AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.
Appears in 3 contracts
Samples: Deed of Conveyance, Deed of Conveyance, Deed of Conveyance
AND WHEREAS. the Thane Municipal Corporation has Developer herein with a view to develop the said land by its order dated 27/9/1989 sanctioned & approved building way of construction consists of numbers of flat, in the G+4 storied building, formulated scheme and necessary plans on application and specification for the purpose of construction of the vendors in respect said apartment building which has been sanctioned and approved by the competent authority. AND WHEREAS under the aforesaid Development Agreement the Owners specifically granted right to the Developer to enter into Agreement for sale of Flat or portion of the property described building and further more by a separate Development Power of Attorney executed immediately after the execution of the said Development Agreement, the Owners authorize the Developer to sell and transfer all the flats and portion of the building and enter into all contracts and agreement in schedule hereunderconnection thereof to any intending Purchaser or Purchasers save and except the allocated portion of the Vendors in terms of the Development Agreement dated 15.02.2019. AND WHEREAS by the Development Agreement dated 15.02.2019 the Developer have been empowered to build the proposed building upon the said land in accordance with the sanctioned plan or enter into any contract or agreement with the intending Purchaser/s or take advance from the said intending Purchaser/s against the respective unit and also Developer have been empowered to collect the consideration money from the sale of Developer’s allocation as well as Owner’s allocation also from the intending Purchaser/s and issue money receipt in their own name and moreover take advance of consideration money from the intending Purchaser/s for Developer’s allocation as well as Owner’s allocation also. AND WHEREAS by virtue of the said Development Agreement and vested power the Developer has taken delivery of peaceful and khas possession of the land as specifically mentioned in the Schedule ‘C’ hereunder written. AND WHEREAS on being empowered and authorized by the Owner, the Developer herein started construction of the said proposed building upon the said land as per Plan sanctioned and approved by the District Engineer N-24 Parganas Zilla Parishad on 05.09.2019 and also sanctioned and approved by the Executive Officer, Rajarhat Panchayat Samity on 17.09.2019 by virtue of approval order no. 2828/ Rht. AND WHEREAS in terms of the said Development Agreement and as per said sanctioned building plan, the Developer started the remaining work of the said building which is now going in progress. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Developer and Xxxx Xxxxx Xxxxxxxxx as his only heirs the Owner declare and legal representatives according to the Shia Muslim Law by which confirm that the said Xxxxxxxxx was governed at the time Flat/Unit/ Car Parking Space is forming part of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoDeveloper's Allocation. AND WHEREAS the Owners and the Developer are fully competent to enter into this Agreement and all legal formalities with respect to the right, title and interest of the Promoter regarding the said partnership firm M/x. Xxxxxxxx Enterprises Land, have been completed. AND WHEREAS Subsequent to the commencement of the Act, the Developer has been converted into a Limited Company registered the Project under the provisions of Companies Actthe Act with the West Bengal Housing Industry Regulatory Authority at North 24 Parganas under registration no. -------- issued by the authority in response to its Application dated --. AND WHEREAS the residential Flat being no. , 1956 on the floor, side, of the building namely SHUBHECCHA situated at situated at Nikunja Sen Sarani, Bhatenda East, School Road, Kolkata – 700135, measuring more or less sq. ft. Super built up area (comprising of Plinth area which also includes proportionate staircase and lobby, tanks and 25% over and above the Registrar plinth area for open space, boundary, drain etc.) consisting of Company3 Bed Room, Mumbai1 Drawing cum Dining Space, Maharashtra has issued a Certificate 1 open Kitchen, 2 Toilets and 1 Balcony with Vitrified Tiles flooring and Lift facility of Incorporation bearing No.00-0000000 the Multistoried Building more fully described in the Schedule ‘D’ (PART I), hereinafter referred to as the said “residential Flat” at or for the consideration of 1997 dated 15.05.1997 thereto registering Rs. only and one Car Parking Space no. measuring Sq. ft. more or less on the name Ground Floor more fully described in the Schedule ‘D’ (PART II), “hereinafter referred to as the said Car Parking Space” at or for the consideration of Rs. /- only more fully described in the Schedule ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. D’, “hereinafter referred to as the said residential Flat and by virtue Car Parking Space” and along with the undivided proportionate share of which land more fully described in the Schedule ‘C’, including all the assets, liabilities rights to use as common service - areas and obligations common parts / Amenities of the said partnership firm M/x. Xxxxxxxx Enterprises vested building, more fully described in the said company Deshmukh Builders and Developers PvtSchedule ‘E’ & ‘F’ respectively, as per provisions of the West Bengal Apartments Ownership Act, 1972 at or for the consideration of Rs. Ltd. only. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 Purchasers have taken inspection of the Companies Acttitle deed, 1956 for sanctioning sanctioned plan and all other relevant documents including layout as aforesaid and have made all necessary searches and are fully satisfied with the plan and marketable title of the Scheme of Amalgamation Owner’s land and the Purchasers having been spontaneously agreed not to raise any objection and / or make any other query with regard thereto and having been satisfied and considering the price and / or consideration of the Company herein with Modern Tiles Co. Pvtaforesaid residential Flat being the fair market price and the Purchasers approached the Developer / Confirming Party for purchase of the mentioned residential Flat at or for the consideration of Rs. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063only.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Owners/Promoters have appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Owners/Promoters accept the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings or as may be mutually agreed provided, however, that the Owners/Promoters reserve the right to change the said Architect and Structural Engineers at any time before the completion of the Project; AND WHEREAS on demand from the Allottee/s, the Owners/Promoters have given inspection to the Allottee/s of all the documents of title relating to the said project land and the plans, designs and specifications prepared by its order the Promoter's Architects Messrs A. Y. Chaudhary and of such other documents as are specified under the Real Estate (Regulation and Development) Xxx 0000 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the facts and circumstances pertaining to the title of the Promoters as owners are set out / disclosed in the Certificate of Title dated 27/9/1989 issued by the Promoter’s Advocates’, , a copy whereof is annexed hereto as Annexure “A”; AND WHEREAS the authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoters to the said project land on which the Unit/s is/are constructed or is/are to be constructed have been annexed hereto and marked as Annexure 'B'. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked Annexure C-1. AND WHEREAS the authenticated copies of the plans of the building/s as proposed by the Promoters and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project Land have been annexed hereto and marked as Annexure C-2. AND WHEREAS the authenticated copies of the layout plan of the Unit agreed to be purchased by the Allottee/s, as sanctioned & and approved by the local authority have been annexed hereto and marked Annexure D. AND WHEREAS the Promoters/Owners shall implement the construction of the said unit in accordance with the sanctioned/revised sanctioned building plans on application and specification, fixtures, fittings and amenities as agreed to and mentioned / enumerated in Annexure E written hereunder (the said “SPECIFICATIONS” for short). AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while developing the said project land and the said building and upon due observance and performance of which only the vendors completion or occupation certificates in respect of the property described in schedule hereundersaid building/s shall be granted by the concerned local authority. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out Promoters have accordingly commenced construction of the said entire land more particularly described building/s in accordance with the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretosaid sanctioned plans. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations carpet area of the said partnership firm M/x. Xxxxxxxx Enterprises vested in Unit is square meter and "carpet area" means the net usable floor area of an unit, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 Unit for exclusive use of the Companies Act, 1956 Allottee or verandah area and exclusive open terrace area appurtenant to the said Unit for sanctioning exclusive use of the Scheme of Amalgamation Allottee, but includes the area covered by the internal partition walls of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063unit.
Appears in 1 contract
Samples: Articles of Agreement
AND WHEREAS. accordingly Land Owners offered the Thane Municipal Corporation has DEVELOPER to develop the said land by its order dated 27/9/1989 sanctioned & approved raising a new multi - storied building plans on application of the vendors “First” Schedule land. AND WHEREAS being offered so the Developer enquired about the VENDORS title and possession in respect of the said land and on searching and inspection of documents ‘of title the DEVELOPER being satisfied regarding the title of the said land, accepted the offer and agreed to develop the said land on joint venture basis and the VENDORS and the DEVELOPER have come to a consensus with regard to Development of the said land on joint venture basis. “XXXXXX INFRASTRUCTURES” and thereafter the said Land Owner i.e. Xxxxxxxx Xxx, Xxxxxxxx Xxx & Xxxxxxx Xxx (Xxxxx) also executed a Registered Development Power of Attorney, Execution dated 10-02-2020, being No. 1037 for the year 2020 at A.D.S.R., Burdwan, by which they appointed Xxxxxxxxx - XXX XXXXXXX XXXXX as constituted attorney on their behalf of do all such acts and things as stipulated therein the Power of Attorney and they entered into a Development Agreement. According terms of agreement in between them as also the POA (Power of Attorney) granted in favour of Xxxxxxxxx, the Developer got sanctioned building plan vide. sanctioned Plan being Regd No. 1481, dated 05/10/2018 for construction but in the name of Xxxxxxxx Xxx, Xxxxxxxx Xxx & Xxxxxxx Xxx (Xxxxx), being sanctioned residential cum commercial building for construction of G + IV building with car parking space upon the property as mentioned above. AND WHEREAS by virtue of the said Agreement and as constituted attorney the DEVELOPER intended to sell and dispose of the FLATS, CAR PARKING SPACE and other spaces with undivided proportionate share in land in the newly constructed building. AND WHEREAS the PURCHASERS herein approached the Developer / Confirming Party with a proposal to purchase one residential Flat being No. .........” on the Floor, Measuring - ...................... sq. ft. (Super Built - Up Area) of the side along with proportionate share of land in the building more particularly described in the first schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate purchasers after inspecting the relevant papers of one residential Flat being No. .........” on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which ................. Floor, Measuring sq. ft. (Super Built - Up Area) of the said Xxxxxxxxx was governed at the time ....................... side TOGETHER WITH proportionate share of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described land in the First and Second Schedules hereunderbuilding, approached the VENDOR/DEVELOPER for purchasing the same at a Total price of Rs. AND WHEREAS out DEVELOPER accepted the proposal of the said entire land more particularly described in purchaser i.e. the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063SECOND PART.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. by a Deed of Rectification/Declaration dated 23rd March, 2001 made between the Thane Municipal Corporation Governor of the State of West Bengal, therein referred to as the Lessor of the First Part and the said Principal Xxxxxx, therein referred to as the Lessee of the Other Part, duly registered with the Additional District Sub-Registrar, Bidhannagar, in Book No. I, Vol No. 120, Pages 93 to 97, Being No. 2289 for the year 2001, thereby Clause 2 (vii) of the Original Lease Deed was amended and/or modified to the extent that the said Principal Xxxxxx was authorized to allow its sub-lessee(s) to construct built-up spaces and to grant second sub-lease of the surplus floor area space to genuine entrepreneurs as may be approved by the said Principal Xxxxxx. AND WHEREAS by a fresh Certificate of Incorporation issued by the Registrar of Companies, West Bengal, dated 20th October, 2009 the name of the erstwhile Assignor changed from Xxxxx – SL Energy Systems Limited was changed to WEBSOL Energy Systems Ltd. AND WHEREAS the erstwhile Assignor for construction of B+G+19 storied IT Park Building at the Said Land has obtained a provisional No Objection Certificate being Memo. No. WBFES/848/11/ Xxxxxx-IT/60/06(67/06) dated 30th May, 2011 from the Department of Fire and Emergency Services, Government of West Bengal and also obtained various other approvals including environmental clearances inter alia for construction of a IT Park building. AND WHEREAS in order to obtain finance for working capital, the erstwhile Assignor obtained loans under various financing documents from Allahabad Bank and Federal Bank, with the consent of said Principal and the said Principal vide its letter dated 12th August, 2004 had also granted its no objection for creation of equitable mortgage or charge of the leasehold interest of the Said Land in favour of Allahabad Bank and Federal Bank. AND WHEREAS Federal Bank thereafter assigned its said loan along with the security of the Said Land in favour of Allahabad Bank and consequently the Federal Bank by its order letter dated 27/9/1989 sanctioned & approved building plans on application 13 th July, 2017 accorded satisfaction of its charge over the vendors in respect of the property described in schedule hereunderSaid Land. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx loan of the Assignor with Allahabad Bank became irregular and Xxxx Xxxxx Xxxxxxxxx as his only heirs in terms of Section 13 (2) of the Securitisation and legal representatives according Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act), the Authorized Officer of Allahabad Bank issued a Demand Notice dated 21st May, 2013 calling upon the erstwhile Assignor to repay the Shia Muslim Law amount due and payable by which it and mentioned in the said Xxxxxxxxx was governed at notice within 60 days from the time date of his deathreceipt of the said notice. AND WHEREAS subsequently by diverse Deeds an Assignment Agreement dated 18th February, 2016 Allahabad Bank has assigned unto and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDin favour of the Assignee therein the loan disbursed under the financing documents including the security interests created over the Said Land absolutely and forever in favour of Invent Assets Securitisation and Reconstruction Private Limited (Invent). (Enforcement) Rules, 2002, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out Authorised Officer of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening Invent took over possession of the Ghodbunder Road and thereforeSaid Land in terms of Possession Notice dated 18th October, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto2019. AND WHEREAS the Authorised Officer of the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company Invent, in exercise of the powers conferred under the provisions of Companies the SARFAESI Act, 1956 2002, also published sale notice in Financial Express and Dainik Statesman on 20th December, 2019, to sell the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering Said Land under the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations provisions of the said partnership firm M/x. Xxxxxxxx Enterprises vested in Act of 2002 thereby inviting bids from the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court public at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063large.
