third part of the said Deed of Partition was allotted ALL THAT piece and parcel of land comprising in premises Xx. 00X, Xxxxxxxxxxxxx Xxxx which was described in Schedule ‘B’ of the said Deed of Partition and had been enjoying the right, title, interest said property free from all encumbrances. AND WHEREAS the said Sitala Xxxxxxx Xxxxxxxxxx died intestate leaving behind his son Xxxxxxxxx Xxxxxxxxxx and possession Xxxxxxxx Xxxxxxxxxx as his legal heirs and successors in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft.left by him. AND WHEREAS while the said Xxxxxxxx Xxxxxxxxxx and Xxxxxxxxx Xxxxxxxxxx had been enjoying the said property free from all encumbrances, morefully mentioned in the FIRST SCHEDULE, hereunder said Xxxxxxxx Xxxxxxxxxx died intestate on 7.6.1985 leaving behind her wife Smt. Xxxxxx Xxxxxxxxxx and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag Notwo daughters Smt. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 Xxxxxxx Xxxxxxxxxx and Xxxx Xxxxxxxxxx as his legal heirs and successors in respect of his undivided 50% shares of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094left by him. AND WHEREAS the said ownerXxxxxxxxx Xxxxxxxxxx, M/s. Smt. Xxxxxx Enclave Private LimitedXxxxxxxxxx, executed a registered Boundary declaration in respect Smt. Xxxxxxx Xxxxxxxxxx and Smt. Xxxx Xxxxxxxxxx while seized and possessed of and sufficiently entitled to as joint owner of the subject propertysaid property they by a Deed of Sale in Bengali vernacular bearing the date of 9th August, admeasuring physically by 1985, corresponding to 22nd Xxxxxxx 1392 sold transferred and conveyed a portion of the said property containing an area of 379.041 Sq2 Cottahs 3 Chittacks and 22 and ½ Sq.ft. Mtr ;as per physical measurement out of the total area of land of 4 Cottahs and 7 Chittacks with all easement right attached thereto free from all encumbrances to Smt. Xxxxxxx Xxxxxxxx, Wife of Sri Xxxxxxxxx Xxxxxxxx at and for the valuation as mentioned in the said Boundary Declaration Deed of Sale. The said Deed of Sale was registered in the office of A. R. A. – Ithe sub- Registrar office at Alipore, Kolkata on 06.11.2015 District 24 Parganas (S) and duly recorded in Book No. - .I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 Being No.6878 for the year 20151985. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration Smt. Xxxxxxx Xxxxxxxx duly mutated her name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the subject property, admeasuring, aforesaid property purchased by her and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction granted mutation in favour of said Xxxxxxx Xxxxxxxx vide Assessee No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development 211000301430 in respect of the said Property unto and in favour premises being Xx. 00X, Xxxxxxxxxxxxx Xxxx, Xxxx Xx. 100 within the limit of the Developer herein for the consideration and subject to the terms and conditions contained and recorded Kolkata Municipal Corporation as fully described in the said Agreement (hereinafter referred to as the said Schedule JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEYBon 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.therein.

Appears in 2 contracts

Samples: Agreement for Sale, Deed of Conveyance

SMT. XXXXXX XXX XXXXxxxxxx Xxx, wife jointly sold, conveyed, transferred, assigned and assured unto and in favour of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession M/s. Everlike Suppliers Private Limited in respect of their remaining land out undivided 1/7th share and interest of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 soldaforesaid property at Municipal Premises Xx. 00X, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXXXxxxx Xxxxxx Xxxxxx, son of Xxxx Xxxxxx Xxxxxxx MajumderPolice Station - Kalighat, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, Kolkata-700 026. AND WHEREAS by virtue of ‘Deed of Conveyance’ which was a registered conveyance being dated 01.12.2011 registered in the office of the D. S.R. – III, A.D.S.R. Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – No I, CD Volume No. - 2138, written in pages from 6521 717 to 6541732, being Deed Being No. 09717 08696 for the year 20112011 wherein Xxx Xxxxx Xxxx Saha sold, said conveyed, transferred, assigned and assured unto and in favour of M/s. M. M. Construction, therein called Everlike Suppliers Private Limited in respect of all that piece and referred to as the Vendor, parcel of undivided 1/7th share and interest of the One Partland measuring an area of 1 Cottah 5 Chittaks 33 Sq.ft. at Municipal Premises Xx. 00X, soldXxxxx Xxxxxx Xxxxxx, conveyed and transferred Police Station - Kalighat, Kolkata-700 026. AND WHEREAS the said Xxxxxxx Xxxxxxxx being interested to develop his share of the aforesaid property i.e. ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) 2 Cotahs 9 Chittaks 30 (Thirty) Sft., (be the same little and 34 Sqa.ft. more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi less with structure as standing thereon as Premises Xx. 0000X, X.X. Dag NoXxxxx Xxxxxx Xxxxxx, Police Station - Kalighat, Kolkata-700 026 and undivided ½ (Half) share of Premises no. 19100/0, R. S. Khatian No. 131Xxxxx Xxxxxx Xxxxxx, Kolkata Municipal Corporation Police Station - Kalighat, Kolkata-700 026within K.M.C. Xxxx No. 109083, within approached the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to MOwner No. 2/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part Developer herein for the consideration same and in accordingly the premises stated thereinsaid Xxxxxxxxx agreed to develop the said property after Amalgamating the same with it’s adjoining properties owned by the Owner No.2/Developer herein .Both the said Owner No. AND WHEREAS While 1 herein and the aforesaid Vendor had been enjoying the rightOwner No.2/Developer herein executed a Development Agreement dated 9th February, title2015, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name registered before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property A.D.S.R. Xxxxxxx and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 45, written in pages Pages from 124918 198 to 124927231, bearing Deed Being No. 07999 00953, for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per 2015 incorporating details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.mutually agreed upon.

