AND WHEREAS the said Smt. Xxxx Xxxx Xxx executed a ‘WILL’ before her death and Sri Xxxxxxxx Xxxx Xxx, husband of Smt. Xxxx Xxxx Xxx obtained probate from the Ld. Court as per terms and condition of the above said Xxxx and he became sole a nd absolute owner of the above said property measuring 22 Cottahs 3 Chittacks 15 sq.ft. more or less and enjoyed the said property and seized and possessed of or otherwise well and sufficiently entitled to the said property free from all encumbrances.
AND WHEREAS the said Smt. Bina Pani Xxx executed a ‘WILL’ before her death and Sri Rabindra Xxxx Xxx, husband of Smt. Bina Pani Xxx obtained probate from the Ld. Court as per terms and condition of the above said Will and he became sole and absolute owner of the above said property measuring 22 Cottahs 3 Chittacks 15 sq.ft. more or less and enjoyed the said property and seized and possessed of or otherwise well and sufficiently entitled to the said property free from all encumbrances.
AND WHEREAS the said Smt. Xxxxx Xxx, the Owner herein desire to promote her Said Land and property but due to paucity of fund, the Owner herein entered into a Development Agreement on 07/09/2016 before the office of the A.R.A.- I, Kolkata and recorded in Book No. I, Volume No. 1901-2016, Pages from 227715 to 227757, Being No. 190106860 for the year 2016 to promote her Said Property with XXX XXXXXX XXXXXXX, the Developer herein, and said Owner herein also executed and registered a General Power of Attorney unto and in favour of the said XXX XXXXXX XXXXXXX, son of Late Xxxxxxxx Xxxxx Xxxxxxx, which was duly registered on 13/09/2018 before the office of the A.R.A.- III, Kolkata and recorded in Book No. IV, Volume No. 1903-2018, Pages from 174355 to 174378, Being No. 190306085 for the year 2018. AND WHEREAS as per the said Development Agreement and Power of Attorney the said Developer on behalf of the Owner/Vendor duly got sanctioned a Building Plan No. 2019120052 dated 27/06/2019 for construction of G+III storied building for residential purposes at the said premises at the cost of the Developer.
AND WHEREAS the said Smt. Susama Sundari Xxxx during the course of her enjoyment of the aforesaid land constructed one storied brick built building on a portion thereof and started to enjoy the same as the residential building for herself and other members of her family by paying relevant taxes to the authority concerned since then and her aforesaid property known, recorded and numbered as Premises No. 240/5, S. K. B. Sarani (formerly known as 000/0, Xxxxxxx Xxxxxx), Xxxxxxx – 700 030. AND WHLEREAS the said Smt. Susama Sundari Xxxx owing to her lawful reasons and urgent requirement of money sold and transferred her said land measuring more or less 3 (Three) Cottahs 8 (Eighlt) Chittaks 1 (One) Square Feet together with one storied building thereon being Premises Xx. 000/0, X.X.X. Xxxxxx, Xxxxxxx – 700 030 unto and in favour of Smt. Xxxxx Xxx by a registered deed of sale dated 21.08.1991 and registered in the office of the Additional District Sub-Registrar of Cossipore Dum Dum and recorded therein as Deed No. 4555 in Book No. I, Volume No. 106 at Pages from 299 to 308 for the year 1991 for valuable consideration mentioned therein.
AND WHEREAS the said Smt. Xxxxx Xxxxxxxxx and Sri Xxxxxxx Xxxxx Xxxxxxxxx sold the said property inclusive of the ownership and the tenants inclusive of the right to collect the rent with right of atonement in favour of Xxxxx Xxxx Xxx, Xxxxx Xxxxxxx Xxx and Xxxxxxxxx Xxxxx Xxxxxx by virtue of a Registered Deed of Sale being Deed No. I-4275 for 2005 registered in the Office of the ADSR, Burdwan and from then on the said Xxxxx Xxxx Xxx, Xxxxx Xxxxxxx Xxx and Xxxxxxxxx Xxxxx Xxxxxx became the owners of the property and the landlords of the existing tenants with the absolute and sole right and authority to collect the rents from the tenants of the property. AND WHEREAS the present OWNER No. 1 and 2 namely Xxxxx Xxxx Xxx and Xxxxx Xxxxxxx Xxx and the erstwhile owner cum predecessor of the present OWNER No. 3 and 4 namely Xxxxxxxxx Xxxxx Xxxxxx since their time of purchase, became absolute owner & possessor of the scheduled property & got his name recorded in the X.X. record of rights & mutated their names in the office of the Burdwan Municipality & are paying and revenues and taxes of the scheduled property accordingly and accordingly started the process to discharge their legal obligations of payment of Govt. rents etc. in the name on appropriate receipt thereof and thereby have acquired absolute title in the said property to which they are entitled. AND WHEREAS the aforesaid Xxxxxxxxx Xxxxx Xxxxxx died intestate on 26/06/2018 at Global Hospital, Mumbai leaving behind his widow namely Xxx. Xxxxxx Xxxxxxxxx Xxxxxx, Wife of Late Xxxxxxxx Xxxxx Xxxxxx, by faith- Hindu, by occupation- Housewife, by Nationality – Indian at present residing at B.C. Road, Barabazar, P. O.- Rajbati, P.S – Burdwan, District – Purba Burdwan, West Bengal, Pin -713104 and his son namely Mr. Xxxxx Xxxxxxxx Xxxxxxx, Son of Late Xxxxxxx Xxxxx Bharte, by faith- Hindu, by occupation- Business, by Nationality – Indian at present residing at B.C. Road, Barabazar, P.O.- Rajbati, P.S. – Burdwan, District – Xxxxx Xxxxxxx, West Bengal, Pin - 713104 as his legal heirs and successors as the provisions of the Hindu Succession Act, 1956 and as the legal heirs and successors the said Xxx. Xxxxxx Xxxxxxxxx Xxxxxx and Mr. Xxxxx Xxxxxxxxx Xxxxxxx equally inherited 50% i.e., Half Share each individually in respect of the entire property left by the said Late Xxxxxxx Xxxxx Xxxxxx and together they became the rightful owners of the properties of the said Late Xxxxxxx Xxxxx Xxxxxx. Subsequently they mutated their names in L.R. Khatian N...
AND WHEREAS the said Smt. Laxmi Rani Chanda and Sri Raju Chandra after having the peaceful and vacant possession of the said shop they have mutate and recorded their name in the record of B.L. & L.R.O Rajarhat vide L.R. Khatian No. 3948, 3947 and paying the taxes accordingly.
AND WHEREAS the said Smt. C was in the possession of the said house at the time of the death of B and continues to be in possession of the said house and she has demanded the payment of dower debt of Rs. ............. payable to her from the said Xxxx X, who is entitled to succeed the said house as only legal heir of the said B.
AND WHEREAS the said Smt. C has obtained the independent legal advice from her legal advisers and her brothers, etc. and after considering and understanding the same has given her consent to the settlement.