Appears in 1 contract
Samples: Assignment Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Second Party being an experienced and financial capable developer approached to the Owner to enter into an agreement for developing the said property with a formulated scheme to do so and for that after having several discussions regarding the terms and conditions of the vendors in respect agreement, it has been settled that the terms and conditions of the agreement, should be fully embodied so that there should not be any confusion in the future towards the Agreement and Development of the said property described However, the Developer shall start the construction of the new building after Plan sanctioned from the authority of Howrah Zilla Parishad. In this regard to construct the masonry building thereupon on the said property, the present owner entered into an Agreement for Development with XXXXXXXX CONSTRUCTION as Developer/ Promoter herein on 12/10/2022 which is duly executed and registered before the District Sub-Registrar - II Howrah and recorded in schedule hereunderBook No. I, Volume No. 0513-2022, Pages from 337302 to 337332, Being Deed No. 051312011 for the year 2022 and delegated the power to the developer for smooth running of the work and allied incidents the above stated Owner and the Development of Power of Attorney after registered Development Agreement is duly executed and registered on 12/10/2022 before the office of District Sub-Registrar -II Howrah and recorded in Book No. I, Volume No. 0513-2022, Pages from 337333 to 337358, being Deed No. 051312016 for the year 2022. However, the developer shall start the construction of the new building after Plan sanctioned from the authority of Howrah Zilla Parishad, in this regard to construct the masonry building thereupon the said property. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Developer submitted building Plan for sanction to the Shia Muslim Law by which Howrah Zilla Parishad, and got the said Xxxxxxxxx was governed at sanction Plan vide Memo No. 384/032/HZP/PS dated 24/03/2023 from Howrah Zilla Parishad and on the time strength of his deaththe Sanction Plan the Promoter started the construction of building on the “FIRST SCHEDULE” mentioned property. AND WHEREAS immediately after the sanction of the building plan and by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out strength of the said entire land more particularly described in Development Agreement and Power of Attorney the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for Developer herein the widening party of the Ghodbunder Road and therefore, Second Part/Developer took over the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations possession of the said partnership firm Mlands, constructed a Boundary wall thereon and has commenced construction of the building namely “CHARDHAM RESIDENCY” of four Block – A, B, C & D in accordance with the building plan sanctioned by the Howrah Zila Parishad and called upon the buyers interested in acquiring Flat/x. Xxxxxxxx Enterprises vested Flats/Unit/Units in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063building.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out thereafter members of the said entire land more particularly described in the First Schedule of Property hereunder writtenApartment requested Xx. Xxxxx Xxxxxxx Xxxxxxx, a partPermanent Director of M/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for s. Xxxxxxx Apartments Private Limited, requested them to execute the widening necessary Conveyance / Sale Deed / Deed of Declaration, in favour of the Ghodbunder Road and thereforeApartments. And thereafter, the balance net plot area that was available for development was 8947.75 sqXx. meters as is more particularly described Xxxxx Xxxxxxx Xxxxxxx, a Permanent Director of M/s. Xxxxxxx Apartments Private Limited through this Duly Constituted Attorney, one Xx. Xxxxxxxx Xxxxxxx Pandit executed a Deed of Declaration in the Second Schedule favor of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under Xxxxxxx Apartments vide Registered Document No 10026 Dt 11.07.1988 at Haveli II. AND WHEREAS, the provisions of Companies Act, 1956 building and the Registrar flats had become old and requires heavy repairs and also the area of Companyeach flat is small and there is potentiality of getting the flats of more area to the existing members, Mumbaiby redevelopment of the entire plot / land by demolishing the structure and also by redeveloping the said land by getting plan sanctioned for availing additional FSI / Paid FSI AND WHEREAS, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations it was decided to utilize entire FSI / FAR area of the said partnership firm M/x. Xxxxxxxx Enterprises vested in land and allow the developer to obtain and consume additional FSI / TDR, which may be permissible and allowable as per the rules and regulations of PMC and consume the same on the said company Deshmukh Builders land so as to provide 13 flats (as requested and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 requirements of the Companies Actexisting members) to the existing 13 members, 1956 for sanctioning in proportion to the area, they have currently in possession (existing carpet area in possession) free of cost and then remaining newly constructed flats / area to be sold / transferred by the Developer of the Scheme of Amalgamation Third Part to the various purchasers who would be accepted and admitted as members of the Company herein owner Apartment. AND WHEREAS, at the Special General Body Meeting of the Apartment held on DT.21.12.2015 the issues of the condition of the Apartment‟s said building were discussed at length and the Members were of the opinion that existing building/structure should be demolished and new building should be constructed thereon. However, since the members had neither the finance nor the expertise to carry out such work, it was decided that the task to carry out such demolition and constructing flats for the Members should be entrusted to professional Developer who could carry out development work free of costs for the members and the Apartment and, construct for the members new flats free of costs with Modern Tiles Co. Pvtan additional area as agreed upon. Ltd. having its registered office at 000In return for the same, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.the Developer could be granted the right to use entire balance and additional FSI/FAR of the said land and to bring in and utilize TDR/FSI as may be permissible according to rules and regulations of PMC and sell/transfer the flats other than those earmarked for the Members and appropriate the sale proceeds/consideration unto Developer. The Apartment called tenders of various developers and after scrutinizing the various
Appears in 1 contract
Samples: Partnership Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Owners / First Parties assured the Developer that the said Premises is free from all encumbrances, charges, liens, lispendens, attachments, trusts in any manner, save and except that Owners/ Vendors herein have exclusive possession of the vendors said Property; AND WHEREAS the Owners thereby expressed / approached their intention on appointing and engaging suitable Developer for development of their aforesaid property and thus the said Owners willfully proposed and requested to the said Developer for taking over the said plot / land with old building / structure exclusively for development and thereby built, construction of a newly multi-storied / project inter alia on the above mentioned said plot / land of the said Owners and after mutual discussion in between the Owners and the Developer made several searches and/or investigation regarding the right, title and interest of the said Owners and fully satisfied regarding the right, title and interest of the aforesaid plot of land as herein before recited and made itself satisfied towards title of the said property inter alia thereby has accepted the said offer of the land Owners and has agreed to develop the property of the said Owners and to construct the proposed multi-storied building/s upon the said landed property of the owners in respect of ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon and on the property described ground floor measuring about 6656 square feet constructed area more or less and on the first floor measuring about 5720 square feet constructed area more or less at Premises No. 10/2, Xxxxxxx Xxxxx Street now known as Xxxxxxx Xxxxxxxxxx Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata -700023, District : South 24- Parganas, within the limit of Xxxx No. 76 under Borough No.-IX being Assessee No. 1107613000118 of Kolkata Municipal Corporation, along with all common and easement rights; AND WHEREAS that now the Owners herein have decided to develop their aforesaid plot of land ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon and on the ground floor measuring about 6656 square feet constructed area more or less and on the first floor measuring about 5720 square feet constructed area more or less at Premises No. 10/2, Xxxxxxx Xxxxx Street now known as Xxxxxxx Xxxxxxxxxx Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata - 700023, District : South 24- Parganas, within the limit of Xxxx No. 076 under Borough No.-IX being Assessee No. 1107613000118 of Kolkata Municipal Corporation, along with all common and easement rights, and thus made negotiations and discussions the Owners and the Developer jointly have formulated a scheme to carry out the Development work of the plot of land as aforesaid mentioned in schedule hereunder. the manner appearing; AND WHEREAS the said Xxxxxxxxx died intestate Owners/ Vendors along with the Developer have entered into a registered Development Agreement dated 14.12.2020 which was registered on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx 17.12.2020 at the Office of the District Sub Registrar - I, Alipore, South 24 - Parganas and Xxxx Xxxxx Xxxxxxxxx it was recorded in Book No. I, Volume No. 1601-2020, Page from 83502 to 83553, Being No. 160101761 for the year, 2020 to carry out the Development work properly as his only heirs per terms of the aforesaid Development Agreement, AND WHEREAS the Owners have also executed a Registered Development Power of attorney on 17.12.2020 in favour of the Developer for smooth running of the construction work over the First Schedule property and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx Development Power of attorney was governed registered at the time Office of his deaththe District Sub Registrar - I, Alipore, South 24- Parganas and it was recorded in Book No. I, Volume No. 1601-2020, Page from 83639 to 83668, Being No. 160101765 for the year, 2020; AND WHEREAS by diverse Deeds after entering into the said Development Agreement and Assurances DESHMUKH ENTERPRISES power of attorney the Developer herein had applied and obtained a building sanction plan for developing the aforesaid property i.e. ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon at Premises Xx. 00/0, Xxxxxxx Xxxxx Street now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDXxxxxxx Xxxxxxxxxx Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata -700023, District : South 24- Parganas, within the Confirming Party hereinlimit of Xxxx No. 076 under Borough No.-IX being Assessee No. 1107613000118, became entitled to develop the said property more particularly which is morefully described in the First and Second Schedules hereunder. AND WHEREAS out schedule “First” below from the building department of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. Kolkata Municipal Corporation Vide Building Permit No dated ; AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under Owners herein have mutually agreed and approached the provisions of Companies Act, 1956 Developer to specify their allocation as per terms and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations conditions of the said partnership firm M/x. Xxxxxxxx Enterprises vested earlier contract in the said company Deshmukh Builders form of Development Agreement executed on 14.12.2020 and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in registered on 17.12.2020 duly represented by the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.Owners;
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to Owner has granted the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time development rights of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in Schedule I in favour of the First Promoters abovenamed vide an Joint Development Agreement dated 07/07/2016 and Second Schedules hereundera Power of Attorney of even date both duly registered at the Office of the Sub-Registrar Haveli No. 10 at Serial No. 10539/2016 and 10540/2016 respectively and by virtue of the said Joint Development Agreement / Power of Attorney they the Owner and Promoters jointly and collectively have the sole and exclusive right to develop the said property and to construct building/s thereupon comprising of commercial units therein and to sell the units in the said building/s to be constructed by the Promoters on the said property and to enter into agreement with the Purchaser/s of the such commercial units and to receive and proportionately appropriate sale price in respect thereof. AND WHEREAS by virtue of the aforesaid writings/indentures the Owner/Promoters have the sole and exclusive right to develop the said Project Land and to sell the units in the said building/s to be constructed by the Promoters on the said Project land and to enter into agreement with the Allottee/s of the Units and to receive sale price in respect thereof AND WHEREAS the Owners/Promoters are in possession of the said project land. AND WHEREAS the Pune Municipal Corporation has sanctioned the building layout and the plans for construction of the buildings for commercial units on the said project land vide Development Permission and Commencement Certificate No. CC/3353/15, dated 31/12/2015. AND WHEREAS the Collector of Pune, District Pune has issued his “NOC” vide his Letter dated 22/04/2016 bearing No. PMC/NOC/SR/30/2016 under the provisions of Section 42A (1) of the Maharashtra Land Revenue Code, 1966 in respect of the said Project Land. AND WHEREAS the Owners/Promoters are entitled and enjoined upon to construct buildings on the said project land in accordance with the recitals hereinabove; AND WHEREAS out of the said entire Project Land an areas admeasuring 1304.07 sq.mtrs. is earmarked and reserved for Road widening and Amenity Space. AND WHEREAS vide Sanction/CC dated 31/12/2015 the Promoters proposed to implement on the said project land more particularly described in a commercial complex under the First Schedule name and style as “Xxxxx Southcode” comprising of Property hereunder writtenXxxxxxxx, a partXxxxxxxx 0, Xxxxxx xxx Xxxxx 0 Xxxxx, consuming an aggregate FSI/portion thereunder admeasuring 1982.25 FAR of 2750.20 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretomtrs. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company Promoter propose to further sanction basement + ground + Mezzanine + 5 upper floors under revision of the aforesaid plan and as per DRC Rules. AND WHEREAS the Promoters have registered the Project "Xxxxx Southcode" as an ongoing project under the provisions of Companies Actthe RERA Xxx 0000 with the Real Estate Regulatory Authority. at no ; authenticated copy is attached in Annexure ‘F.’ AND WHEREAS the Allottee/s has/have applied for and pursuant to mutual negotiations and discussions is offered a Commercial unit bearing number on the floor, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name (hereinafter referred to as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested “Unit”) in the the Project named “Xxxxx Southcode” (hereinafter referred to as the said company Deshmukh Builders and Developers Pvt. Ltd. “Building”) developed by the Promoters; AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed the Owners/Promoters have entered into a petition in standard Agreement with an Architect registered with the Hon’ble High Court at Bombay in Council of Architects and such Agreement is as per the Scheme Agreement prescribed by the Council of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.Architects;
Appears in 1 contract
Samples: Articles of Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order By a deed of conveyance dated 27/9/1989 sanctioned & approved building plans on application 28/1/1984 (1) Xxxxxx Xxxxxxxx Xxxxxxxxx Xxxxxx Meherbaksh, (2) Xxxxx Xxxxx Xxxxxx Meherbaksh and (3) Xxxxx Xxxx Xxxxxx Meherbaksh as Mulavallis of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind aforesaid Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Xxxxxx Wakf-Ul-Aulad (herein called “the Vendors”) conveyed to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, s.Mantri Brothers (therein called “the Confirming Party herein, became entitled to develop Purchasers”) the said property heriditaments and said premises bearing C.T.S. No. 239 & 239 (1 to 35) admeasuring 2914.50 sq. mtrs. Situate lying and being in Village Kurla IV, Taluka – Kurla, in the Registration District and Sub District of Mumbai City and Mumbai Suburban (MSD).and more particularly described in the First and Second Schedules hereunderschedule thereunder written the said Deed of Conveyance is registered at the office of Sub-Registrar of Assurances of Bandra on 16/5/1984 under Xx.Xx. Bom /2653 of 1984 at Page 1 to 18. AND WHEREAS out the aforesaid trustees of the said entire Xxxx Xxxxxxx Xxxx Xxxxxx Wakf – Xx - Xxxxx have in pursuance of the hereinabove recited Deed of Conveyance have put M/s. Mantri Brothers the owners/developers in possession of the said land more particularly described hereditaments and said premises thereby agreed to be sold and thereby M/s. MANTRIBROTHERS are well seized and possessed and are sufficiently entitled to as the Owners of all that Piece and parcel of land with old building consisting of ground + first + second (part) upper floors known as Xxxxxxxxx Building (Hereinafter referred to as the said ”front old Building”), having occupied by various tenants/occupants and existing RCC building constructed known as “XXXXXXXXX SAID PREMISESS” consisting of Ground Plus five Upper floors (hereinafter referred to as the “RCC building”, having 24 residential flats sold on ownership basis by the owners/developers standing thereon on Plot bearing CTS No. 239 and 239 (1 to 35) admeasuring 2914.50 Sq. Mtrs or thereabouts situated on X. X .Xxxxx Marg, Kurla (W), Mumbai – 400 070 of Village Kurla IV, Taluka – Kurla, in the First Schedule Registration District and Sub District of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road Mumbai City and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as Mumbai Suburban (MSD).which is more particularly described in the Second Schedule of the Property schedule hereunder written and is shown surrounded within hereinafter collectively referred to as “the red coloured boundary line on the Plan annexed heretoSaid Property”. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under property is affected by the provisions set back area for road widening of Companies Act, 1956 18.30. sq. mtrs. of regular line of road formerly known as New Mill Road and old LBS Marg and now known as X X Xxxxx Marg and the Registrar said area is required to be handed over to MCGM for the purposes of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations widening of the said partnership firm M/x. Xxxxxxxx Enterprises vested existing X. X. Xxxxx Marg after joint demarcation and ascertaining area affected in set back by the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies ActCity Survey Office, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Kurla.