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Ananta Naskar - Agreement For Sale

agreement for sale
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0% found this document useful (0 votes)
46 views10 pages

Ananta Naskar - Agreement For Sale

agreement for sale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE MADE on.......... day of September,2021


(Two thousand Twenty One).

BETWEEN

1. SRI BAIDYA NATH DAS,PAN NO – AGCPD8766G, AADHAAR NO –

716188360237 , S/O Sadhan Chandra Das, by Occupation -Business , 2.

SMT. ATRIYE DAS, PAN NO – ARZPD7492H , AADHAAR NO –

274598388005,W/O Baidya Nath Das, by Occupation -.Housewife,


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3. SRI. SANJIB DAS, PAN NO – AJYPD1567C, AADHAAR NO –

453815086243,S/O Sadhan Chandra Das, by Occupation -Business , 4.

SMT. SUDARSHANA DAS, PAN NO – AUXPD2755L,AADHAAR NO –

503604578805 ,W/O Sanjib Das, by Occupation -Housewife, All are residing

at32/3,Kamini School Lane, P.S Malipanchghora,Salkia, Dist–Howrah-

711106, hereinafter called and referred to as the “OWNERS/VENDORS”

(Which expression shall unless excluded by or repugnant to the subject context

or meaning thereof be deemed to mean and include his heirs, Successors,

Executors, Administrator, Legal representatives and Assigns) of the FIRST

PART;

AND

SRI. ANANTA NASKAR, PAN NO – , AADHAAR NO –

,Son of Late PanchananNaskar, by Occupation –

Business, Residing at Anandanagar, P.O. Anandanagar, P.S Bally, Dist. –

Howrah, hereinafter called the “PURCHASER” (which expression shall unless

excluded by or repugnant to the subject context or meaning thereof be deemed

to mean and include his heirs, Successors, Executors, Administrator, Legal

representatives and Assigns) of the SECOND PART;

WHEREAS ALL that piece and parcel of commercial pucca structure that will

be used for business purpose, in the newly constructed building, measuring

about 1081 Sq. Ft. excluding super built-up area situated within Howrah

Municipal Corporation Holding No. 3, Ghosh Para Lane, Post Office - Salkia,

Police Station – Malipanchghora, District – Howrah – 711106 under H.M.C


3

Ward No. 3, which is more fully defined and illustrated under this agreement

for sale is the subject matter of this agreement for sale.

AND WHEREAS one Nader Chand Sadhukhan was actual owner of All that

bastu land measuring about more or less 2(Two) cottah9 (Nine) Chittack 1

(One) Sq. Ft. with old and dilapited structure situated at 3, Ghosh Para Lane,

Post Office - Salkia, Police Station – Malipanchghora, District – Howrah –

711106 with all the easement and appurtenant rights by the dint of one

registered Deed of Partition which is executed on 22/08/1958 and during the

enjoyment and peaceful possession of the said property said Nader Chand

Sadhukhanhad been died and leaving behind his three sons namely,

Gangadhar Sadhukhan, Gobinda Sadhukhan and Gopal Chandra

Sadhukhanas his only legal heirs and they all became the absolute owner and

occupier of total property as mentioned in the First Schedule property.

AND WHEREAS during the peaceful possession and occupation of the First

schedule mentioned property for necessity of money on 30/11/1964

Gangadhar Sadhukhan, Gobinda Sadhukhan and Gopal Chandra Sadhukhan

sold the said first schedule mentioned property to Jatindra Nath Mayur and

Renuka Rani Meyur by dint of Deed Sale which has been registered before the

Sadar Joint Sub-Registrar Office at Howrah and recorded in Book No. I,

Volume No – 3, Pages – 288 to 293, Being No. 632 for the year 1964.

AND WHEREAS during the peaceful possession and occupation of the First

schedule mentioned property said Jatindra Nath Mayur died on 1987 and said

Renuka Rani Meyur died on 1989 and after their demise their only daughter

namely Mina Rani Mayur as only legal became absolute owner and occupier in

respect of said First Schedule mentioned property.