Appears in 1 contract

Samples: Agreement for Sale

SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian X.X. Xxxxxx no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian X. X. Xxxxxxx no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian X. X. Xxxxxxx xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 09722 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 01 (TenOne) Chittaks 30 37 (ThirtyThirty One) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian X. X. Xxxxxxx No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX BRINDABAN ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 01 (TenOne) Chittaks 30 37 (ThirtyThirty Seven) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/407/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090871205 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Brindaban Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring admeasuring, physically by an area of 379.041 274.779 Sq. Mtr ;, ; and the said Boundary Declaration was registered in the office of A. D. S. R. A. IV, Kolkata Alipore, South 24 Parganas on 06.11.2015 28.06.2019, and duly recorded in Book No. - I, Volume No. 19011630-20152019, written in pages from 149071 54952 to 14908454964, bearing Deed No. 08703 163001469 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 20152019. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 271.517 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2019120135 Dated 15.03.201601.11.2019. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00091 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6506 to 6505 6538 entered between M/s. Xxxxxx Brindaban Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.

Appears in 1 contract

Samples: Agreement for Sale

SMT. XXXXXX XXX SWARNA SANA also known as SMT. XXXXXXXXXX XXXX wife of Xxx. Xxxxxx Xxxxxx Xxxx, (8) SMT. XXXXXXX XXXXXX, wife of Xxx. Xxxxxxxx Xxxx Xxxxxx, and (9) SMT. XXXX XXX, wife of Xxxx Xxx Xxxxx Xxx Roy had been enjoying the rightXxx, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 as Confirming Party therein sold, conveyed and transferred a demarcated portion absolutely and for ever in favour of land XXXXXXX XXXXXX, Son of Sri Xxxxxx Xxxxx Xxxxxx, the Owner herein ALL THAT Land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered 2 Cottahs 11 Chittacks 18 Sq.ft. being undivided 10% share or interest in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land total Land measuring more or less 62 Kattah 04 Chittaks 38 Square feet 27 (Twenty Seven) Cottah 2 (Two) Chatak 6 (Six) Sq.ft at and being Premises Xx.00, Xxxxxx’x Xxxxxx Xxxx, (also known as 00, Xxxxxx Xxxxxx Xxxx) Xxxxxxx-000000, P.S. New Alipore under KMC xxxx No.81, by executing a registered deed of landed property appertaining conveyance dated 1st July,2011 registered before Addl. Registrar Of Assurance-I of Kolkata, Book No.I, CD Volume No.13, Pages 6657 to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad6682, a portion Being No.05700 for the year 2011. AND WHEREAS by virtue of land the above mentioned Deeds of Conveyance Owners herein became the absolute Owners of ALL THAT Land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work 27 (Twenty Seven) Cottah 2 (Two) Chatak 6 (Six) Sq.ft TOGETHER WITH structure standing thereon at and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the rightbeing presently Premises No.16, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft Mondal’s Temple Lane, (also known as 00, Xxxxxx Xxxxxx Xxxx) Xxxxxxx-000000, P.S. New Alipore, under KMC xxxx No.81 hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the VendorTOTAL PROPERTY, of the One Part, sold, conveyed more fully and transferred ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and particularly described in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) SftPART-I OF THE FIRST SCHEDULE hereinafter mentioned., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.