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. said Xxxx Xxxxx, the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application daughter of the vendors Late Xxxxxxxxx Xxxxxxx Xxxxx inherited from his father all that piece and parcel of undivided Bastu land measuring more or less 7 Cottahs 13 Chittaks 17 Square Feet out of 15 Cottahs 10 Chittaks 34 Square Feet, comprised within holding Xx.0, Xxxxxxx Xxxxxxx Xxxx, X.X. shibpur, District-Howrah, within H.M.C. Xxxx No. 41 and became absolute Owner in respect of the property described in schedule hereunder. said property; AND WHEREAS the said Xxxxxxxxx died intestate properties of the parties hereto have been amalgamated into one compact unit by virtue of a Deed of Declaration, which was registered in the Office of District Sub-Registrar at Howrah on 18.11.1992 leaving behind 2nd August, 2011 and recorded in Book No.1, CD Volume No.16, Pages from 393 to 406, Being No. 06235, for the year 2011 and after amalgamation and after amalgamation they have jointly mutated their names in the Howrah Municipal Corporation and thereafter the holding Xx.0, Xxxxxxx Xxxxxxx Xxxx has been changed and now numbered as 0/0, Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. Xxxxxxx Xxxx, P.S. Shibpur, District-Howrah; AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known the present owners while possessing the aforesaid property peacefully on uninterruptedly till date being desirous of developing the property as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described mentioned in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written by raising multi-storied building thereon for residential and is shown surrounded within partly commercial purposes, but in absence of experience and stringency of finance the red coloured boundary line present Owners are in search of a better sufficiently experienced and financially capable Developer who could do the needful construction on the Plan annexed heretosaid property as desired and expected. AND WHEREAS accordingly the Owners/Vendors herein have jointly entered into as Agreement for Development with the developer herein on 07/01/2015 which was registered in the Office of District Sub-Registrar Howrah and recorded in Book No.1, CD Volume No.12, pages from 3029 to 3058, Being No. 3459 for the year 2015 and simultaneously the Owners / Vendors herein executed a Development Power of Attorney in favour of the Developer / Confirming Party / Third Part herein empowering the Developer / Confirming Party / Third party herein empowering the Developer / Confirming Party / Third Part herein to commence construction of a multistoried building over the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under property and to sell out the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations Flats / Units of the said partnership firm M/x. Xxxxxxxx Enterprises vested building on his behalf and the said Power of Attorney was registered in the said company Deshmukh Builders Office of District Sub-Registrar at Howrah and Developers Pvtrecorded in Book No.1, CD Volume No.12, pages from 4156 to 4171, Being No. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in 3460 for the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063year 2015.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Assignor/s herein in terms of the aforesaid notification applied before the concerned authority of the Urban Development Department, Government of West Bengal for assigning his/her/their undivided share of plot no. in Block in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North), Police Station Bidhannagar (North/ East/South) registration office ADSR. Bidhannagar along with the undivided share of the construction thereon (for the sake of brevity hereinafter referred to and called as the said lease hold property ), which is morefully and particularly described in the Schedule B' made hereunder written. AND WHEREAS after careful consideration, the Superior Landlord namely the Urban Development Department, Government of West Bengal by its order Letter/Memo No dated 27/9/1989 sanctioned & approved building plans on application was pleased to allow the Assignor/s herein to assign his/her/their leasehold right, title and interest of the vendors said lease hold property for the unexpired period of 999 years without prejudice to their (the Urban Development Department. Government of West Bengal) any right and interest over said premises in any manner whatsoever and subject to strict compliance of all and every terms and conditions, covenants, stipulations and restrictions made in the Original Lease dated by the Assignee/s herein In consideration of a sum of Rs (Rupees Lac only) paid by/on behalf of the Assignee/s to/cn behalf of the Assignor/s, the receipt whereof the Assignor/s doth hereby admits and acknowledges in every manner whatsoever, the Transferor/Assignor doth hereby grant, transfer, convey, assign and assure unto the Assignees ALL THAT leasehold right, title and interest of undivided share of plot no in Block in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North). Police Station Bidhannagar (North/ East/South) registration office ADSR. Bidhannagar along with the undivided share of the construction thereon for the unexpired/balance residue period to the term mentioned hereinbefore and recited in the Deed of Assignment of Lease dated being the said lease hold property. TOGETHER WITH all areas, gardens, trees, fences, ditches, xxxxxx, common roads, waters, water-courses, rights, lights, liberties, privileges 4 easements and appurtenances whatsoever belonging or held or occupied therewith and TO HAVE AND TO HOLD the same unto the Assignee/s for the residue/unexpired period of the said term of 999 years subject to payment of the rent reserved thereby and observance of all covenants by the Assignee/s of the conditions contained in the Lease dated PROVIDED FURTHER that the Assignor/s hereby covenants with the Assignee/s THAT NOTWITHSTANDING any act. deed or thing by the Assignor/s at any time done or executed or knowingly suffered to the contrary the said lease is subsisting good and effectual lease or the demised premises AND THAT the same has not been forfeited or surrendered or become void of voidable AND THAT the Assignor/s had got rightful power and absolute authority to transfer, assign, assure and convey the said lease hold property for the unexpired/balance period of 999 years in the manner aforesaid AND THAT the Assignee/s shall and will and may at all times hereafter during all the residue/unexpired period of the said term of 999 years by the said Lease dated peacefully and quietly possess and enjoy the said lease hold property and receive the rents and issues and profits thereof without any lawful eviction, interruption, claim or demand from or by the Assignor/s or any person or persons claiming through under or in trust for the Assignor/s AND THAT the said lease hold property is free from all encumbrances made occasioned or suffered by the Assignee/s or any person or persons claiming as aforesaid AND FURTHER THAT the Assignee/s and all persons claiming any estate for her shall and will during the residue now un-expired period of the term granted by the said Lease dated , at the request and cost of the Assignee/s execute or cause to be done and executed all such acts, deeds and things for further and more perfectly assuring the said lease hold property and every part thereof unto the Assignee/s in the manner aforesaid as shall be or may be reasonably required PROVIDED HOWEVER the Assignee/s shall and will at all times hereafter during the residue now un-expired period of the said term of 999 years as granted to the Assignee/s by the said Lease dated observe and perform the Assignee/s covenants and conditions, restrictions therein and shall save harmless and keep indemnified the original Lessor and its estate and effects from and against all actions proceedings claims or demands on account or in respect thereof AND it is hereby further agreed and declared that neither the transfer and assignment as aforesaid nor anything herein contained shall prejudice or effect the original reservation of rent of the further stipulations covenants and conditions contained in the said Deed of Assignment of Lease in respect of the said lease hold property described in schedule hereunder. and the person or persons from time to time entitled thereto AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to Assignor/s declare/s that the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as MAssignee/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became s shall be entitled to develop the said property more particularly described mutate their names in the First and Second Schedules hereunderrecords of all the competent statutory authorities including in the records of the Urban Development Department. Government of West Bengal AND WHEREAS out THAT the Assignor/s ceases to have any interest in the above mentioning property from this day AND THAT Assignor/s Deliver/s Possession of the said entire land more particularly described lease hold property unto and in favour of the First Schedule Assignee/s TO HAVE AND TO HOLD the same for his use and benefit without any interruption, claim and 5 demand whatsoever by the Assignor or any person claiming through her subject to the terms and conditions of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered the original Deed of Assignment of Lease for the widening unexpired period of the Ghodbunder Road original lease. The Assignor/s herein has represented, assured and therefore, undertaken to the balance net plot area that was available for development was 8947.75 sqAssignee the given warrantees as follows. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.–
Appears in 1 contract
Samples: Deed of Assignment of Lease
AND WHEREAS. by an Indenture of Mortgage dated the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application 18th day of June, 2018, and registered in the office of the vendors Additional Registrar of Assurances – I at Kolkata in respect its Book No. I, Volume No.- 1901-2018, pages from 186908 to 186984, Being No. 1901-04613, the Vendor/Owner herein referred to as the Security Providers/Mortgagors of the property described in schedule hereunder. AND WHEREAS One Part therein, and the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx Developer herein referred to as his only heirs and legal representatives according to the Shia Muslim Law by which Borrower of the said Xxxxxxxxx was governed at Second Part therein mortgaged the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly fully described in the First and Second Schedules hereunder. AND WHEREAS out Schedule-I of the said entire land more particularly described Mortgage Deed dated the 18th day of June, 2018 in the First Schedule favour of Property hereunder writtenBajaj Housing Finance Limited, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company incorporated under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning 1956, and a Company within the meaning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. Companies Act, 2013 having its registered office at 000Mumbai Pune Road, Akurdi, Post Office-Akurdi, Police Station- Akurdi, Pune - 411035 and the said M/s. Xxxxxxx Xxxxxxxxx as the Borrower therein and the Developer herein has accepted Rs. 15,00,00,000/- (Rupees Fifteen Crore Only) from the said Bajaj Housing Finance Limited, the Lender/Secured Party therein hereinafter referred to as the “SAID MORTGAGE”; It is pertinent to mention here that, the Developer herein, has already paid the entire loan amount received by them to Bajaj Housing Finance Limited, the Lender/Secured Party therein and said Bajaj Housing Finance Limited, the Lender/Secured Party therein, acknowledged the same and also issued No Objection Certificate dated 29.12.2020 in favour of M/S. RAJWADA DEVELOPER, the Developer/Confirming Party herein, and said M/s. Xxxxxxx Xxxxxxxxx as the Borrower therein and the Developer herein and said Bajaj Housing Finance Limited, the Lender /Secured Party therein also executed Deed of Release of Mortgage duly registered on 16.03.2021 in the office of the A.R.A. – I, Kolkata, recorded in Book No. – I, Volume No. 1901-2021, Page from 128909 to 128944, Being No. 2044 for the year 2021, towards “SAID MORTGAGE”. AND WHEREAS said, XXXXXXX XXXXXX, son of Late Xxxxxxxxx Xxxxxx died on 15.04.2019 at Kolkata leaving behind his wife, 1) Smt. Xxxx Xxx X Parekh, and son, 1) Xxxxx Xxxxxx @ Xxxxx Xxxxxxx Xxxxxx, the Owner/Vendor No. 9 herein, three daughters namely 1) Xxx. Xxxxx Xxxxxxx, 2) Xxxxx Xxxxx Xxxxx Xxxxxx, Xxxxxxxx Xxxxand 3) Xxx. Xxxxxx Xxxxxxx as his legal heirs, Goregaon (East)and during his life time he executed a Registered Xxxx in favour of his son, Mumbai XXXXX XXXXXX the Owner/Vendor No. 9 herein and said will duly registered on 02.04.2019 in the office of the Additional Registrar Assurance – 400 063III, Kolkata, recorded in Book No. III, Volume No. 1903-2019, Page from 4833 to 4854, Being No. 263 for the year 2019, and in pursuance of the said will XXXXXXX XXXXXX had given, devised and bequeathed his undivided 1/4th share in the aforesaid property and his other property morefully described in the said will to his son, XXXXX XXXXXX alias XXXXX XXXXXXX XXXXXX the Owner/Vendor No. 9 herein.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane DEVELOPER has prepared a building plan by the help of the a reputed Architect And submitted the same to the Bidhannagar Municipal Corporation has by its order dated 27/9/1989 and the said Municipal Corporation sanctioned & approved building plans on application a site Plan of the vendors in respect said property vide Plan Sl. No.81/20-21 dated 06.11.2020.The Building Plan is yet to be submitted before the said Municipality for approval and sanction. AND WHEREAS by virtue of the said Development Agreement and Power Of Attorney dated 20th day of November , 2019 and 28th day of February 2020, the said DEVELOPER has the sole and exclusive right to sell the DEVELOPER’s allocated portion of the said property described and also have right to enter in schedule hereunderto agreement/agreements for sale under any terms as the DEVELOPER may deed fit and proper. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which DEVELOPER shall start construction at the said Xxxxxxxxx was governed land, after getting the required approvals and sanctions, at the time of his death. AND WHEREAS by diverse Deeds their own costs and Assurances DESHMUKH ENTERPRISES now known expenses as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out per terms of the said entire Development Agreement completing their construction works at the said land more particularly described and the PURCHASER(S) approached the DEVELOPER to allot him residential flats a FLOOR of the multistoried building at the said land in the First Schedule form of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered habitable condition ofa residential flat for the widening purpose of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoresidence. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions DEVELOPER, in exercise of Companies Acttheir legal rights, 1956 decides to sell out DEVELOPER’s allocated portion and the Registrar PURCHASER(S), Party of Companythe Second Part, Mumbaiapproached the DEVELOPER to purchase residential flat and the DEVELOPER offers to sell a residential flat being No.” “ on the FLOOR of the multistoried building, Maharashtra has issued measuring an area of sq. ft. be the same little more or less and the PURCHASER(S) agrees to purchase the said flats at/or consideration sum of Money Rs. (Rupees ) only free from all encumbrances. AND WHEREAS the PURCHASER(S) xxxxxx agrees to additionally pay the proportionate amount @ Rs. 90/- per sq ft for the ELECTRICAL TRANSFORMER AND WHEREAS the DEVELOPER agrees to sell out a Certificate residential flat being No. “ ” on theFLOOR , at the said multistoried building known as XXXXXXXXX measuring an area of Incorporation bearing No.00-0000000 sq. ft super built up, be the same a little more or less including proportionate share of 1997 dated 15.05.1997 thereto registering stair case of the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. building TOGETHER WIITH proportionate impartible undivided share of land and by virtue of which all the assets, liabilities common parts and obligations common amenities of the said partnership firm M/x. Xxxxxxxx Enterprises vested in multi-storied building and the DEVELOPER has offered to sell the said company Deshmukh Builders flat for a consideration of Rs (Rupees ) only and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court PURCHASER(S) agrees to purchase the same at Bombay in the Scheme of Amalgamation said consideration and by entering this agreement under Sections 391 some terms and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063conditions described hereinafter.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has out of said 8 Cottah 8 Chittak of land leaving 12 Chittak of land for adjacent road said Xxxxxxxx Xxxxxxxx sold, transferred and conveyed 7 Cottah 12 Chittak of land in favour of CHATTERJEE CONSTRUCTION, a proprietary firm having its Office at Natun Pally, P.O. & P.S. – Sonarpur, Kolkata – 700150 represented by its order dated 27/9/1989 sanctioned & approved building plans sole proprietor Xx. Xxxx Xxxxxxxxxx son of Late Xxxxxxxx Xxxxxxxxxx a resident of Natun Pally, Middle Road, Sonarpur, Kolkata – 700150. And said Deed of Conveyance was executed on application of 10.08.2020 and Registered on the vendors same date in respect of Sonarpur Sub-Registry Office and recorded therein its Book No. 1, Volume No. – 1608, Page from 69849 to 69868, Being No. 2435 for the property described in schedule hereunderyear 2020. Xxxx XXXXXXXXXX CONSTRUCTION the Owner /Developer herein also mutated its name with Rajpur Sonarpur Municipality under Holding Xx.