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AND WHEREAS for necessity of money said Mina Rani Mayur as a owner

and occupier decided to sale her All that Bastu land measuring about more or

less 2(Two) cottah9 (Nine) Chittack 1 (One) Sq. Ft. with old and dilapited

structure situated at 3, Ghosh Para Lane, Post Office - Salkia, Police Station –

Malipanchghora, District – Howrah – 711106 under H.M.C. Ward No.3 as

mentioned in First schedule below and the present vendors herein agreed to

purchase First schedule mentioned property and which is registered before the

office of District Sub-Registrar, Howrah West Bengal by a registered Deed of

Conveyance being Book No. I, Volume No. ............, Page from .............

to ...................... being Deed No. 8252 for the year 2010 on dated 13/08/2010

and the vendors herein became the absolute owner and occupier of said First

Schedule mentioned property and since then they are in possession and

occupation of the same and after purchasing the said property the vendors

herein mutated their names in the record of Howrah Municipal Corporation.

AND WHEREAS the purchaser herein is old tenant, occupant and is in

possession of all that land 1(One) cottah 8 (Eight) Chittack 1 (One) Sq. Ft. i.e.,

1081 sq. ft. with Factory shed structure for long period of time and running

his business for long times without any interruption and now for the purpose

of development the vendors herein make a proposal to the purchaser to sale

out all that pucca structure used for commercial purpose more or less

measuring about 1081 Sq. Ft. excluding the super built up area @ Rs. 1000/-

per Sq. Ft. (the amount of each sq. ft was amicably settled and was agreed

upon by both the parties) in the new constructed building and handover the

possession of the occupied portion i.e., part of the ground floor, in favour of the

vendors for constructing new multi-storied building and the purchaser herein

accepted the said proposal on the total consideration price of Rs. 10,81,000/-

(Rupees Ten Lakhs Eighty One Thousand) only being the highest as
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reasonable market price and have agreed to transfer the said property on the

following term and condition to the purchasers.

AND WHEREAS the said second schedule property is free from all

encumbrances and charges and the vendors have agreed to execute and

indenture of sale being these presents in favour of the purchaser in the manner

hereinafter appearing.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES


HERETO ON THE FOLLOWING TERMS AND CONDTIONS: -
a) That the purchaser has agreed to purchase the property in Second schedule
property below from the vendors who has authority to execute the
agreement for sale with the intending purchaser.
b) That the vendors have agreed to sale and the purchaser have agreed to
purchase the said Second schedule property hereunder hereinafter referred
to as the said property as an absolute estate of fee simple in possession and
free from all encumbrances at a total consideration of Rs. 10,81,000/-
(Rupees Ten Lakhs Eighty One Thousand) @ Rs.1000/- (Rupees
Thousand only) per sq. ft. being the highest and reasonable market price
of the said property.
c) That the purchaser shall handover the possession of the tenanted portion in
favour of the vendor for constructing new masonry building and the vendors
shall rehabilitate and executing Deed of Conveyance in favour of the
purchaser in respect of second schedule mentioned property within one year
from the date of this agreement.
d) That vendors shall pay Rs. 15,000/- (Rupees Twelve Thousand only) every
month to the Purchaser as shifting charges till date of rehabilitation and
handover the possession of the second schedule mentioned property
described in below. In case the vendors fail to pay the aforesaid amount
then the Purchasers will have all the right to approach the appropriate
forum for redressal of dispute.
e) That the purchaser after handover the occupied portion in favour of vendor,
the purchaser shall always co-operate with the vendors for constructing new
masonry building.
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f) That the new structure of second schedule mentioned property should be