Appears in 1 contract

Samples: Indenture

SMT. XXXXXX XXX XXXXxxxxxx Xxx 4) Smt. Xxxxx Xxxxx, wife 5) Xxx Xxxxx Xxxxxxxx 6) Xxxxx Xxxxxxxx 7) Xxx Xxxxxx Xxxxxxxx 8) Smt. Xxxxx Xxxxxx 9) Smt. Xxxxxx Xxxxxx, 10) Xxx Xxxxx Xxxxxxxx 11) Xxxx Xxx sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx Son of Xxxx Xxxxxxx Xxxxx Xxxxxxx and 2) Xxx Roy had been enjoying Xxxxxxx Xxxxx, Son of Late Xxxxx Xxxxxxx Xxxxx at and for the right, title, interest consideration as mentioned in the said Deed of Sale ALL THAT piece and possession in respect parcel of their remaining bastu land admeasuring an area of 779 Sq.ft. be the same more or less out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion area of land measuring 850 Sq. ft. be the same more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXXcomprising in C.S. Plot No.139 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Xxxxx, son R.S. No.11, Touzi No.151 Municipal Premises No.12, Baishnabghata Bye Lane, Police Station – Jadavpore, Xxxx No.100 within the limit of Xxxx Xxxxxx Xxxxxxx MajumderKolkata Municipal Corporation, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘District 24 Parganas (S). The said Deed of Conveyance’ which Sale was registered in the office of the D. S.R. – IIIDistrict Sub-Registrar-I, Xxxxxxx on 11/01/2007 Alipore South 24 Paraganas and xxxx recorded in Book no. – No.I, Volume no – 10No.18, written in pages Pages from 4645 188 to 4663 213 being noNo.01833 for the year 2008. 05378 AND WHEREAS by another Deed of Sale dated 24th June, 2008 the abovenamed Xxxxx Xxxxxxxx, Wife of Late Xxxxxxxx Xxxx Xxxxxxxx and Xxxxx Xxxxxxxx, Son of Late Xxxxxxxx Xxxx Xxxxxxxx sold transferred and conveyed free from all encumbrances to 1) Xxxxx Xxxxx Xxxxxxx, Son of Xxxxxxx Xxxxx Xxxxxxx and 2) Xxx Xxxxxxx Xxxxx, Son of Late Xxxxx Xxxxxxx Xxxxx at and for the consideration as mentioned in the said Deed of Sale ALL THAT piece and parcel of bastu land admeasuring an area of 71 Sq.ft. be the same more or less out of the total area of land measuring 850 Sq.ft. be the same more or less comprising in C.S. Plot No.139 appertaining to C.S. Khatian No.354 in Mouza – Xxxxxxxx Xxxxx, R.S. No.11, Touzi No.151, Municipal Premises No.12, Baishnabghata Bye Lane, Police Station Jadavpur, Xxxx No.100 within the limit of Kolkata Municipal Corporation, District – 24 Parganas (S) more fully described in the schedule therein referred to as the Said Property. The said Deed of Sale was registered in the office of the District Sub-Registrar –I, Alipore South 24 Paraganas and recorded in Book No.I, Volume No.121, Pages from 96 to 115 being No.01871 for the year 20102008. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest Xxxxx Xxxxx Xxxxxxx and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its Xxxxxxx Xxxxx duly mutated their name in respect the Assessment Registrar of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession Kolkata Municipal Corporation in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet property vide Assessee No.211000100540 and the Kolkata Municipal Corporation granted mutation in favour of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work said Xxxxx Xxxxx Xxxxxxx and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxxxx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated premises being No. 12, Baishnabghata bye Lane, Ward No. 100 within the limit of Kolkata Municipal Corporation. The aforesaid total area of land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 850 Sq.ft. more fully described in Mouza – Nayabad, made a scheme plan the Schedule ‘A-I’ below therein and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter thereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasersSaid Property. AND FURTHER WHEREAS in pursuance to sell by virtue One Xxxxxx Xxxxx Xxxxxxxxxx, Xxxxxx Xxxxx Xxxxxxxxxx and Xxxxxx Xxxxxxx Xxxxxxxxxx were the Owners-in-Possession of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land measuring about 4 Cottahs, 7 Chittacks be the same more or less comprising in Mouza Baishnabghata, Khatian No.189 corresponding to Dag No.134 under Kolkata Municipal Corporation holding No. 36C Baishnabghata Bye Lane, Police Station previously Tollygunge, thereafter Jadavpur at present Patuli, X.X. No.28, pargana Khaspur, Sub Registry Office, Alipore in the District of 24 Parganas who had partitioned their property amicably between themselves by executing Deed of Partition in the year 1935 registered with the Alipore Sub Registrar Office and recorded in Book No.I, Volume No. 14 Pages from 162, being No.611 for the year 1935. AND WHEREAS by virtue of the said Deed of Partition Xxxxxx Xxxxx Xxxxxxxxxx, the third part of the said Deed of Partition was allotted ALL THAT piece and parcel of land comprising in premises No. 36C, Baishnabghata Road which was described in Schedule ‘B’ of the said Deed of Partition and had been enjoying the said property free from all encumbrances. AND WHEREAS the said Xxxxxx Xxxxxxx Xxxxxxxxxx died intestate leaving behind his son Xxxxxxxxx Xxxxxxxxxx and Xxxxxxxx Xxxxxxxxxx as his legal heirs and successors in respect of the property left by him. AND WHEREAS while the said Xxxxxxxx Xxxxxxxxxx and Xxxxxxxxx Xxxxxxxxxx had been enjoying the said property free from all encumbrances, the said Xxxxxxxx Xxxxxxxxxx died intestate on 7.6.1985 leaving behind her wife Xxx. Xxxxxx Xxxxxxxxxx and two daughters Xxx. Xxxxxxx Xxxxxxxxxx and Xxxx Xxxxxxxxxx as his legal heirs and