-000, Xxxxxxxxxxxx Xxxxx, Xxxx Xx -12. AND WHEREAS XXXXXXXXXX CONSTRUCION the Vendor/Developer herein with the intention to construct a G+III storied Residential cum Commercial Building upon the land morefully described in the FIRST SCHEDULE herein submitted a Building Plan to the concerned Rajpur Sonarpur Municipality and said Building Plan got sanctioned on 07.01.2021 vide Building Plan No. 152/CB/12/08. measuring carpet area --- sq. fit. built-up area ----- sq. fit. Super Built-up area sq. fit. be the same a little more or less situated on the -------side of the --------Floor of the said Xxxxxxxxx died intestate G+III storied building, hereinafter referred to as the “said Flat” morefully and particularly described in the SECOND SCHEDULE hereunder written lying and situated on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by land which is fully described in the said Xxxxxxxxx was governed at the time of his deathFIRST SCHEDULE hereunder written. AND WHEREAS by diverse Deeds virtue of an agreement for sale dated ------- made between the Purchaser/Purchasers herein and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe Vendor herein, the Confirming Party herein, became entitled Purchaser/Purchasers herein agreed to develop purchase said Flat No. ----- measuring more or less carpet area --- sq. fit. built-up area ----- sq. fit. Super Built-up area -----sq. fit. situated at side on the -------Floor more fully and particularly mentioned in the SECOND SCHEDULE hereunder written together with undivided proportionate indivisible and impartible share of the land morefully and particularly mentioned in the FIRST SCHEDULE hereunder written together with the right to use the other common areas and facilities attached to the said property more property, free from all encumbrances, charges, demands, disputes, lispendences, acquisition and requisition whatsoever, but subject to observance of the terms and conditions and covenant hereunder written for and at a consideration price of Rs. (Rupees ) only and the Vendor agreed to such proposal being satisfied as the same was the highest market price. Floor, which is morefully and particularly described in the First SECOND SCHEDULE hereunder written and Second Schedules hereunder. AND WHEREAS out delineated in the Map or Plan annexed hereto bordered with RED colour, of the said entire building at a total agreed consideration of Rs. -----------(Rupees--------- -----------------------------) only together with proportionate share of land soil underneath and for whereupon the said building has been erected or constructed together with the right of common space, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other open spaces, common path of the properties necessary and convenient of its exit and entrance, maintenance for common use, motor pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection and the description of common facilities and common enjoyment and common parts and areas and rights, which has been mentioned more fully and particularly in the THIRD SCHEDULE hereunder written with lawful aforesaid consideration price, and also undertake to pay all the common charges, fees, duties, levies, rents, impositions, outgoings etc. as may be required for the purpose of the said flat and also for purposes of the said building with other owners, occupiers of the building or flat/apartment holders thereto as more fully and particularly described in the First Schedule FOURTH SCHEDULE hereunder written. trust paid by the purchaser to the Vendor in the manner stated in the memo of Property consideration hereunder written, the receipt whereof the Vendor hereby admits and acknowledges and from the payment of the same and every part thereof for ever acquit, release, exonerate and discharge the purchaser as well as the said flat along with the proportionate undivided undemarcated share and right, title and interest over the said land and premises with the facilities in common with other owner/owners or occupiers thereto. The Vendor do hereby grant, sell, transfer, convey, assign and assure unto the Purchaser ALL THAT one self contained Flat No.------ containing a part/portion thereunder admeasuring 1982.25 carpet area --- sq. meters had been surrendered for fit. built-up area ----- sq. fit. Super Built-up area -----sq. fit situated at ------ side, on the widening ---- ----Floor, of the Ghodbunder Road said G+III storied building of Holding Xx. 000, Xxxxxxxxxxxx Xxxxx, Xxxx Xx. 12 of Rajpur Sonarpur Municipality, X.X.- Xxxxxxxx, Xxxxxxxx-Xxxxx 00 Xxxxxxxx which is morefully and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property SECOND SCHEDULE hereunder written and is shown surrounded within hereinafter referred to as the red coloured boundary line said flat together with the undivided proportionae share of the land underneath together with easements, rights thereto and other rights, privileges, benefits, advantages, liabilities, liberties, duties in common with other having covenants conditions and stipulations etc. to enjoy and possess all common roads, passages, advantages thereto or reputed to belong to the estate, right, title, interest, claim and demand of the Vendor upto and upon the said land proportionately incurring proportionate expenses for the said common portion out of cost and expenses of the Purchaser/Purchasers and the other co-owners TO HAVE AND TO HOLD the same absolutely and forever in the manner aforesaid free from all encumbrances, charges, trusts, claims, demands over the said Flat No situated at - ----- side, on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies ActFloor, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested G+III storied building(SANDHA APPARTMENT) having right to use, occupy, own possess the said flat as mentioned in the SECOND SCHEDULE hereunder written exclusively with co-owners or occupiers of the building subject to the purchaser/purchasers paying and discharging taxes and impositions or outgoing for the same and common expenses as per imposed or levied for the said company Deshmukh Builders flat and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition other outgoings so long separate assessment is not made for the said flat in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 name of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063purchaser/purchasers.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Developer of the Project BALAJI HOUSING DEVELOPERS as well as the owners hereinbefore mentioned, for the purpose of execution of the Project in the A Schedule property are eligible to represent themselves to represent before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, planner and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation duly signed by the owners and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. B-1/RB/150(A)2014-15 Dated 10.01.2015 , and the said plan was further duly modified/altered by Chandernagore Municipal Corporation vide building Plan being No. B-1/RB/56(A)2017-18 Dated 9.08.2017 thereafter the present developer has by its order dated 27/9/1989 made the construction as per the sanctioned & approved building plans on application plan and it is expected that within a very short period the finishing work of the vendors in respect building will be completed as per the specification. The A schedule land is earmarked for the purpose of building residential building complex comprising of apartments and the said project shall be known as “ XXXXXXXX ” . The position and location of the A Schedule property described is lucrative one at Bibirhat Main Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the right , title, interest of the promoter regarding the A schedule hereunderproperty on which the project is to be constructed have been completed. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Chandernagore Municipal Corporation has granted the commencement certificate to develop the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathproject vide approval dated ……. bearing registration No. ………. AND WHEREAS by diverse Deeds the promoter has obtained the final lay out plan , sanction plan , specifications and Assurances DESHMUKH ENTERPRISES now known approvals for the project and also for the apartment, Plot or building as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. ………. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the Confirming Party herein, became entitled …………. As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to develop as the said property ‘Apartment’ more particularly described in Schedule B and the First floor plan of the apartment as annexed hereto and Second Schedules hereunder. marked as Schedule C. AND WHEREAS all the parties have gone through all the terms and conditions set out of in this agreement and understood the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road mutual rights and therefore, the balance net plot area that was available for development was 8947.75 sq. meters obligations detailed herein …….. ……(any specific terms and conditions as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoper our need can be inserted here)………… ………………… ………………. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into a Limited Company under this agreement on terms and conditions appearing hereinafter . In accordance with the provisions of Companies Actterms and conditions set out in this agreement and as mutually agreed upon by and between , 1956 the promoter hereby agrees to sale and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering allottee hereby agrees to purchase the name apartment / flat as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company specified herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063above .
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. upon the Thane Municipal Corporation has due examination of the financial and operational credentials and consideration of the application of Vellore Institute of Technology (Trust) a registered public Charitable Trust situated at Xx.00, Xxxxxxxxxx Xxxxxx, Xxxxxxx represented by its order Managing Trustee, Xx.Xxxxxxxxxxx (hereinafter referred to as the “VIT”), APCRDA has recommended to the Government of AP and Government vide GO Ms. No. 171, MA & UD (CRDA.2), dated 27/9/1989 sanctioned & approved building plans 04- 07-2016 agreed to allot the land admeasuring Ac. 200.00cts (100+100) situated at Inavolu, Sakhamuru and Xxxxxxxxxx Villages, Thulluru Mandal, Guntur District, Andhra Pradesh, to be allotted in two phases to the Allottee i.e., Vellore Institute of Technology A.P. (Trust) which is formed by VIT and on application its representation that VIT shall always be directly responsible for the construction and implementation of the vendors Project through the Allottee. AND WHEREAS pursuant to the GO Ms. No. 171, MA & UD (CRDA.2), dated 04-07-2016 and above representation of VIT, the Party of the First Part had allotted an extent of Ac. 200.00 gts (100+100) situated at Inavolu, Sakhamuru and Xxxxxxxxxx Villages, Thulluru Mandal, Guntur District, Andhra Pradesh, to be allotted in two phases, through its office Lr. No. CRDA/14024 (34) /84/2016-JD, EC NMC-APCRDA dated 21-10-2016, (“Allotment Letter”). AND WHEREAS the Parties have entered into a registered Agreement for Sale bearing document no. dated (“Agreement for Sale”) registered with the office of the Sub- Registrar and annexed hereto as Annexure I, in respect of the property described aforesaid allotment of the Schedule Property on freehold basis stipulating various terms and conditions of Sale as agreed thereunder which shall survive till the same are fulfilled and complied with by the Vendee and in schedule hereunderpursuance of such allotment, the vacant possession of the Schedule Property has been delivered to the Vendee on [ Date ] hereinafter referred to as the “Handover Date” for the purpose of development, construction and implementation of the Project in accordance with rules, regulations and standing orders prescribed under the Amaravati Land Allotment Rules and Regulations, 2017. dated drawn on Bank towards the total cost of the Schedule Property to APCRDA. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Vendee has requested APCRDA for execution of a sale deed/deed of conveyance, subject to the Shia Muslim Law by which fulfillment of conditions as agreed under the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDAgreement for Sale, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out favour of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered Vendee for the widening purpose of obtaining loans and/or other financial assistance from the Nationalized/Scheduled banks/ financing institutions as may be notified from time to time by APCRDA and providing financial assistance to the Vendee for the purpose of implementation of the Ghodbunder Road Project (“Project Lender”) and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in Vendee has submitted a letter from the Second Schedule Project Lender Indian Bank agreeing to finance the implementation of the Property hereunder written and is shown surrounded within Project in accordance with the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company terms agreed under the provisions of Companies ActAllotment documents i.e., 1956 Allotment Letter, Agreement for Sale and Sale Deed along with the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Financing Documents.
Appears in 1 contract
Samples: Sale Deed
AND WHEREAS. by another Deed of Partition dated 24th July 2014 made between Xxxxxxx Projects Private Limited as the Thane Municipal Corporation has First Party, Xxxxxxx Properties & Management Private Limited as the Second Party and Xxxxxxxx Xxxxxx Private Limited as the Third Party and registered with the District Sub Registrar III, Alipore in Book I Volume No. 14 Pages 3347 to 3369 Being No. 5844 for the year 2014, the Lot D Property which comprised of a demarcated portion of Premises Nos. 360 Xxxxxxxx Garden containing an area of 4 Cottahs 6 Chittacks more or less and 361 Xxxxxxxx Garden containing an area of 3 Cottahs 10 Chittacks more or less were further partitioned into the following four lots:-
(a) Lot A which comprised of a demarcated portion of Premises No. 361 Xxxxxxxx Garden containing an area of 14 Chittacks more or less was allotted to Xxxxxxx Projects Private Limited (the Vendor No. 1 hereto), absolutely and exclusively
(b) Lot B which comprised of a demarcated portion of Premises No. 361 Xxxxxxxx Garden containing an area of 14 Chittacks more or less was allotted to Xxxxxxx Properties & Management Private Limited (the Vendor No. 2 hereto), absolutely and exclusively
(c) Lot C which comprised of a demarcated portion of Premises Nos. 361 Xxxxxxxx Garden containing an area of 14 Chittacks more or less was allotted to Abhishek Vyapar Private Limited (the Vendor No. 3 hereto), absolutely and exclusively
(d) Lot D which comprised of a demarcated portion of Premises Nos. 360 Xxxxxxxx Garden containing an area of 4 Cottahs 6 Chittacks more or less and Premises Nos. 361 Xxxxxxxx Garden containing an area of 1 Cottah more or less was to be owned by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS Vendors jointly and the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Lot was subsequently amalgamated and Xxxx Xxxxx Xxxxxxxxx assessed as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathMunicipal Premises No. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED360 Xxxxxxxx Garden, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.Kolkata
Appears in 1 contract
Samples: Conveyance Deed
AND WHEREAS. while absolutely seized and possessed the Thane Municipal Corporation has aforesaid property by its order dated 27/9/1989 sanctioned & approved building plans said Xxxxxxxxx Xxxxxxx Xxx and Smt. Xxxx Xxxx @ Xxxxxxx Xxxx Xxxxxxxxx as joint Owners thereof, said Xxxxxxxxx Xxxxxxx Xxxx died intestate on application 18th October, 2016 leaving behind him surviving his wife Xxx. Xxxx Xxxx @ Xxxxxxx Xxxx Xxxxxxxxx, one son Xxxxxx Xxxx and daughter Xxx. Xxxx Xxxxxxxx, as his only legal heirs and successors, who jointly inherited the undivided share of the vendors in respect of aforesaid property left by the property described in schedule hereunderdeceased. AND WHEREAS in the manner stated above, the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxxxx Xxxx, Smt. Mala Kasnavis and Smt. Xxxx Xxxx @ Xxxxxxx Xxxxxxxxx Xxxx Xxxxxxxxx, the Owners herein, became the joint Owners of the aforesaid property i.e. ALL THAT piece and parcel of land measuring about 6 (Six) Cottahs 14 (Fourteen) Chittacks 31 (Thirty-One) Square Feet more or less together with 2 (Two) storied Building measuring more or less 4000 (Four Thousand) Square Feet standing thereon, situate and lying at Mouza : Sahapur, Pargana : Xxxxxx, X.X. No.8, under Khatian No.1544, appertaining to Dag Nos.3610 & 3612, being known and numbered as Municipal Premises Xx.00/0, Xxx Xxxxxxx Road, Police Station : Behala, Kolkata : 700034, within the limits of the Kolkata Municipal Corporation, under Xxxx Xxxxx Xxxxxxxxx No.119, Additional District Sub-Registry Office at Behala, District : 24 Parganas (South), hereinafter called and referred to as his only heirs “the SAID PROPERTY/ PREMISES” and legal representatives according to morefully described in the Shia Muslim Law SCHEDULE – “A” xxxxxxxxx written and duly mutated their names with the Office of the Kolkata Municipal Corporation and absolutely seized and possessed the same as joint Owners thereof by which the said Xxxxxxxxx was governed at the time doing all acts of his deathownership and paying taxes thereto. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop while in enjoyment of the said property more particularly described in as joint Owners thereof, the First and Second Schedules hereunder. AND WHEREAS out Owners herein entered into a registered Development Agreement with the Developer herein on 10th July, 2018 for development of the said entire land more particularly described premises, hereinafter called “the DEVELOPMENT AGREEMENT”. The aforesaid Agreement was duly registered in the First Schedule Office of Property hereunder writtenthe District Sub-Registrar – II at Alipore, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered South 24 Parganas and registered in Book No.I, Volume No.1602-2018, Pages from 246612 to 246664, Being No.160207390 for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063year 2018.
Appears in 1 contract
Samples: Construction Contract
AND WHEREAS. the Thane Municipal Corporation DEVELOPER herein has by its order dated 27/9/1989 sanctioned & approved building plans on application completed construction of the vendors in respect Residential Building Block as per the said sanctioned plans being Docket No. 20.3.2008 and the LANDOWNER/LESSOR has issued Completion Certificate U/s. 212 of West Bengal Xxxxxxxxx Xxx 0000 to be read with Rule 33 of the property described in schedule hereunderWest Bengal Municipal (Building) Rules 2007 vide its Memo No. 78/E/XII-6 dt. 5.4.17. AND WHEREAS the said Xxxxxxxxx died intestate DEVELOPER herein has further got plans sanctioned by the Burdwan Municipality for construction of the 3 Blocks of B+G+11 storied Residential Building being Block Nos. 3, 4, 5 & 6, 1 Blocks of B+G+5 storied commercial buildings being Block Nos. 2 and 1 Block of G+3 storied Commercial Building being Block No. 7 vide sanction letter being Memo No. 924/E/VII-4 dt. 01.02.18 (hereinafter referred and called to as the “Said Second Phase Sanctioned Plans”) for construction, erection, promotion, building and development of a residential complex with other amenities on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out demarcated part or portion of the said entire land more particularly described in demised premises (herein after referred to as the First Schedule said “RESIDENTIAL COMPLEX”) and three Blocks of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening Commercial Buildings on part of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule remaining demarcated portion of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretosaid demised premises. AND WHEREAS the said partnership firm MDEVELOPER herein has envisaged a Plan as to the facilities to be provided in the complex including its management, maintenance and apportionment of costs and expenses payable by the LESSEE/x. Xxxxxxxx Enterprises has been converted into a Limited Company under S herein on the provisions terms and conditions hereof. AND WHEREAS the demised property hereunder as such can be mortgaged, transferred, alienated, granted, demised and devised by the LESSEE/S herein upon the execution of Companies Act, 1956 and the Registrar deed of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations lease of the said partnership firm M/x. Xxxxxxxx Enterprises vested same pursuance to and in terms of these presents by the said company Deshmukh Builders DEVELOPER herein unto and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 favour of the Companies Act, 1956 for sanctioning LESSEE/S herein and/or his/her/its/their nominee/s with the written consent of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063DEVELOPER herein.