made of 12 Ft. height in the new constructed building.
g) That if a good marketable title is made out and the property is found to be
free from all encumbrances, lien, attachment and charges and other claims
and demands which is not effected by any notice or scheme or acquisition or
requisition the vendors shall execute a proper conveyance in favour of the
purchaser or their nominee or nominees or assigns and shall make such
other person or persons, if necessary, to pay and convey absolute title unto
the purchasers or to redeem any change or encumbrances.
h) That if a good marketable title is not made out or the property found to be
subject to encumbrances, attachments or rescind this agreement, in that
event this Agreement for Sale shall be treated as cancelled and the vendors
shall be bound to refund the said entire earnest money with interest
immediately to the purchaser.
i) That if the vendors fail or neglect to complete the sale out one or more of the
obligations on their part as hereunder provided or otherwise required by law
the purchaser will be at liberty to enforce specific performance of agreement
by institution of legal proceedings or at his option may sue upon the
vendors for recovery of the earnest money with interest, cost and other
relief.
j) That the purchaser has already in possession and occupation in the second
schedule property for long period and the vendors shall executed Deed of
Conveyance in favour of the purchaser within stipulated time of one year
from the date of this Agreement after receiving the remaining consideration
price from the date of execution of Deed of Conveyance.
k) That this agreement shall be valid up to one year from the date of this
agreement, the purchaser shall make arrangement for execution or
registration of the deed of Conveyance and if any case, the purchaser
refused to purchase the same, this agreement shall be treated as cancelled
and the vendor shall be under obligation to refund the advanced money to
the purchasers hereof after deducting damage charges.
l) That the said second schedule mentioned property is used for commercial
factory purpose.
m) That the property mentioned in second schedule herein below is absolutely
free from all encumbrances from alien, attachment and charges and other
claims and demands which is not affected by any notice or scheme or
acquisition or requisition in any manner whatsoever.
7

n) That except for the property mentioned in the second schedule the
purchaser shall have no further demands or any claims whatsoever in
future from the vendors.

FIRSTSCHEDULE PROPERTY ABOVE REFERRED TO

ALL THATpiece and parcel of BastuLand 2(Two) cottah9 (Nine) Chittack 1


(One) Sq.Ft. with old and dilapited structure within Dag No. 21, Khatian No.
21, Mouza - Malipanchghora, J.L. No. ..........., situated at Premises No. 3,
Ghosh Para Lane, Post Office - Salkia, Police Station – Malipanchghora, District
– Howrah – 711106 under H.M.C. Ward No.3 within the jurisdiction of District
Sub-Registrar and Additional District Sub-Registrar at Howrah, being butted
and bounded as hereunder: -

ON THE NORTH: House of Dr. Sushil Mukherjee.

ON THE SOUTH: House of Himangshu Samanta.

ON THE EAST: House of Uma Mukherjee and others.

ON THE WEST: Ghosh Para Lane.

SECONDSCHEDULE PROPERTY ABOVE REFERRED TO

ALL THAT piece and parcel of pucca commercial structure measuring about
1081 Sq.Ft. including 20 percent super built-up area, under Howrah Municipal
Corporation Holding No. 3, Ghosh Para Lane, Post Office - Salkia, Police
Station – Malipanchghora, District – Howrah – 711106 under H.M.C Ward No.
3 more fully delineated with RED border in the plan annexed herewith all sorts
of easement, amenities, hereditaments. Privileges and appurtenances annexed
therewith and together with undivided proportionate share of the land as
mentioned in the first schedule herein within the jurisdiction of District Sub-
Registrar and Additional District Sub-Registrar at Howrah, being butted and
bounded as hereunder: -

ON THE NORTH:
ON THE SOUTH:
ON THE EAST:
ON THE WEST:
8

SCHEDULE C ABOVE REFERRED TO

(Common parts and areas)

1) Common passage and lobby on the Ground floor.


2) Water pump, water tank, pipe on other common plumbing installations.

3) Drainage and sewers, septic tank etc.

4) Pump house, meter room.

5) Boundary wall and main gate.

6) Water reservoir (underground and overhead).

[7)] Such other common parts. areas, equipments, installations, fixtures,

fittings and spaces on or about the said building as are necessary for the

purpose of the user and occupier of the said units in common.

IN WITNESS WHEREOF parties hereto have set and subscribed their


respective hands on this day, month and year as entered upon.

WITNESES: -

1.

2.

......................................
.... SIGNATURE OF THE
FIRST
PARTIES/VENDORS
9

.........................................
SIGNATURE OF THE SECOND
PARTY/PURCHASER.

Prepared in my office and

Drafted by me.

Advocate
10

MEMO OF CONSIDERATION

RECEIVEDRS. 5,000/- (rupees Five Thousand only) through Cheque being

no. , Dated – 17/09/2021, drawn on PNB out of total Consideration price

of Rs. 10,81,000/- (Ten Lakh Eighty One Thousand only) from Purchaser as

earnest money.

WITNESES: -

1.

2.

..........................................
SIGNATURE OF THE FIRST
PARTIES/VENDORS.

..........................................
SIGNATURE OF THE SECOND
PARTIES/VENDORS.

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