successors in respect of his undivided 50% shares of the property left by him. AND WHEREAS the said Xxxxxxxxx Xxxxxxxxxx, Smt. Xxxxxx Xxxxxxxxxx, Smt. Xxxxxxx Xxxxxxxxxx and Smt. Xxxx Xxxxxxxxxx while seized and possessed of and sufficiently entitled to as joint owner of the said property they by a Deed of Sale in Bengali vernacular bearing the date of 9th August, 1985, corresponding to 22nd Xxxxxxx 1392 sold transferred and conveyed a portion of the said property containing an area of 2 Cottahs 3 Chittacks and 22 and ½ Sq.ft. as per physical measurement out of the total area of land of 4 Cottahs and 7 Chittacks with all easement right attached thereto free from all encumbrances to Smt. Xxxxxxx Xxxxxxxx, Wife of Xxx Xxxxxxxxx Xxxxxxxx at and for the valuation as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the sub- Registrar office at Alipore, District 24 Parganas (S) and recorded in Book No.I, Being No.6878 for the year 1985. AND WHEREAS the said Smt. Xxxxxxx Xxxxxxxx duly mutated her name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the aforesaid property purchased by her and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxx Xxxxxxxx vide Assessee No. 211000301430 in respect of the said premises being No. 36C, Baishnabghata Road, Xxxx No. 100 within the limit of Kolkata Municipal Corporation as fully described in the Schedule ‘B’ therein. AND WHEREAS by another Deed of Sale in Bengali Vernacular bearing the date of 9th August, 1985 corresponding to 24th Xxxxxxx 1392 the said Xxxxxxxxx Xxxxxxxxxx, Smt. Xxxxxx Xxxxxxxxxx, Smt. Xxxxxxx Xxxxxxxxxx and Smt. Xxxx Xxxxxxxxxx Xxxx, transferred and conveyed ALL THAT piece and parcel of land containing an area of 2 Cottahs 3 Chittacks and 22 and ½ Sq.ft. as per physical measurement out of the total land are aof 4 Cottahs and 7 Chittacks comprising with premises no. 36C, Baishnabghata Road within the limit of Kolkata Municipal Corporation in favour of Smt. Xxxxx Xxxxxxxx, Wife of Xxx Xxxxxxxxx Xxxxxxxx. The said Deed of Sale was registered in the office of the Sub Registrar, Alipore, District South 24 Parganas and recorded in Book No.I, Volume No.119 Pages 108 to 117 being No.6877 for the year 1985. AND WHEREAS the said Smt. Xxxxx Xxxxxxxx duly mutated her name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the aforesaid property purchased by her and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxx Xxxxxxxx vide Assessee No. 211000307341 in respect of the said premises and the property of Smt. Xxxxx Xxxxxxxx has been renumbered as 36C/1, Baishnabghata Road, Xxxx No. 100 within the limit of Kolkata Municipal Corporation as fully described in the Schedule ‘C’ therein. AND WHEREAS by virtue of the partition decree dated 9th May, 1972 passed by Xxx X X Xxxx, Xx. Sub-Judge, 5th Court in Charge in partition Suit no. 128 of 1968, Xxxx Xxxxxx Xxxxxxxx, Son of Late Xxxx Xxxxxxxx Xxxxxxxx was allotted ALL THAT demarcated partition of plot no.7 as described in the schedule D-I of the said partition decree comprising with ALL THAT piece and parcel of land containing an area of 1086 Sq.ft. with structure made on roof and tiles standing thereto and duly mutated his name in respect of his said property with the Calcutta now Kolkata Municipal Corporation and the Kolkata Municipal Corporation granted mutation certificate to the said Xxxx Xxxxxx Xxxxxxxx in respect of the premises xx.00 Xxxxxxxxxxxxx Xxx Xxxx, Police Station – the then Jadavpore at present Patuli, Kolkata – 700047. AND WHEREAS by a Deed of Gift in Bengali Vernacular bearing the date of 20th June, 1986 corresponding to 5th Assar 1393 the said Xxxx Xxxxxx Xxxxxxxx Gifted transferred and conveyed the said property comprising with Municipal Premises No.12, Baishnabghata Bye Lane containing an area of 1086 Sq.ft. equivalent to 1 Cottahs, 8 Chittacks and 6 Sq. ft. more or less to Xxx Xxxx Xxxxx Xxxxxxxx and Xxx Xxxxxxx Xxxxxxxx at and for the consideration as mentioned in the said Deed of Gift. The said Deed of Gift was registered in the office of the District Sub Registrar, Alipore at South 24 Parganas and recorded in Book No.1, being No.11738 for the year 1986. AND WHEREAS the said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx duly mutated their name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the property purchased by them containing an area of 1 (One) Cottah 8(Eight) Chittacks and 6 (Six) Sq.ft. as per physical measurement and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx and the said property of Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx has been re-numbered as 12/4, Baishnabghata Bye Lane, vide Assessee No. 211000105513 as fully described in the Schedule ‘D-I’ therein. AND WHEREAS by virtue of the said partition decree Xxxxxxxxxxx Xxxxxxxx was allotted ALL THAT demarcated portion comprising with ALL THAT piece and parcel of land measuring 05 about 1 Cottah 8 Chittacks (Fiveas per Physical Verification) be the same more or less who while had been enjoying the said property free from all encumbrances, he by a Deed of Sale dated 29.1.1974 registered with the Alipore Sub Registrar office and recorded in Book No.I, Volume No.27 Pages 37 to 41 Deed No.453 for the year 1974 sold transferred and conveyed the property to one Smt. Xxxx Xxxxxxxx who duly mutated her name in the Calcutta Municipal Corporation in respect of her purchased property and had been enjoying the same free from all encumbrances with all right to transfer in the mode of sale gift etc. AND