Appears in 1 contract
Samples: Lease Agreement
AND WHEREAS. the Thane Municipal Corporation Purchaser(s) have/has by its order dated 27/9/1989 sanctioned & approved building plans on application taken thorough inspection of all papers and documents referred to hereinabove and have/has made necessary searches and after having been fully satisfied in all respect including all the right title and interest of the vendors in respect Vendor/Owner and/or the Developer, the Purchaser(s) have/has agreed to purchase and/or acquire ALL THAT one Office Unit being No. on the Floor by ad-measurement containing an area of Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Super Built Up Area together with right/amenities to use covered/open car parking space on the ground floor of the property described in schedule hereunderSaid Building for parking medium sized car at Premises Xx. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind 000X, Xxxx Xxxxxxx Xxxxxxxxx Xxxxxx Xxxxxx, P.S. Gariahat, Kolkata 700 019, Xxxx No. 068, District 24 Parganas (South), more fully and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First SECOND SCHEDULE hereunder written and Second Schedules hereunderhereinafter referred to as the SAID PROPERTY/UNIT for and at a total consideration of Rs. AND WHEREAS out of /- (Rupees only) and the said entire land more particularly right to use the common parts, portions, areas, facilities and amenities as fully described in the First Schedule of Property THIRD SCHEDULE hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for written but subject to observing and performing the widening of the Ghodbunder Road terms conditions covenants and therefore, the balance net plot area that was available for development was 8947.75 sq. meters restrictions as is more particularly described contained in the Second Schedule of the Property FOURTH SCHEDULE hereunder written and is shown surrounded within also subject to making payment of proportionate costs charges and expenses as mentioned in the red coloured boundary line on FIFTH SCHEDULE hereunder written for the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Actcommon repairs, 1956 maintenance and the Registrar of Companyservices, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. facilities and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested amenities in the said company Deshmukh Builders building to the Owner/Vendor and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed after handing over maintenance by a petition written agreement to the Association/Society, to the Association/Society of the Buyers/Owners of different units in the Hon’ble High Court at Bombay in said building, to be formed by the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Owner/Vendor.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Municipal Govt. of West Bengal therein has a statewide mandate to provide larger supply of developed lands, the immediate focus area has been limited to the development of a planned town (hereinafter called the New Town, Kolkata) and the State Government in the Housing Department on behalf of West Bengal Housing Infrastructure Development Corporation Ltd., has acquired lands in the districts of North 24-Parganas and South 24-Parganas and has transferred such land to the West Bengal Housing Infrastructure Development Corporation Ltd, conferring the entire responsibilities of developing the infrastructure services therein and also the power to transfer lands by its way of sale to the individual persons, Co-operative Housing Societies, Corporate Bodies as well as Statutory Authorities as the case may be in order dated 27/9/1989 sanctioned & approved to develop New Town as a major hub for residential, industrial, institutional and cultural purposes etc. AND WHEREAS the Owners herein applied to West Bengal Housing Infrastructure Development Corporation Ltd., the VENDOR therein for purchase of a piece and parcel of land in the New Town, Kolkata so as to enable the PURCHASERS therein as well as the Owner herein to erect a building plans on application thereon for residential purposes after complying with all formalities for allotment of such land by the vendors in respect of West Bengal Housing Infrastructure Development Corporation Ltd., the property described in schedule hereunderVENDOR therein. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx West Bengal housing Infrastructure Development Corporation Ltd. has accepted their aforesaid proposal and Xxxx sold, conveyed and transferred a plot of land measuring about 300.12 Sq. Meter be same or little more or less being Premises No. 15-093, in Street No. - (12 M. Wide) (Erstwhile plot No.AB-02 in Block No. AB) Category HIG (Individual –II) Situated in the New Town, Police Station – Rajarhat, District – North 24-Parganas, in favour of Sri Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to Xxxxx Xxxxx, the Shia Muslim Law Owner herein by which virtue of one Deed of AND WHEREAS In pursuance of letter No. MP-I/HIDCO/ADMN/2004 dated 4/1/2005 WBHIDCO LIMITED delivered possession of the said Xxxxxxxxx was governed at land measuring about 300.12 Sq. Metre be same or little more or less being Premises No. 15-093, in Street No. -93 (Erstwhile plot No. in Block No. AB-02) Category HIG(Individual –II) Situated in the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDNew Town, the Confirming Party hereinPolice Station – Rajarhat, became entitled to develop the said property District – North 24-Parganas, area more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063to XXXXX XXXXX XXXXX.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. With the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application intent of undertaking the development of the vendors said Premises the Owner and the Developer had entered into a Development Agreement dated 24th January 2018 which has been registered at the office of the A.D.S.R, Sealdah in Book No. I Volume No. 1606- 2018 Pages 9058 to 9097 Being No. 160600262 for the year 2018 whereby the Owner granted the exclusive right of development in respect of the property described said Premises unto and in schedule hereunderfavour 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 DEVELOPMENT AGREEMENT). AND WHEREAS By an Agreement dated ----------------------------- entered into between the parties hereto the Owner and the Developer agreed to sell and transfer and the Purchaser has agreed to purchase and acquire ALL THAT the Flat No. on the floor of the new building then in course of construction of the said Xxxxxxxxx died intestate Premises containing by estimation an area of TOGETHER WITH _ open/covered car parking space on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which ground floor of the said Xxxxxxxxx was governed at building TOGETHER WITH the time of his death. AND WHEREAS by diverse Deeds proportionate share in all common parts portions areas and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled facilities to develop comprise in the said property New Building and/or Housing Complex (more fully and particularly mentioned and described in the First and Second Schedules hereunder. THIRD SCHEDULE hereunder written) AND WHEREAS out TOGETHER WITH the undivided proportionate share or interest in the land forming part of the said entire land premises appurtenant thereto (more fully and particularly mentioned and described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property SECOND SCHEDULE hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS hereinafter referred to as the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under UNIT AND THE PROPERTIES APPURTENANT THERETO) for the provisions of Companies Act, 1956 consideration and subject to the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. terms and by virtue of which all the assets, liabilities conditions contained and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested recorded in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in Agreement (hereinafter referred to as the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (Eastsaid SALE AGREEMENT), Mumbai – 400 063.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Municipal Corporation has Trust Deed dated October 09, 2009 was amended by its order mutual consent of both the Management Company and the Trustee vide First Supplemental Trust Deed dated 27/9/1989 sanctioned & approved building plans on application September 07, 2010 registered with the Sub- Xxxxxxxxx-XX, Xxxxxx Xxxx, Xxxxxxx, under registration No. 150 of Book No. IV dated September 07, 2010 of the vendors in respect Xxx-Xxxxxxxxx-XX, Xxxxxx Xxxx, Xxxxxxx and M.F. Roll No.U-54848/6657 of the property described in schedule hereunderPhoto Registrar, Karachi dated 27- 09-2010
B. The Management Company has been authorized by the SECP vide its letter bearing reference No. AND WHEREAS ……….. dated attached herewith as Annexure “B” to constitute the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Trust under the name and Xxxx Xxxxx Xxxxxxxxx title of “NAFA SAVINGS PLUS FUND ” (hereinafter referred to as his only heirs “the Scheme” or “the Trust” or “the Unit Trust” or “the Fund”) and legal representatives according to register this Trust Deed (“the Shia Muslim Law by which Deed”), pending authorization for the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds establishment, operation and Assurances DESHMUKH ENTERPRISES now known registration as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out notified entity of the said entire land more particularly described Scheme in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under accordance with the provisions of Companies Act, 1956 the Rules and the Registrar Regulations and this Trust Deed;
C. The Management Company has nominated and appointed Central Depository Company of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name Pakistan Limited as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning trustee of the Scheme of Amalgamation and the Trustee has accepted such appointment upon the terms and conditions herein contained and the tariff structure for trusteeship as per Annexure “C” attached herewith;
D. The SECP has also approved the appointment of the Company herein with Modern Tiles Co. PvtTrustee vide its letter bearing reference No. Ltd. having NBFC-II/AD/NSPF/……… dated September XX, 2009 attached herewith as Annexure “D”;
1. 1The Securities & Exchange Commission of Pakistan (the Commission) has approved the amendments to the Trust Deed, vide its registered office at 000letter No. NBFC/RS/JD-VS/NAFA/NSPF/564/2010 dated July 15, Xxxxx Xxxxxx2010 which is annexed hereto as Annexure “A”, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.which amendments are being hereby effectuated by this First Supplemental Trust Deed,
Appears in 1 contract
Samples: Trust Deed
AND WHEREAS. Absolute Owners : In the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application manner stated above , the said Owners become the absolute joint Owners of the vendors said premises and are in respect possession of the property described Premises and the Owners have a marketable title thereto and are not aware of any defect in schedule hereunderthe title of the Premises and have not entered into any agreement creating any right in the Premises . . AND WHEREAS subsequently the Owners herein have entered into an Agreement for Construction and Development dated 13/06/2017. registered before the Additional District Sub Registrar at Alipore and recorded in Book No. I , Volume No. 1605-2017, Pages 101742. to 101742., Being No. 08897 160503386 for the Year 2017 with Xxx XXXXXX XXXX , having its office at Premises Xx. 000/0X, Xxxxxxx Xxxx , Xxxxxxx – 000 039, thereinafter called and referred to as the “Developer” with the right to construct a Ground plus Four storied building as per the sanctioned building plan and subsequently its modification , revision , as to be sanctioned by the Kolkata Municipal Corporation in or upon the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Premises as aforesaid, the particular of such property morefully described in First Schedule hereunder written with such terms and Xxxx Xxxxx Xxxxxxxxx conditions as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathclearly written therein . AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known under the aforesaid Agreement for Construction and Development executed by the Vendors as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop absolute Owners of the said property more particularly described premises mentioned in the First and Second Schedules hereunder. AND WHEREAS out Schedule herein below in favour of the Developer, herein a Scheme for the development of the said entire land more particularly premises was devised whereby the Developer is empowered to have the plans sanctioned and / or modified on the said premises morefully described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and to construct a new building having separate Flats/Units or saleable areas and to sell the same save and except the Owners’ allocation to Unit holders being nominees of the Developer and the conveyance will be executed and registered proportionately in favour of the Unit Holders after receipt of the entire consideration agreed between the Developer and the Purchaser. AND WHEREAS furthermore under the said Agreement for Construction and Development, the Vendors have also executed a General Power of Attorney dated 23/06/2017 registered before the Additional District Sub Registrar at Alipore and recorded in Book No. I , Volume No. 1605-2017, Pages. From 97904 to 97935, Being No. 160503696 for the Year 2017 in favour of XXX XXXXXX XXXX son of Xxxxx Xxxxxxx Xxxx as a Developer, it is shown surrounded within inter alia agreed , to have the red coloured boundary line plan sanctioned and/or modified on the Plan annexed heretoFirst Schedule property, carry out the development of the said premises and enter into agreement for sale with the prospective Flat/Unit Purchaser in respect of the Developer’s allocation for and on behalf of the Vendors as the nominees of the Developer. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company Developer subsequently going to prepare such building plan and got it sanctioned from the Kolkata Municipal Corporation. AND WHEREAS under the provisions said scheme of Companies Actdevelopment , 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations Developer out of the said partnership firm MDeveloper's Allocation has agreed to sell to the Purchaser herein all that the Flat/x. Xxxxxxxx Enterprises vested Unit No. 3B on 3rd Floor on Southern portion admeasuring 950 Sq .ft. (approx.) Super Built Up area and one covered Car Parking Space in the Ground floor along with undivided proportionate share of land attributable to the said company Deshmukh Builders Flat and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition Car Parking Space in the Hon’ble High Court new building to be constructed at Bombay the said Premises more fully described under the Second Schedule hereto in the Scheme of Amalgamation under Sections 391 and 394 lieu of the Companies Act, 1956 for sanctioning of consideration and on the Scheme of Amalgamation of terms and conditions which have been agreed between the Company parties hereto and are recorded herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063below.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application virtue of the vendors aforesaid purchase the Owner/Vendor No. 1 became absolutely seized and possessed of and/or otherwise well and sufficiently entitled to as co-owner of Premises Xx. 00/0X, Xxxxx Xxxx, Kolkata – 700029, measuring an area of 1 Cottah 12 Chittacks more or less alongwith easement rights, ingress and egress right to the said land and common passage and also together with the building standing thereon or on part thereof AND also as an absolute owner of Premises Xx. 00/0X, Xxxxx Xxxx, Kolkata – 700029, measuring an area of 4 Cottahs 14 Chittacks 20 Sq. Ft. more or less alongwith easement rights, ingress and egress right to the said land and common passage and also together with the one storied building standing thereon, Both the premises Totaling to an area of 6 Cottahs 10 Chittacks 20 Sq. Ft. more or less alongwith easement rights, ingress and egress right to both the land and common passage, hereinafter referred to as the ‘said Schedule – I Property’. fully described in respect the Schedule thereunder written, unto and in favour of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathOwner/Vendor No.2/Developer herein. AND WHEREAS by diverse Deeds virtue of the aforesaid purchase the Owner/Vendor No. 2/Developer herein became absolutely seized and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became possessed of and/or otherwise well and sufficiently entitled to develop as co-owner having undivided one-half share in Premises Xx. 00X, Xxxxx Xxxxxx Street, Kolkata – 700029, measuring an area of 4 Chittacks of land more or less alongwith easement rights, ingress and egress right to the said land and common passage AND also as co-owner of Premises Xx.00/0X, Xxxxx Xxxx, Kolkata – 700029, being the demarcated northern portion with the building standing thereon measuring an area of 6 Chittacks 31 Sq. Ft. of land more or less alongwith easement rights, ingress and egress right to the said land and common passage, Both the premises Totaling to an area of 10 Chittacks 31 Sq. Ft. more or less alongwith easement rights, ingress and egress right to both the land and common passage, hereinafter referred to as the ‘said Schedule – II Property’. piece and parcel of landed property measuring 4 Chittacks more particularly or less, together with the half portion of the old dilapidated two storied building standing thereon being Municipal Premises No. 15D, Xxxxx Xxxxxx Street (formerly a portion of 00/0, Xxxxx Xxxx), Kolkata – 700029, alongwith easement rights, ingress and egress right to the said land and common passage, more fully described in the First and Second Schedules hereunderSchedule thereunder written. AND WHEREAS out by virtue of the aforesaid Sri Xxxxx Xxxxx De, became seized and possessed of and/or otherwise well and sufficiently entitled to as co-owner of demarcated portion of an area measuring 1 Cottah 40 Sq. Ft. more or less of land, together with a dwelling unit standing thereon being the southern side of the aforesaid land alongwith the easements, amenities and facilities and with the right to use the common passage and underground drainage alongwith the other co-owners of the said entire Premises Xx. 00/0X, Xxxxx Xxxx, Kolkata – 700029 AND also as co- owner having an undivided portion measuring 4 Chittacks more or less of land in Premises Xx.00X, Xxxxx Xxxxxx Street, Kolkata – 700029, alongwith easement rights, ingress and egress right to the said land and common passage, Both the premises Totaling to an area of 1 Cottah 4 Chittacks 40 Sq. Ft. more particularly described in or less alongwith easement rights, ingress and egress right to both the First land and common passage, hereinafter referred to as the ‘said Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto– III Property’. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assetsabove-mentioned Sale Deeds and the Deed of Gift, liabilities the Owner/Vendor No. 1, the Owner/Vendor No.2/Developer and obligations Sri Xxxxx Xxxxx De became the absolute joint respective owners with physical possession of ALL THAT the piece and parcel of Land totaling admeasuring an area of 8 Cottahs 10 Chittacks 1 Sq. Ft. plus Land admeasuring an area of 1 Cottah 2 Chittacks 39 Sq. Ft. of common passage more or less, Totaling to an area of 9 Cottahs 12 Chittacks 40 Sq. Ft. more or less, being the Municipal Premises Nos. 75/2A & 00/0X, Xxxxx Xxxx and Xx.00X, Xxxxx Xxxxxx Street, Kolkata – 700029 including easement, ingress, egress and common passage, hereinafter for the sake of brevity referred to as the “said Property”. AND WHEREAS said Xxxxx Xxxxx De, since deceased, during his lifetime entered into an Agreement dated 12th March 1999 with the Owner/Vendor No. 1 and the Owner/Vendor No.2/Developer herein, for development of the said partnership firm M/x. Xxxxxxxx Enterprises vested Schedule – III Property as mentioned in the said company Deshmukh Builders Schedule thereunder written, on the terms and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063conditions mentioned therein.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. for the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application smooth running of the vendors said project, the Land Owner herein agreed to execute a Registered Development Agreement & Registered Power of Attorney, by which the Land Owner herein has appointed and nominated Xxxxxxx Groups as his Constituted Attorney as well as the Promoter/Developer, to act on behalf of the Land Owner and also for entering into any agreement for sale in respect of the property described Developer's Allocation in schedule hereunderthe name and on behalf of the Owner and also to appear before any Registrar of Assurances, District Registrar, Sub- Registrar, Additional District Sub-Registrar or other offices or authorities haying jurisdiction on that behalf and to present and execute all deeds, instruments and writings for the purpose of affirm on that behalf Promoter/Developer may deem necessary, expedient and proper. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Promoter/Developer herein, coming to know the facts of such desire of the Owner herein, has made a proposal in relation to the Shia Muslim Law by which aforesaid development of the said Xxxxxxxxx was governed at property before the time of his deathOwner. AND WHEREAS by diverse Deeds The Owner after necessary investigation and Assurances DESHMUKH ENTERPRISES now known as Mthorough understanding with the Promoter/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party Developer herein, became entitled has agreed to develop the said premises by the Promoter/Developer. Both the Parties hereto have mutually analysed, discussed, agreed and thereafter entered into a registered Development Agreement along with Developer Power of Attorney dated 05.03.2021, registered at D.S.R. - III, Alipore, South 24-Parganas and recorded into Book No.1, Volume No. 1603-2021, Pages from 41355 to 41394, Deed No. 160301612 for the year 2021 for the construction of a new Ground plus Four storied building with Lift facility upon the aforesaid property more particularly described as per the sanctioned building plan under certain terms and conditions as mentioned therein and in the First said registered Development Agreement along with Developer Power of Attorney the entire Developer’s Allocation and Second Schedules hereunderalso the entire Owner’s Allocation have been properly described. AND WHEREAS out of subsequently the said entire land more particularly described in Promoter/Developer has applied before the First Schedule of Property hereunder written, K.M.C. to sanction the building plan and a part/portion thereunder admeasuring 1982.25 sqGround plus Four storied building plan with Lift facility which has now been approved by K.M.C. vide sanctioned building Permit No. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 2022120467 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 06318.01.2023.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. by virtue of an agreement for sale dated made between the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans Purchaser herein and the Vendors/Owners herein and the Developer herein, the Purchaser herein agreed to purchase one self-contained flat being ALL THAT Flat No. “ ” measuring about Sq. ft. being Carpet area including Balcony and Sq. ft. being Carpet Area excluding Balcony ( Sq. ft. being Super Built-up area) on application the side of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDFloor, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out Type-D of the said entire G+14 storied building in Block – 2 namely “Daffodil” along with One Shed Car Parking space admeasuring more or less square feet in the ground floor in Plot – 2, of the Housing Complex christened as “RAJWADA ROYAL GARDENS”, being erected at the Said Property being Municipal Holding Nos. 154, School Road, Mouza- Rajpur, P.O. – Narendrapur & P.S. - Sonarpur, Kolkata-700103, District South 24 Parganas, together with undivided and indivisible proportionate share in the land underneath together with common rights, facilities and amenities and common service and expenses mentioned therein for and at a total price of Rs. /- (Rupees ) only, hereinafter referred to as the “said Flat and Car Parking space”, more fully and particularly described in the First Schedule of Property Part II hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening AND WHEREAS in terms of the Ghodbunder Road agreement for sale dated the Owners/ Vendors and thereforethe Developer herein have agreed to sell and transfer oneself ALL THAT Flat No. “ ” measuring about Sq. ft. being Carpet area including Balcony and Sq. ft. being Carpet Area excluding Balcony ( Sq. ft. being Super Built-up area) on the side of the Floor, Type-D of the balance net plot area that was available said G+14 storied building in Block – 2 namely “Daffodil” along with One Shed Car Parking space admeasuring more or less 120 square feet in the ground floor in Plot – 2, of the Housing Complex christened as “RAJWADA ROYAL GARDENS”, being erected at the Said Property being Municipal Holding Nos. 154, School Road, Mouza- Rajpur, P.O. – Narendrapur & P.S. - Sonarpur, Kolkata-700103, District South 24 Parganas, within the jurisdiction of Rajpur-Sonarpur Municipality, Ward no. 26, at or for development was 8947.75 sqa valuable consideration of Rs. meters as /- (Rupees ) only, and the same is more fully and particularly described in the Second First Schedule Part II hereunder written together with undivided, indivisible proportionate share in the land describe in the First Schedule hereto along with proportionate share in the common spaces, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other Shed spaces, common path of the Property properties necessary and convenient to its ingress to and egress from, maintenance for common use, motor, pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection etc. which has been mentioned more fully and particularly in the Third Schedule hereunder written and is shown surrounded within with lawful aforesaid consideration subject to the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which purchaser’ undertaking to pay proportionally all the assetscommon charges, liabilities and obligations fees, duties, levies, taxes, rents, impositions, outgoings etc. which are required for the purpose of the said partnership firm Mpremises and also for the purposes of the said building along with other owners, occupiers of the building or flat/x. Xxxxxxxx Enterprises vested apartment holders thereto as more fully and particularly described in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Fourth Schedule hereunder written.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. in the Thane records of Kolkata Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Corporation, the names of the vendors in respect said first owner and the second owner have been duly recorded as the Owners of the property described in schedule hereundersaid entire premises Xx. AND WHEREAS 000X, Xxxxxx Xxxxxx Xxxx, X.X. Xxxxxxx, Xxxxxxx-000 039, containing a land area of 17 Bighas 14 Cottahs and 09.8 Chittacks together with the said Xxxxxxxxx died intestate sheds, constructions and walls standing on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathdiverse parts thereof. AND WHEREAS by diverse Deeds a Deed of Gift dated 8th August, 2013 registered as Being No. 07758 for the year 2013 at the Additional Registrar of Assurances- I, Kolkata in respect of an area measuring 30.99 sq. metres gifted to the Kolkata Municipal Corporation for sanction of the building plans has been executed in clarification of the earlier deed of gift dated 17.05.13 registered as Being No. 04868 for the year 2013 with Additional Registrar of Assurances- I, Kolkata and Assurances DESHMUKH ENTERPRISES now known both the said deeds are related to the same land area without intending to gift any other area to the Kolkata Municipal Corporation for sanction of the building plans. AND WHEREAS by a Deed of Gift dated 8th August, 2013 registered as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDBeing No. 07759 for the year 2013 at the Additional Registrar of Assurances- I, Kolkata in respect of an area measuring 34.35 sq. metres gifted to the Kolkata Municipal Corporation for sanction of the building plans has been executed in clarification of the earlier deed of gift dated 17.05.13 registered as Being No. 04866 for the year 2013 with Additional Registrar of Assurances- I, Kolkata and both the said deeds are related to the same land area without intending to gift any other area to the Kolkata Municipal Corporation for sanction of the building plans. AND WHEREAS for the purpose of enabling the sanction of the building plan as applied for by the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, the Confirming Party hereinsaid Owners have, became entitled to develop by a Deed of Gift dated 14th March, 2015, made between the said property First Owners and the Second Owners therein jointly called the Donors of the one part and the Kolkata Municipal Corporation therein called the Donee of the Other part and duly registered in Book No. 1, as being No.02685 for the year 2015 with the Additional Registrar of Assurances I, Kolkata for the consideration therein mentioned, voluntarily transferred by way of absolute gift an area containing 33 Cottahs 4 Chittacks and 22.96 square feet (equivalent to 2226.42 square meters) more particularly or less being a portion of the said premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx, described in the First Schedule thereunder written and Second Schedules hereundershown in red hatched lines in the plan thereto annexed. AND WHEREAS out Therefore the earlier Gift Deed No. 04867 for the year 2013 dated 17.05.13 registered with Additional Registrar of Assurances-I, Kolkata in respect of a strip of land having an area of 131.87 sq.mtrs. also relates to a portion of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters gifted as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063mentioned above.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Developer herein with a view to develop the said land by its order dated 27/9/1989 sanctioned & approved building way of construction consists of numbers of flat, in the Multistoried building, formulated scheme and necessary plans on application and specification for the purpose of construction of the vendors in respect of said apartment building which has been sanctioned and approved by the property described in schedule hereundercompetent authority. AND WHEREAS under the aforesaid Development Agreement the MEGENTA DISTRIBUTORS PVT. LTD and XXXXXX MANAGEMENT PVT LTD specifically granted right to the Developer to enter into Agreement for sale of Flat or portion of the building and further more by a separate Power of Attorney executed immediately after the execution of the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Development Agreement, the MEGENTA DISTRIBUTORS PVT. LTD and Xxxx Xxxxx Xxxxxxxxx as his only heirs XXXXXX MANAGEMENT PVT LTD authorize the Developer to sell and legal representatives according transfer all the flats and portion of the building and enter into all contracts and agreement in connection thereof to any intending Purchaser or Purchasers save and except the Shia Muslim Law by which allocated portion of the said Xxxxxxxxx was governed at MEGENTA DISTRIBUTORS PVT. LTD and XXXXXX MANAGEMENT PVT LTD in terms of the time of his deathDevelopment Agreement both dated 18.06.2014 and 20.02.2015. AND WHEREAS by diverse Deeds the Development Agreement both dated 18.06.2014 and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, 20.02.2015 the Confirming Party herein, became entitled Developer have been empowered to develop build the proposed building upon the said property more particularly described land in accordance with the First sanctioned plan or enter into any contract or agreement with the intending Purchaser/s or take advance from the said intending Purchaser/s against the respective unit and Second Schedules hereunderalso Developer have been empowered to collect the consideration money from the sale of Developer’s allocation from the intending Purchaser/s and issue money receipt in its own name and moreover take advance of consideration money from the intending Purchaser/s for Developer’s allocation. AND WHEREAS out by virtue of the said entire Development Agreement and vested power the Developer has taken delivery of peaceful and khas possession of the land more particularly described as specifically mentioned in the First Schedule of Property ‘A’ hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road MEGENTA DISTRIBUTORS PVT. LTD and thereforeXXXXXX MANAGEMENT PVT LTD, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations Developer started construction of the said partnership firm M/x. Xxxxxxxx Enterprises vested in proposed building upon the said company Deshmukh Builders land as per Plan sanctioned and Developers Pvtapproved by the Zila Parishad, 24 Parganas (N). Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in District Engineer on 26.04.2018 and sanctioned by the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies ActPradhan, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.Falti Beliaghata Gram Panchyat on 21.05.2018..
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation Said Project is being developed pursuant to License No.63 of 2019 dated 05.06.2019 (hereinafter referred to as the “Said License”) granted by Director Town and Country Planning, Haryana, Chandigarh (hereinafter referred to as DTCP) for construction and development of an Affordable Group Housing Project on the said Land as per the Haryana Affordable Housing Policy, 2013, issued by Government of Haryana vide Town and Country Planning Department notification dated 19.08.2013 and all modifications and amendments thereunder, (hereinafter referred to as the “Policy”). While the License No. 63 of 2019 has by its order dated 27/9/1989 sanctioned & approved building plans on application been issued in addition to License no. 15 of 2016, the vendors in respect of said Project is being constructed as an independent project, while the property described in schedule hereunderlayout plan, zoning plan and environmental clearance issued qua both the licenses are common. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Company has got the building plans approved vide memo No. ZP-1129/JD(RM)/2019/28274 Dated 18.11.2019 from the office of DTCP, and Xxxx Xxxxx Xxxxxxxxx as his only heirs such the Said Project is being developed and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line constructed on the Plan annexed heretoSaid Land in accordance therewith. AND WHEREAS the said partnership firm MSaid Project is being developed by the Company in accordance with the aforesaid approvals and sanctions including environment clearance, as aforesaid, and other regulatory approvals and is being developed in terms of the Policy. AND WHEREAS the Said Project comprises of several buildings/x. Xxxxxxxx Enterprises towers consisting of various apartments along with common/support infrastructure, parking sites, and a community building (community hall, anganwadi-cum-crèche) in terms of the Policy including commercial building/Component. AND WHEREAS the Allottee acknowledged and confirmed that the Company has been converted into a Limited provided all information, clarifications and documents in relation to the sanctions, approvals and details of the Said Project as was demanded by him and he has fully satisfied with the same and had relied on his own judgement and investigation in deciding to apply for allotment of the Said Apartment (defined hereinafter) in the Said Project. AND WHEREAS the Allottee has applied to the Company for allotment of an Apartment in the Said Project vide his/her Application No. together with required affidavit and undertaking in terms of the Policy. AND WHEREAS pursuant to the aforesaid application, and in terms of the Policy, Apartment No ,in Tower , having carpet Area of & Balcony Area of (more specific layout shown in “Annexure-A” to this Agreement),on Floor, together with the One (1) two xxxxxxx parking space (hereinafter referred to as the “Said Apartment”), in the Said Project, was allotted to the Allottee vide Allotment Letter dated , in terms of the Policy and on other terms and conditions appearing hereinafter. The Company has since registered the Said Project under the provisions of Companies the Real Estate (Regulation and Development) Act, 1956 2016 read with the Rules notified there under by the Haryana Real Estate Regulatory Authority, Punchkula on 24.10.2019 under registration no. HRERA-PKL-FBD-170-2019 of 2019; Allottee(s) 02 Company AND WHEREAS the Allottee has seen, satisfied himself/herself/themselves and accepted the Registrar of Companyplans, Mumbaidesigns, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering specifications, materials to be used, features in the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTconstruction etc. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested Project and further has already inspected all the licenses, plans, permissions, sanctions, approvals etc. received from the various authorities in relation to the Said Project. AND WHEREAS the Allottee, after inspection of the site, documents, ownership records of the land, inter-related agreement including laws, bye-laws, rules, regulations formulated by the statutory authorities, which are applicable to the said project and after having been satisfied with all the facts, has applied to the Company for allotment of the Apartment in the said company Deshmukh Builders and Developers PvtSaid Project. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 Allottee agrees that he has full knowledge of the Companies fact that the aforesaid allotment of the Said Apartment is subject to various eligibility criteria and restrictive covenants prescribed under the Policy. The Allottee represents and warrants that he/she fully meets all the eligibility criteria and undertakes to abide by all the terms and conditions of the Policy and undertake to abide by the applicable provisions of the Policy and any other applicable laws, rules, regulations, bye-laws or orders made pursuant thereto or otherwise applicable including but not limited to the Haryana Real Estate (Regulation and Development) Act, 1956 for sanctioning of 2016 and Rules framed thereunder to the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063extent applicable.
