AND WHEREAS the Vendor No. 2 i.e. XXX XXXXX XXXXXXX, Son of Xxx Xxxxx Xxx Xxxxxxx, as named herein above became the absolute owner in possession of all that 8.73 Kathas of land appertaining to and forming part of L.R. Plot Nos.190 & 194 corresponding to R.S. Plot Nos.68 & 71, recorded in Khatian No.448 (New) & 27 (old), within Mouza Baragharia, X.X. Xx.82, under X.X. Xxxxxxxx, Dist. Darjeeling by virtue of purchase for valuable consideration from Shelcon Properties (P) Ltd., a private limited company having its registered office at Hill Cart Road, Siliguri, through a Deed of Conveyance being document No.I-1463 for the year 2015 registered at the office of the Addl. Dist. Sub- Registrar, Siliguri-II at Bagdogra. And moreover after purchasing the land as mentioned above the above named Vendor No.2 has duly mutated and recorded his name in respect of the said land at the office of the X.X. & L.R.O. Matigara at Shivmandir and accordingly a new L.R. Khatian being No.1905 has been opened in his name by the said authority.
AND WHEREAS the Vendor No. 2 hereto referred above has become the absolute owner in khas, actual and physical possession of all that 0.25 Acre of land within Mouza Bairatishal, under X.X. Xxxxxxxx, Dist. Darjeeling as described in the Schedule –“B” herein below by way of purchase from Smt. Xxxxxxx Xxxxxx, Wife of Xxxxx Xxxxxx, and others, through a Deed of Conveyance executed on 15.12.2006 and finally registered on 29.03.2012 at the office of the Addl. Dist. Sub-Registrar, Siliguri-II at Bagdogra, being document No.I-02883 for the year 2012 (recorded in Book No. I, CD Volume No.8, Page from 2166 to 2180) and Vendor No.2 hereof has also duly mutated and recorded his name in the X.X. XXX and accordingly L.R. Khatian being No.6056 has been opened in his name by the appropriate authority.
AND WHEREAS the Vendor No. 1 Smt. Xxxxxx Xxxxxxx purchased a plot of land measuring an area of 1 (one) Cottah 15 (fifteen) Chittacks 38 (thirty eight) sq. ft. more or less, lying and situated at Mouza - Sultanpur, X. X. No. 10, R. S. Nos. 148, Touzi No. 173, comprised in R. S. Dag No. 1806/2115, under Khatian No. 342, within the jurisdiction of Dum Dum Police Station, within the local limits of North Dum Dum Municipality, presently in the District of North 24-Parganas, which is morefully mentioned in the Part - VI of the First Schedule hereunder written from Smt. Xxxxxx Xxxx Xxx by virtue of one Deed of Bengali Saf Bikray Kobala duly registered before the Sub-Registrar at Cossipore Dum Dum and recorded in Book No. 1, Volume No. 112, pages 191 to 202, Being No. 4157, for the year 1987 against valuable consideration mentioned thereon. AND WHEREAS by virtue of aforesaid Saf Bikray Kobala, the Vendor No. 1 Smt. Xxxxxx Xxxxxxx became the sole and absolute owner of the said property and mutated her name in the records of local North Dum Dum Municipality and obtained Holding No. 155 (1472), Xxxxxxxx Xxxxx and is paying municipal taxes in her name as absolute owner and occupier thereof and is now seized and possessed of and / or otherwise well and sufficiently entitled to the said property and enjoying the same peacefully, freely, absolutely and without any interruptions from any corners together with absolute right title and interest to sell, convey and transfer the same. AND WHEREAS in that circumstances, the Vendors herein became the joint owners of the specific land as per physical measurement 21 (Twenty One) Cottahs 6 (Six) Chittacks 32 (Thirty Two) Sq.ft. more or less, morefully mentioned in the Part - VII of the First Schedule hereunder written and possessed of and / or otherwise well and sufficiently entitled to the said property and enjoying the same peacefully, freely, absolutely and without any interruptions from any corners together with right to sell, convey and transfer the same to any intending buyer or buyers at any consideration or under any terms and conditions as the Vendors will think fit and proper.
AND WHEREAS the Vendor No. 1 by virtue of the delegation of Power made by Vendor No. 2 to 8 had undertaken all relevant steps for construction of the complex in accordance with the approval order issued by the Bhubaneswar Municipal Corporation vide its letter No. Dated granting permission for construction of a Multi - storied building comprising B+5 storied residential building utilizing absolutely its own resources and the multi-storied residential apartment has since been completed. AND WHEREAS on the basic of arrangement enumerated in details above, the Vendor No 1 has acquired absolute right, title and authority and has the competency to transfer by way of sale specified No. of flats in the complex. Thus, Vendor No. 1 has been selling the ready built flats which are very much functional pertaining to its allocation by way of registered Sale Deed in favour of the Allottees.
AND WHEREAS the Vendor No. 5 i.e. Xxx Xxxxxxx Xxxxxxx, Son of Late and his wife namely Xxx. Xxxxxxx Xxxxxxx (since deceased) became the absolute co- owners in khas, actual and physical possession of all that 8.37 Kathas or about 0.1381 Acre of land appertaining to and forming part of L.R. Plot Nos.190 & 194 corresponding to R.S. Plot Nos.68 & 71, recorded in the then Khatian No.448 (New) & 27 (old), within Mouza Baragharia, X.X. Xx.82, under X.X. Xxxxxxxx, Dist. Darjeeling, by virtue of purchase for valuable consideration from Shelcon Properties (P) Ltd., a private limited company having its registered office at Hill Cart Road, Siliguri, through a Deed of Conveyance being document No.I-682 for the year 2015 registered at the office of the Addl. Dist. Sub-Registrar, Siliguri-II at Bagdogra. And moreover after purchasing the land as mentioned above the above named Xxx Xxxxxxx Xxxxxxx and his said wife have/had duly mutated and recorded their names in respect of the said land at the office of the X.X. & L.R.O. Matigara at Shivmandir and accordingly two new separate L.R. Khatian being No.1821 & 1822 have been opened in their respective names by the said authority. AND WHEREAS subsequently on 10.03.2019 above named Xxxxxxx Xxxxxxx, W/o Xxx Xxxxxxx Xxxxxxx, died intestate leaving behind her husband i.e. said Xxx Xxxxxxx Xxxxxxx and her two minor sons namely Master Xxxxxxxxx Xxxxxxx and Master Xxxxx Xxxxxxx as her sole legal heirs and successors who accordingly jointly inherited the undivided 50% share in said 8.37 Kathas or about 0.1381 Acre of land which is measuring about 4.185 Kathas or 0.06905 Acre, as per the provisions of the Hindu Succession Act, 1956. It is pertinent to mention here that Xxx Xxxxxxx Xxxxxxx had been appointed as the Guardian of the person and property of said two minor sons namely Master Xxxxxxxxx Xxxxxxx and Master Xxxxx Xxxxxxx by the Court of the Ld. District Judge, Darjeeling in reference to Act VIII Case No.10/2019 vide order dated 11.11.2019 within the purview of U/Sec 10 of Guardian and Wards Act, 1890.