WHEREAS by a Deed of Sale dated 23rd February, 1979 the said Xxxx Xxxxxxxx sold transferred and conveyed the said property to Smt. Xxxxx Xxxxxx, wife of Xxx Xxxxx Xxxxxx at and for the consideration as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the District Sub Registrar Office South 24 Parganas at Alipore and recorded in Book No.I, Volume No.15, Pages 177 to 184, for the year 1971. AND WHEREAS the said Xxxxx Xxxxxx duly mutated her name in the office of the Kolkata Municipal Corporation and had been enjoying the said property free from all encumbrances by paying taxes to the Corporation in her own name. AND WHEREAS by a Deed of Sale in Bengali vernacular bearing the date of 11th August, 1992 corresponding to 26th Xxxxxxx, 1399 the said Xxxxx Xxxxxx sold transferred and conveyed the said property containing an area of land measuring 1 Cottah and 8 Chittacks as per physical verification more or less being premises no.12/2, Baishnabghata Bye Lane in favour of Xxx Xxxx Xxxxx Xxxxxxxx and Xxx Xxxxxxx Xxxxxxxx at and for the consideration as mentioned in the said Deed of Sale. The said Deed of Sale was registered in the office of the District Sub Registrar, Alipore South 24 Parganas and recorded in Book No. I, being No.13407 for the year 1992. AND WHEREAS the said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx duly mutated their name in the Assessment Registrar of the Kolkata Municipal Corporation in respect of the property purchased by them containing an area of 1 (One) Cottah 8 (Eight) Chittacks as per physical measurement and the Kolkata Municipal Corporation granted mutation in favour of said Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx and the said property of Xxxxxxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxx has been re-numbered as 12/2, Baishnabghata Bye Lane, vide Assessee No. 211000100564 as fully described in the Schedule ‘D-II’ therein. AND WHEREAS by a Deed of Amalgamation dated 10th day of July,2012 the present Owners herein duly amalgamated their respective properties and became the joint owners of the amalgamated property being ALL THAT piece and parcel of Bastu land altogether measuring 15 (Fifteen) Cottahs 10 (Ten) Chittaks 30 Chittacks 1 (ThirtyOne) Sft., (Sq.ft. be the same a little more or lessless with 600 (Six hundred) out Sq.ft. R.T.S. situated at C.S. Plot No.139, 134 appertaining to C.S. Khatian No.354, 189 in Mouza Xxxxxxxx Xxxxx, R.S. No.11, Touzi No.151, Kolkata Municipal Corporation Premises No.12, Baishnabghata bye lane (being the consolidated and amalgamated Premises Nos. 36C/1A Baishnabghata Xxxx, 00 Baishnabghata Bye Lane, 36C Baishnabghata Road, 36C/1 Baishnabghata Road, 12/4 Baishnabghata Bye Lane and 12/2 Baishnabghata Bye Lane), Police Station the then Jadavpore at present Patuli, Xxxx No.100 within the limit of Kolkata Municipal Corporation, District 24 Parganas (S) with all easement rights including right to use common passage and the said Deed of Amalgamation was registered in the office of the aforesaid total land lying Additional District Sub- Registrar, Alipore ,South 24 Parganas and situated was recorded in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. Book No. 1,Volume No. 25, R. S. Pages from 3467 to 3499 , Being No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part 05777 for the consideration and in the premises stated thereinyear 2012. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest Vendors herein are seized and possession in respect possessed of the property and otherwise well and sufficiently entitled to ALL THAT piece and parcel of Bastu land altogether measuring more or less 05 15 (FiveFifteen) Cottahs 10 (Ten) Chittaks 30 Chittacks 1 (ThirtyOne) Sft., morefully mentioned Sq.ft. be the same a little more or less with 600 (Six hundred) Sq.ft. R.T.S. comprising in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corpration situated at Kolkata Municipal Corporation under Assessee No. 311090871217 Premises No.12, Baishnabghata bye lane (after amalgamation), Police Station- Jadavpore at present Patuli, District 24 Parganas (S) and it has have been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, absolute peaceful and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area uninterrupted possession of the said complex, namely, “EDEN OXFORD PARK” is measuring property more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. fully described in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written below and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’)property. AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, the Owners/Vendors herein duly mutated their name with the Kolkata Municipal Corporation in favour respect of the said premises being amalgamated Premises No.12, Baishnabghata bye lane at Mouza – Baishnabghata, Touzi No.- 151, within the limit of Kolkata Municipal Corporation, Police Station- the then Jadavpore at present Patuli, District-24 Parganas (South), and is in khas possession free from all encumbrances by paying tax to the Municipality in their own name. AND WHEREAS the Owners/Vendors herein with a view to make construction of multistoried building for better utilisation of the property mentioned in the First Schedule below approached the above Developer vide Deed No. – 00504 for making construction of the year 2016, registered at proposed building in consideration as mutually agreed and settled between themselves in exchange of the office of A.R.said Property.