Appears in 1 contract
Samples: Buyer’s Agreement
AND WHEREAS. the Thane Municipal Corporation has said owners appointed their architect and by its order dated 27/9/1989 sanctioned & approved building plans on application prepared layout of the vendors in respect said property and divided the said property into several plots providing for common internal roads, areas of common use, amenity space and open space. The said layout of the said property described has been approved by the Town Planning authority for the locality and the Town Planning Authority, Satara, as per the Order passed by the Sub-Divisional Officer, Wai, bearing No. Binsheti/SR/171/2014 Wai dtd. 03/03/2015. The effect of the said NA order has been taken in schedule hereunderother rights column vide Mutation Entry No. after certification of the said mutation entry by the Circle Officer of Khandala, Xxx-Xxxxxxxx, Dist. Satara. A copy of the said Order & Layout are annexed hereto. AND WHEREAS by virtue of the registered sale deed, NA order and sanctioned Layout Plan the owner has got all rights to sell the plots out of the said Lay out to the prospective purchasers. The owner has every right to sellout the plots to the proposed purchasers by developing the said Property and by providing certain amenities and facilities, which are more particularly mentioned herein below. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx basic purpose of the entire project is to provide legal, clear titled and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according without encumbrance property to the Shia Muslim Law by which the said Xxxxxxxxx was governed genuine buyer so as to facilitate him to construct residential bungalows / row houses at the time of his deathown cost. AND WHEREAS by diverse Deeds the Owner/s has named the entire housing project as “FORTUNE PARRK” for its locality and Assurances DESHMUKH ENTERPRISES now known identification. (Hereinafter referred to as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder“The Said Project”). AND WHEREAS the purchasers herein came to know about the scheme and enquired about price of the plot out of the said entire land more particularly described Lay out, which is reasonable & best in the First Schedule of Property hereunder writtenmarket and therefore having being satisfied with the price, a part/portion thereunder admeasuring 1982.25 agreed & offered to purchase one Plot No. adm. Sq mtrs. i.e. sq. meters had been surrendered for the widening of the Ghodbunder Road fts. and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as which is more particularly described in the Second Schedule of the Property Schedule-II hereunder written and is shown surrounded within & hereinafter referred to as the red coloured boundary line on the Plan annexed heretosaid Plot. AND WHEREAS the said partnership firm MPurchasers requested to the owner/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 s and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering owner/s have furnished all title documents for the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all inspection to the assets, liabilities and obligations Purchasers in respect of the said partnership firm MProject. The Owner/x. Xxxxxxxx Enterprises vested s further requested the Purchaser to carry out his independent search by appointing his/ her/their own Advocate, which the purchaser has done and the Purchasers having being satisfied themselves about the marketable title of the Project and buildability of the bungalow / row houses and / or any kind of house, the Purchaser agreed to purchase the said Plot for the price of Rs. /- (Rupees Only). inclusive of Infrastructural Cost. AND WHEREAS in pursuant with the above said agreed consideration by the Purchasers, it has been agreed that, the Owner/s shall sell, transfer, convey, assign, the said Plot to the Purchaser and the Purchasers herein shall purchase, acquire from the Owner/s, the said Plot No. admeasuring Sq. Mtrs. i.e. Sq. fts., in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 project known as “FORTUNE PARK” out of the Companies ActLay out No of Gat No. 402, 1956 situated at Village- Aswali, Tal– Khandala, Dist– Satara, at and for sanctioning the total agreed consideration of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. PvtRs. Ltd. having its registered office at 000/- (Rupees NOW THIS AGREEMENT FOR SALE WITNESSES, Xxxxx XxxxxxRECORDS, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS………
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned Xxxxx Xxxx Xxxx alias Xxxxx Xxxxxxx alias Xxxxx Xxxxxxx during her uninterrupted ownership & approved building plans on application possession of the vendors scheduled property transferred the scheduled property on 23/11/2014 in respect favour of her son Xxxxxx Xxxxxxx, S/o. Late Xxxxxx Xxxxxxx vide registered deed of gift being no. 7010 for the property described in schedule hereunderyear 2014, before A.D.S.R., Burdwan. AND WHEREAS the said Xxxxxxxxx died intestate present OWNER namely Xxxxxx Xxxxxxx since 23/11/2014 became absolute owner & possessor of the scheduled property & got his name recorded in the X.X. record of right under Khatian No. 3093 & mutated his name in the office of the Burdwan Municipality & is paying and revenues and taxes of the scheduled property accordingly and accordingly started the process to discharge his legal obligations of payment of Govt. rents etc. in the name on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx appropriate receipt thereof and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which thereby has acquired absolute title in the said Xxxxxxxxx was governed at property to which he is entitled. Hence the time OWNER has acquired a good title over the First Schedule mentioned property without any interference or intervention of his deathany or by any other person. AND WHEREAS there was a large portion of vacant land with huge structure thereon being the First Schedule mentioned Property which was not maintained and which was more specifically described below and thereby the OWNER has taken decision to construct of multistoried commercial cum residential building inclusive of Shops and Offices and Flats/Residential Units and Car Parking Spaces by diverse Deeds constructing building and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property premises i.e., the vacant land which is more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly specifically described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for below and which is not being looked after by the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described OWNER due to his habitation uncertainty in the Second Schedule City of Burdwan and occupational requirement and dilemma and thereby the Property hereunder written OWNER has taken decision to construct of Commercial cum Residential building inclusive of Shops and is shown surrounded within Offices and Flats/Residential Units/Car Parking Spaces and to develop the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.premises i.e.,
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has said Learned Court of 3rd Sub Judge at Alipore being satisfied with the application filed by its order the parties in the said T.S. No- 16 of 1941 and according to the reports subtitled by the Ld. Pleader Commissioner, passed the Final Decree being the Order No- 546 dated 27/9/1989 sanctioned & approved building plans on application of 14th July 1971 and as such the vendors said property was amicably divided and demarcated. As a result thereof, the said SHRI XXXXXXX XXXXXX became the absolute owner in respect of his 20 Bighas of demarcated landed property being marked as Plot no. - `Ja' according to the property described map or plan finally sketched by appointed Ld. Pleader Commissioner in schedule hereunderthe said suit. AND WHEREAS while the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx SHRI XXXXXXX XXXXXX son of Late Promode Xxxxxxx Xxxxxxxxx Xxxxxx had been enjoying the right, title and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time possession in respect of his death20 Bighas of landed property being marked as plot no-',Ja' in Mouza- Nayabad, made a scheme plan for dividing his entire land into small plots of demarcated land for transferring the same. AND WHEREAS by diverse Deeds during the life time of said SHRI XXXXXXX XXXXXX son of Late Promode Xxxxxxx Xxxxxx since deceased made a master plan in connection with his big plot of land comprising in several Dags and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, Khatians and the Confirming Party herein, became entitled to develop schedule plot of land lying under the said property more particularly described R.S. Dag No-200 under R.S. Khatian No. 113 & 114 in the First and Second Schedules hereunderMouza Nayabad. AND WHEREAS out while the said SHRI XXXXXXX XXXXXX son of Late Promode Xxxxxxx Xxxxxx had been enjoying the right, title and possession in respect of his 20 Bighas of landed property being marked as plot no- ‘Ja’ in Mouza- Nayabad sold, conveyed and transferred a demarcated land measuring more or less 07 Kattah 04Chittaks appertaining to R.S. Dag No. 200 to one SHRI SURABIR GUPTA, son of Late Xxxxxx Xxxx Gupta by virtue of a `Deed of Conveyance' which was registered in the office of the said entire land more particularly described S.R. Alipore on 23/09/1985 and duly recorded in the First Schedule of Property hereunder writtenBook No- I, a part/portion thereunder admeasuring 1982.25 sqVolume No 146, written in pages 1187 to 1194, Being no. meters had been surrendered - 8200 and for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoYear 1985. AND WHEREAS while the said partnership firm M/x. Xxxxxxxx Enterprises has SHRI SURABIR GUPTA, son of Late Xxxxxx Xxxx Gupta had been converted into enjoying the right, title and possession in respect of his land measuring more or less 07 Kattah 04 Chittaks appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113 & 114 in Mouza- Nayabad, sold, conveyed and transferred a Limited Company under the provisions demarcated portion of Companies Actland i.e. measuring more or less 04 Kattah 04 Chittaks to one SMT. XXXXX XXX, 1956 and the Registrar wife of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and Shri Xxxxxx Xxx by virtue of a 'Deed of Conveyance' which all was registered in the assets, liabilities and obligations office of the D.S.R-III at Alipore on 04/09/1998 and duly recorded in Book No 1, Volume No 66, written in pages 145 to 162. Being no 2506 and for the Year 1999. AND WHEREAS while the said partnership firm M/x. Xxxxxxxx Enterprises vested SMT. XXXXX XXX, wife of Shri Xxxxxx Xxx had been enjoying the right, title and possession in respect of her said demarcated purchased land measuring more or less 04 Kattah 04 Chittaks appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113& 114 in Mouza- Nayabad, sold, conveyed and transferred the same to one 1) XXXXX XXXXX XXX (HUF), represented by its Karta, Xx. Xxxxx Xxxxx Xxx and 2) SMT. XXXXX XXX, wife of Shri Manik Xxxxx Xxx by virtue of a `Deed of Conveyance' which was registered in the said company Deshmukh Builders office of the A.D.S.R. at Sealdah on 21/03/2012 and Developers Pvtduly recorded in Book No. Ltd. –I, CD Volume No. -2, written in pages 8304 to 8331, Being no. -905 and for the Year 2012. AND WHEREAS DESHMUKH BUILDERS on the other hand, while the said SHRI SURABIR GUPTA, son of Late Xxxxxx Xxxx Gupta had been enjoying the right, title and possession in respect of his remaining land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113 & DEVELOPERS PVT. LTD. filed 114 in Mouza- Nayabad, executed a petition 'General Power of Attorney' in the Hon’ble High Court at Bombay name of SHRI XXXXX XXXXXXXXX, son of Late Xxxxxxxx Xxxxxxxxx for transferring his said land measuring more or less 03 Kattah to any person or persons and the said 'General Power of Attorney' was registered in the Scheme of Amalgamation under Sections 391 and 394 office of the Companies ActD.S.R. at Alipore on 23/10/1998 and duly recorded in Book No. -IV, 1956 Volume No.-.7, written in pages 216 to 222, Being no. -291 and for sanctioning the Year 1998. AND WHEREAS while the said SHRI SURABIR GUPTA, son of Late Xxxxx Nath Gupta had been enjoying the right, title and possession in respect of his remaining land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113& 114 in Mouza-Nayabad, sold, conveyed and transferred the same i.e. measuring more or less 03 Kattah to one SMT. XXXXX XXX, wife of Shri Xxxxxx Xxx by virtue of a 'Deed of Conveyance' through his aforesaid constituted lawful attorney which was registered in the office of the Scheme D.S.R-III at Alipore on 27/09/1999 and duly recorded in Book No-I, Volume No. -83, written in pages 261 to 272, Being no-3251 and for the Year 1999. AND WHEREAS while the said SMT. XXXXX XXX, wife of Amalgamation Shri Xxxxxx Xxx had been enjoying the right, title and possession in respect of her another demarcated purchased land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113&114 in Mouza- Nayabad, sold, conveyed and transferred the same to one 1) XXXXX XXXXX XXX (HUF), represented by its Karta, Xx. Xxxxx Xxxxx Xxx and 2) SMT. XXXXX XXX, wife of Shri Manik Xxxxx Xxx, by virtue of another ‘Deed of Conveyance' which was registered in the office of the Company herein with Modern Tiles Co. PvtA.D.S.R. at Sealdah on 21/03/2012 and duly recorded in Book Xx. Ltd. having its registered office at 000-0, Xxxxx XxxxxxXX Xxxxxx Xx. -0, Xxxxxxxx Xxxxwritten in pages 9082 to 9109, Goregaon (East), Mumbai – 400 063Being no. - 936 and for the Year 2012.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. The FIRST PARTY for his bonafide needs and requirements have agreed to sell, convey, transfer and assign to the Thane Municipal Corporation SECOND PARTY and the SECOND PARTY has by its order dated 27/9/1989 sanctioned & approved agreed to purchase the alongwith proportionate, undivided, indivisible and impartible ownership rights in the said freehold land underneath the said building plans on application measuring 250 square yards, situated at sector 9 GK Part 1, with all rights, title and interest, easements, privileges and appurtenances thereto, with all fittings, fixtures, electricity and water connections, structure standing thereon, with all rights in common driveway, entrances, passages, staircase and other common facilities and amenities provided therein, hereinafter referred to as "THE SAID PORTION OF THE SAID PROPERTY" for a total sale consideration of Rs. 1 CR (Rupees one crore). NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER :- That in consideration of the vendors sum of Rs. 1 CR/- (Rupees one crore), out of which a sum of Rs. 50 lakhs/- (Rupees fifty lakhs), as advance money has been received by the FIRST PARTY from the SECOND PARTY, in the following manner; The receipt of which the FIRST PARTY hereby admits and acknowledges and the remaining balance sum of Rs. 50 lakhs/- (Rupees fifty lakhs), will be received by the FIRST PARTY from the SECOND PARTY, at the time of registration of the Sale Deed, the FIRST PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights, titles and interests in the said portion of the said property, fully described above,together with proportionate undivided, indivisible and impartible ownership rights in the freehold land underneath the said building to the SECOND PARTY, on the terms and conditions herein contained provided that nothing herein stated shall confer or deemed to have conferred upon the SECOND PARTY exclusively any right or title to the common driveway, passages, staircase, overhead water tanks, sewers, water meters and other common facilities to the exclusion of the FIRST PARTY and or the SECOND PARTY or owners or occupants of the other units of the said building. That the actual physical vacant possession of the said portion of the said property will be delivered by the FIRST PARTY to the SECOND PARTY, at the time of the registration of the Sale Deed, after receiving the full consideration. That on or before, the FIRST PARTY will execute and get the Sale Deed of the said portion of the said property registered, in favour of the SECOND PARTY or his nominee/s, on receipt of the full and final balance amount, failing which either party shall be entitled to get the Sale Deed registered through the court of law by SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost and expenses of the defaulting party. That the FIRST PARTY hereby assures the SECOND PARTY that the FIRST PARTY has neither done nor been party to any act whereby the FIRST PARTY's rights and title to the said portion of the said property may in any way be impaired or whereby the FIRST PARTY may be prevented from transferring the said portion of the said property. That the FIRST PARTY hereby declares and represents that the said portion of the said property is not subject matter of any HUF and that no part of the said portion of the said property is owned by any minor. That the FIRST PARTY assures the SECOND PARTY that the said portion of the said property is free from all kinds of encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal flaw, claims, prior Agreement to Sell, Loan, Surety, Security, lien, court injunction, litigation, stay order, notices, charges, family or religious dispute, acquisition, attachment in the decree of any court, hypothecation, Income Tax or Wealth Tax attachment or any other registered or unregistered encumbrances whatsoever, and if it is ever proved otherwise, or if the whole or any part of the said portion of the said property is ever taken away or goes out from the possession of the SECOND PARTY on account of any legal defect in the ownership and title of the FIRST PARTY then the FIRST PARTY will be liable and responsible to make good the loss suffered by the SECOND PARTY and keep the SECOND PARTY saved, harmless and indemnified against all such losses and damages suffered by the SECOND PARTY. That the house tax, water and electricity charges and other dues and demands if any payable in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time portion of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in shall be paid by the First FIRST PARTY upto the date of handing over the possession and Second Schedules hereunderthereafter the SECOND PARTY will be responsible for the payment of the same. AND WHEREAS out That no common parts of the building shall be used by the SECOND PARTY or other owners/occupants of the said entire land more particularly described building for keeping/chaining pets, dogs, birds or for storage of cycles, motor cycles nor the common passage shall be blocked in any manner. That the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and proportionate common maintenance charges will be paid by virtue of which all the assets, liabilities and obligations occupants/owners of the said partnership firm M/x. Xxxxxxxx Enterprises vested building in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 proportion of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063area occupied by them.