Appears in 1 contract

Samples: Deed of Conveyance

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SMT. XXXXXX XXX XXXNalini Xxxxxx Xxxxxxxx, wife 2)Xxxxxxxxx Xxxxxx Xxxxxxxx, 3)Xxxxxxxx Xxxxxx Xxxxxxxx, 4) Xxxxxxx Xxxx Xxxxx, 5) Xxxxxx Xxxxxxxxxx Xxxxxx through power of Xxxx attorney holder M/s Sai Group Developers through partner 1) Xxxxxxxx Xxxxxx Xxxxxxx, 2) Xxxxxxx Narsayya Jalla, 3) Xxxxxx Xxxxxxxx Karvasra, 4) Gopal Xxxxx Xxx Roy had been enjoying Xxxx, 5) Xxxxx Xxxxxx Malayya with consent of M/s Sai Group Developers through partner 1) Xxxxxxxx Xxxxxx Xxxxxxx, 2) Xxxxxxx Narsayya Jalla, 3) Xxxxxx Xxxxxxxx Karvasra, 4) Gopal Xxxxx Xxxx, 5) Xxxxx Xxxxxx Malayya sold the right, title, interest and possession in respect amenity space admeasuring to the extent of their remaining land 1121.58 sq.mtrs. or thereabout carved out of the said sanctioned layout Xx.0XXX/Xxxxx Xxxxxxx/ Xxxx Xxxx /X /Xx /0 / 0X/0xxxx/ XXxxxx/ 1555 dated 14/02/2008 area admeasuring 00 H.80 R. out of Survey No. 5 Hissa No.1B/1 total land of 09 Bighas 15 Kattahs appertaining area admeasuring 01 H. 23 R. to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by s Samarthshree Promoters and Developers through its sole proprietor XXXX XXXXXXX XXXXXXXX, son partner Xx. Xxxxxxxxxxx Xxxxxxx Dhoble vide sale deed and power of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ attorney dated 18/10/2012 which was are duly registered in the office of the D. S.R. – III, Sub-Registrar Haveli No. 15 at Xx.Xx. 9637/2012 & 9638/2012 respectively and names of M/s Samarthshree Promoters and Developers through its partner Xx. Xxxxxxxxxxx Xxxxxxx on 11/01/2007 and xxxx Dhoble is recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010as owner vide Mutation Entry No.12124 & 12622. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT all that piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) admeasuring 00 H. 01 R. i.e. 01 Xxxxxx assessed at Rs. 05=75 Ps. out of the aforesaid total land Survey No.5 Hissa No.1B/1 (New Survey No. 5/39) lying and situated in Mouza – Nayabadat Gram Panchayat Keshavnagar & village Mundhwa, P. S. – Purba JadavpurTaluka Haveli, X. X. NoDistrict Pune was initially owned and occupied by 1) Smt. 25Nalini Xxxxxx Xxxxxxxx, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five2) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxxxxx Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.Xxxxxxxx,

Appears in 1 contract

Samples: mediacdn.99acres.com

SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian X.X. Xxxxxx no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian X. X. Xxxxxxx no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian X. X. Xxxxxxx xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 6458 to 65416478, being Deed No. 09717 09719 for the year 2011, said M/s. M. M. Construction, therein xxxxxxx called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 08 (TenEight) Chittaks 30 20 (ThirtyTwenty) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian X. X. Xxxxxxx No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE NIRMAL COMPLEX PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 08 (TenEight) Chittaks 30 20 (ThirtyTwenty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/266/BLLRO/ATM/Kasba dated 24.01.2012 09.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090870651 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 297.213 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 149099 to 149084149112, bearing Deed No. 08703 08705 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 4277 to 1249274283, bearing Deed No. 07999 01432 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 297.213 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Brindaban Enclave Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2015120450 Dated 15.03.201616.02.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00092 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6539 to 6505 6571 entered between M/s. Xxxxxx Enclave Nirmal Complex Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R..

Appears in 1 contract

Samples: Agreement for Sale

SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 6437 to 65416457, being Deed No. 09717 09718 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 15 (TenFifteen) Chittaks 30 44 (ThirtyForty Four) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. X. XXXXXX ENCLAVE FINANCIAL & SERVICES PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 15 (TenFifteen) Chittaks 30 44 (ThirtyForty Four) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/405/BLLRO/ATM/Kasba dated 24.01.2012 20.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090870640 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. x. Xxxxxx Enclave Financial & Services Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 334.355 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 04.08.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 43900 to 14908443911, bearing Deed No. 08703 06218 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 04.08.2015 and duly recorded in Book No. - I, CD Volume No. 41901-2015, written in pages from 124918 43912 to 12492743921, bearing Deed No. 07999 06219 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 334.355 Sq. Mtr. Mtr with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Brindaban Enclave Private Limited, M/x. Xxxxxx Financial & Services s. Nirmal Complex Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2015120450 Dated 15.03.201616.02.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00093 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6572 to 6505 6604 entered between M/s. x. Xxxxxx Enclave Financial & Services Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 00502 for the year 2016, registered at the office of A.R.

Appears in 1 contract

Samples: Agreement for Sale

SMT. XXXXXX XXX XXXXxxxx Xxxxxx, wife Wife of Xxx Xxxxx Xxxxxx, 3) Xxx Xxxx Xxxxxx, Son of Xxx Xxxxx Xxxxxx and 4) Smt. Xxx Xxxxx, Wife of Xxxxxx Xxxxx from 1) Smt. Xxxx Xxxxx and 2) Smt. Xxxxxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect Xxx Xxxxxx Xxxxx Ghosh by four Deeds of their remaining land out of Sale dated 21.05.1992 and 20.05.1992 and the said total land Deeds were registered in Book No.I, Volume No.50, Pages 373 to 382, Being No.4155 for the year 1992 of 09 Bighas 15 Kattahs appertaining Additional District Sub- Registrar, Sonarpur; in Book No.1, Volume No.56, Pages 184 to R.S. Dag no – 191 under R.S. Katian no – 131 192 being No.4098 for the year 1992 of Additional District Sub-Registrar, Sonarpur; in Book No.1, Volume No.58, Pages 264 to 273, being No.4166 for the year 1992 of Additional District Sub-Registrar, Sonarpur and in Book No.1, Volume No.59, Pages 49 to 63 being No.4129 for the year 1992 of Additional District Sub-Registrar, Sonarpur respectively. AND WHEREAS by a Deed of Sale dated 20.04.1998 made between said 1) Xxxxx Xxxxxx 2) Smt. Xxxxx Xxxxxx 3) Xxx Xxxx Xxxxxx and 4) Smt. Xxx Xxxxx, therein jointly described as the Vendors therein and East India Engineering (P) Limited, therein described as the purchaser and for the consideration mentioned therein the said 1) Xxxxx Xxxxxx 2) Smt. Xxxxx Xxxxxx 3) Xxx Xxxx Xxxxxx and 4) Smt. Xxx Xxxxx sold, conveyed and transferred a demarcated portion of unto the said purchaser the said land measuring 1 Bigha, 2 Cottahs 8 Chittacks and 11 Sq.ft. be the same or a little more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXXcomprised in C.S. Dag Nos.262 and 266 under Khatian No.181 and portion of C.S. Dag Nos.267 and 269 under X.X. Xxxxxxx Nos.237 and 732 of Mouza – Xxxxxx, son of X.X. Xx.70, within Rajpur-Sonarpur Municipality, Holding Xx.000, Xxxxxx Xxxxxxxx Para, Xxxx Xxxxxx Xxxxxxx MajumderNo.26, to one M/S. M. M. CONSTRUCTIONPolice Station – Sonarpur, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘District South 24 Parganas and the said Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – INo.1, Volume no – 10No.12, written in pages from 4645 Pages 255 to 4663 270, being no. 05378 and No.2718 for the year 20101998 of District Sub-Registrar –IV at Alipore. AND WHEREAS since after such purchase the said M/S. X.X.XXXXXXXXXXXX, East India Engineering (P) Ltd. has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating mutated its name in respect of the schedule aforesaid property before in the authority records of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 the Rajpur-Sonarpur Municipality and 1736 / 2010 respectively without any interference from othersit has been assessed as Holding No.139, Xxxxxx Xxxxxxxx Para, Xxxx No.26. AND WHEREAS while by a Deed of Sale dated 17th day of July,2003, the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , East India Engineering (hereinafter referred to as the ‘Total Land’P) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, Ltd. sold, transferred and conveyed and transferred the aforesaid property free from all encumbrances comprising with ALL THAT piece and parcel of land total measuring 05 1 (FiveOne) Cottahs 10 Bigha, 2 (TenTwo) Chittaks 30 Cottahs, 8 (ThirtyEight) Sft., (Chittacks and 11(Eleven) Sq.ft. be the same or a little more or less) out of the aforesaid total land lying less with structure standing thereon comprised in C.S. Dag No.262 and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said respective pieces or parcel of land are contiguous and adjacent to each other and each of the parties for the sake of convenience agreed to erect a single common boundary wall in and around all the said six plots of land and to form the said pieces of land into a ‘Building Complex’ comprising of all six blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS said Vendor has decided to build and construct on its Plot mentioned herein above, a building containing self-contained residential apartments and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS the said Confirming Parties have also decided to construct on the plot belonging to each of them, a separate building on their respective plots containing independent self-contained residential flats/ units and other areas with the intention to sell and transfer the same to the intending purchasers. AND WHEREAS for the sake of convenience of use and enjoyment of the said respective building to be built by Vendor the respective and Confirming Parties and the said Vendor and the said Confirming Parties have agreed to provide passages to be used in common by the Occupiers / Owners of the respective flats of the respective buildings and also to provide common conveniences for ingress and egress from the respective building through the areas of common passages agreed to be provided by the said Vendor and Confirming Parties. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. AND WHEREAS the said Confirming Parties have also obtained respective building plans duly sanctioned by Kolkata Municipal Corporation and they have also decided to construct buildings on their respective plots of land owned by the each of them with the intention to sell and transfer the same to the intending purchasers and to deal with the flats of the building without any objection claim disputes by the others save that the respective flat holders of the building to be constructed by the said Confirming Parties also would be given the rights and benefits to use in common the passage and paths, common facilities, amenities, etc. agreed to be provided by the Vendor, Developer and the Confirming Party for the convenience of enjoyment and use and benefits of the flat holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the said Vendor, Confirming Parties and Developer have agreed to give rights and benefits to use common passage and paths, driveway, ingress, egress, common facilities, amenities, Open Space etc. to the flats owner of all the 6 Blocks for the convenience of enjoyment and use and benefits of the flat owners of the all the respective buildings. It is also agreed among Vendor, Confirming Parties and Developer that the Common Areas, Common facilities of the respective block shall be shared by the flat owners of all the 6 Blocks and the Allottee herein agrees for the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.266 under

Appears in 1 contract

Samples: Deed of Conveyance

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