Appears in 1 contract
Samples: Land Sale Agreement
AND WHEREAS. the Thane Municipal Corporation said Xxxxxxxxxx Xxxxxx as the only legal heir of Xxxxxxx Xxxxxx, had also recorded his name in the R.S. Record of Right in connection with Mutation Case No. 113/2009 and the name of Xxxxxxxxxx Xxxxxx therein has been duly recorded under the said Mutation case which has been duly intimated by its order dated 27/9/1989 sanctioned & approved building plans on application way of issuing a Mutation Certificate U/s. 50/50A of the vendors in respect West Bengal Land Reforms Act, 1955 being Memo No. 510/Addl. O/C T.S.U/10 dated 14.05.2010 by which Memo the name of the property described said Xxxxxxxxxx Xxxxxx was recorded in schedule hereunderthe Settlement Record who was also been paying taxes to the State of West Bengal and had been enjoying peaceful possession over the premises in Schedule ‘A’ hereinbelow as of right peacefully, uninterruptedly and adversely to the acknowledge of all concerned. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Xxxxxxxxxx Xxxxxx being absolute 16 Annas owner of the property in Schedule intended to sell and Xxxx Xxxxx Xxxxxxxxx as his only heirs convey the property in Schedule herein below and legal representatives according M/s. Panchmahal Projects Private Limited, being the present vendor herein and purchaser therein has agreed to the Shia Muslim Law by which purchase the said Xxxxxxxxx was governed at 16 Annas property as fully described in the time of his deathSchedule hereunder along with all common parts and portions and other easement, privileges and amenities attached thereto. AND WHEREAS Panchmahal Projects Private Limited (being the present Promoter/ Vendor herein and purchaser therein) has duly purchased the said 16 xxxx property from the said Xxxxxxxxxx Xxxxxx by diverse Deeds a Deed of Conveyance dated 31st day of May, 2013 and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe said Deed of Conveyance was duly registered in the office of the District Sub-Registrar, Howrah recorded in Book No. I, Volume No. 18, pages from 1117 to 1139 being No. 05339 for the Confirming Party herein, became entitled to develop year 2013 and possessed and enjoyed the said property more particularly described in by paying necessary municipal rates and taxes and the First said 16 annas property is free from all encumbrances, lien, lispendeses and Second Schedules hereundercharges. AND WHEREAS out after purchasing the said premises the Promoter/ Vendor herein mutated its name in respect of the said entire land more particularly described property in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening records of the Ghodbunder Road Howrah Municipal Corporation and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. obtained a sanctioned plan being building AND WHEREAS after obtaining the said partnership firm M/x. Xxxxxxxx Enterprises sanctioned plan the vendor has been converted into a Limited Company under the provisions of Companies Act, 1956 commenced development and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations construction work of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 premises for construction of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063multi storied building.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. since then the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Vendor herein became the absolute owner of the vendors said property and is now seized and possessed of and / or otherwise well AND WHEREAS Thus the said Vendor herein is became absolutely seized and possessed of and/or otherwise well and sufficiently entitled to the property by virtue of purchase an absolute estate in respect fee simple possession to the said piece and parcel of land measuring about 301.09 Sq. Meter or 4.50 Cottah be the same a little more or less, being Plot No. CE/1/B/000, xx Xxxxxx Xx. 000, xx Xxxxx No. CE, Land – CE/1, Action Area – 1C, situated in the New Town, Police Station Rajarhat at present New Town, District - North 24-Parganas under Mahishbathan Gram Panchayat now within the jurisdiction New Town Kolkata Development Authority under Additional District Sub-Registration Office Rajarhat, New Town, fully described in the Schedule hereunder written and (hereinafter for the sake of brevity referred to as the `said Property'). AND WHEREAS with a view to develop the aforesaid property by raising construction of a G+IV storied building, the Vendor herein prepared a Building Plan with the help of one reputed Architect and submitted the same before the concerned Authority for necessary approval and after obtaining the Building Sanctioned Plan being Pin No. 0040018120191217 dated AND WHEREAS the Vendor must obtain completion or occupancy certificate from the New Town Kolkata Development Authority of the property described in schedule hereunderbuilding made against the Sanctioned Plan being Pin No. 0040018120191217 and as and when the same is collected from the New Town Kolkata Development Authority then handed over a copy of the Occupancy Certificate to the Purchaser herein. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which sanctioned building plan comprised of self contained independent flat/commercial space/shops/garage/car parking spaces in the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretobuilding. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of Vendor decided to sell the said partnership firm Mresidential flat, shops/x. Xxxxxxxx Enterprises vested commercial space/garage/car parking spaces in the said company Deshmukh Builders and Developers PvtG+IV storied building in the said property to the intending Purchaser/Purchaser on ownership basis. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition the Purchaser/Allottee has taken inspection of the abstracts of title as also the said sanctioned plan and specifications relating to the said property and the said building thereon and made themselves fully conversant with the contents hereof and has fully satisfied himself with the construction quality, the Title of the Vendor and the Vendor’s right to receive the entire consideration money which has been paid by the Purchaser to the Vendor herein Together With proportionate undivided impartible and variable share interest and ownership in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063land.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. subsequently the Thane Municipal Corporation DEVELOPER sanctioned the building plan as partly Ground Plus Four storied as per prevailing building Rules of KMC vide sanctioned Building Permit No. 2022120131 dated 04.07.2022 from the K.M.C. Borough Office – XII and thus by virtue of mutual discussion between the OWNER and the DEVELOPER, the Allocation of both the OWNER and the DEVELOPER was altered and changed and the same has been established by its order virtue of a registered Supplementary Agreement alongwith Power of Attorney dated 27/9/1989 08.09.2021, registered at D.S.R. - IV, Alipore, South 24- Parganas and recorded into Book No.1, Volume No. 1604-2021, Pages from 285220 to 285246, Deed No. 160407866 for the year 2021 and now the DEVELOPER has developed as well as promoted the entire premises as described in the SCHEDULE – ‘A’ below as per aforesaid sanctioned & approved building plans on application plan and the flat together with one Parking Space which is hereby being sold in favour of the vendors in respect of PURCHASER is off Owner’s Allocation and the property described in schedule hereunderOWNER has received the entire consideration sum. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx West Bengal Government introduced the new Promoter and Xxxx Xxxxx Xxxxxxxxx Builder Law as his only heirs per The West Bengal Real Estate (Regulation and legal representatives according to Development) Act, 2016 and also The West Bengal Real Estate (Regulation and Development) Rules, 2021. The DEVELOPER has now taken the Shia Muslim Law by which registration of this project under this Act and Building Rules vide Registration No. dated and the said Xxxxxxxxx was governed at AND WHEREAS the time Flat and Car Parking Space as mentioned in the SCHEDULE - B below are of his deathDeveloper’s allocated portion and the DEVELOPER has received the entire sale proceeds i.e. consideration amount from the intending Purchaser herein. AND WHEREAS by diverse Deeds during construction of the building the PROMOTER/DEVELOPER declared to sell the flats etc. with habitable use of the DEVELOPER'S ALLOCATION and Assurances DESHMUKH ENTERPRISES now known as Mthe PURCHASER herein knowing the same and also after satisfaction of the title of the property agreed to purchase one residential Apartment/X. XXXXXXXX BUILDERS PRIVATE LIMITEDFlat/Unit No. ___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of ____ Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the Confirming Party hereinbuilding and the flat is consisting of Bed rooms, became entitled 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to develop park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor of the said property building measuring an area of 120 (One hundred and Twenty) Sq.ft. more particularly or less on satisfaction of the PURCHASER regarding the specification of the flat and its area and also right to use all common service area and other facilities and also right to use the common portions, space and right of common use of the common passage, stair- case, landings etc. as well as roof for the service purpose and the other necessary easement rights as described in the First SCHEDULE “C” hereunder written and Second Schedules hereunderundivided proportionate share of land as described in the SCHEDULE “A” below. AND WHEREAS out both the VENDOR and the PROMOTER/DEVELOPER agreed to sell and convey the said Flat No. and the PURCHASER agrees to purchase the said Flat No. situated on the ______ Floor, side of the Ground Plus Three Storied building togetherwith one Car parking Space No. on Ground Floor of the said entire land more particularly building as described in the First Schedule SCHEDULE “B” below togetherwith undivided proportionate share of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters land as is more particularly described in the Second Schedule SCHEDULE “A” below and also right to use all common rights and facilities as described in the SCHEDULE “C” for a total consideration price of the Property hereunder written and Rs. /- (Rupees ) only free from all encumbrances, liabilities, whatsoever, which is shown surrounded within the red coloured boundary line on the Plan annexed hereto. under PROMOTER/DEVELOPER AND WHEREAS the said partnership firm MPROMOTER/x. Xxxxxxxx Enterprises has been converted DEVELOPER entered into a Limited Company under an Agreement for Sale dated , with the provisions of Companies Act, 1956 PURCHASER and the Registrar DEVELOPER has agreed to sell the PURCHASER the said Apartment/Flat/Unit No. ___ having carpet area of Company____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the rooms, Mumbai1 Drawing-cum-Dining room, Maharashtra has issued a Certificate 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTcovered Car Parking Space being No. LTD. and by virtue of which all __ on the assets, liabilities and obligations Ground Floor of the said partnership firm Mbuilding measuring an area of 120 (One hundred and Twenty) Sq.ft. more or less and the PROMOTER/x. Xxxxxxxx Enterprises vested DEVELOPER herein has agreed to sell the PURCHASER ALL THAT said Flat No. situated on the ______ Floor, ___________ side of the Ground Plus Three Storied building together with right to park 1 (One) medium sized motor car of the covered Car Parking Space No. on the Ground Floor of the said building as described in the said company Deshmukh Builders SCHEDULE “B” hereunder written right to use all common rights and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition common services as described in the Hon’ble High Court at Bombay SCHEDULE “C” below and undivided proportionate share of land morefully as described in the Scheme of Amalgamation under Sections 391 SCHEDULE “A” and 394 the said flat alongwith the balcony of the Companies Act, 1956 building has been built up in accordance with the said sanctioned residential building plan and discuss to acquire and possess the said flat togetherwith one Car Parking Space of Rs. /- (Rupees ) only for sanctioning a total consideration towards the proportionate cost of land and cost of construction of the Scheme of Amalgamation said flat togetherwith Car Parking Space and the entire cost of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063said flat togetherwith Car Parking Space have been taken only by the PROMOTER/DEVELOPER as the said flat and Car Parking Space is of Developer’s Allocation.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. For the Thane Municipal Corporation has smooth running of the" said project, the Land Owners herein agreed to execute a registered Development Power of Attorney, by its order dated 27/9/1989 sanctioned & approved building plans which the Land Owners herein have appointed and nominated M/X. Xxxxxxxxx Promoters and Developers Pvt. Ltd. as their Constituted Attorney and new Developer, to act on application behalf of the vendors Land Owners and also for entering into an agreement for sale in respect of the property described Developer's allocation after Execution of this Development Agreement in schedule hereunderthe name and on behalf of the Owners and also for to appear before any Registrar of Assurances, District Registrar, Sub- Registrar, Additional District Sub-Registrar or other offices or authorities haying jurisdiction in that behalf and to present and execute all deeds, instruments and writings for the purpose of affirmation, registration and giving declarations on our behalf and to do all other acts and deeds in that behalf developer may deem necessary, expedient and proper. No. 2, L.R. Khatian No. 2547, 2548, 2549 and 2550, being Premises Xx.0000, Xxxxxxx, Xxxxxxx- 000000, belongs to the Four Land Owners as mentioned herein above. AND WHEREAS being desirous of the promotion work of their said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx premises the OWNER/VENDOR by virtue of registered Development Agreement alongwith Development Power of Attorney dated 11.02.2022, registered at DSR IV, Alipore recorded in Book No. I, Volume No.1603-2022, at Pages 81045 to 81092, Deed No. 160302329 for the year 2022, with the DEVELOPER, the party of the THIRD PART herein for making the construction and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which DEVELOPER, the said Xxxxxxxxx was governed at party of the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as THIRD PART herein namely M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS XXXXXXXXX PROMOTERS AND DEVELOPERS PVT. LTD., has developed as well as promoted the entire premises as described in the SCHEDULE – ‘A’ below. and by virtue of which all As per the assets, liabilities and obligations said Development work it has been settled that the OWNER should obtain the Owner’s Allocation as mentioned in the SCHEDULE B of the said partnership firm M/x. Xxxxxxxx Enterprises vested registered Development Agreement and the Developer’s Allocation has also been mentioned in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 SCHEDULE D of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its said registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Development Agreement.
Appears in 1 contract
Samples: Purchase Agreement
AND WHEREAS. the Thane Municipal Corporation has Developer is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by its order the South Dum Dum Municipality vide plan No. 458 dated 27/9/1989 sanctioned & approved building plans 27th day of May, 2019, which is now going on application of the vendors in respect of the property described in schedule hereunderprogress. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Owners/Vendors being the party of the first part and Xxxx Xxxxx Xxxxxxxxx Developer party of the second part as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDDeveloper, the Confirming Party hereinand attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, became entitled to develop the said property ( ) Side, measuring ( ) Sq. ft. more particularly described in the First and Second Schedules hereunder. AND WHEREAS out or less including super built up area of the said entire land building at the below schedule mentioned property, more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road fully and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line together with proportionate share and interest on the Plan annexed heretoland described in the first schedule at or for the consideration of Rs. AND WHEREAS the said partnership firm M/- [Rupees ] only @ /- (Rs. ) per sq. Ft. Vendors/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Owners and the Registrar Purchasers entered into an Agreement for Sale :: In terms and conditions of Companythe above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, Mumbaithe Vendors/Owners and The Developer have agreed to sell and the Purchasers has agreed to purchase the ALL THAT one self contain Flat in being Flat Vide No. , Maharashtra has issued on the Side of the Floor, measuring a Certificate super built up area of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTSq. LTDFt. and by virtue of which all the assets, liabilities and obligations more or less of the said partnership firm M/x. Xxxxxxxx Enterprises vested building including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and facilities appended thereto the said building, more fully mentioned and described in the SECOND SCHEDULE hereunder in the said company Deshmukh Builders for the total price of consideration of Rs. /- [Rupees On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed register a petition Deed of Conveyance in favour of the Purchasers in respect of the said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in the Hon’ble High Court SECOND SCHEDULE hereunder written at Bombay or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the Scheme of Amalgamation under Sections 391 custody, power and 394 possession of the Companies ActVendors/Owners, 1956 relating to the demised premises and all rents, issues, profits and usufructs there from, for sanctioning the Purchasers TO HAVE AND TO HOLD, the same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the Scheme Vendors/Owners in the same, or any latent or patent defect of Amalgamation title of the Company herein Purchasers i.e. being obtained through this instrument and further that there is no clog on the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the Vendors/Owners, hereby further covenant with Modern Tiles Co. Pvtthe Purchasers, that the demised premises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to use, occupy, enjoy, possess and absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the Purchasers, they will be bound to do, all and every act and to sign, execute and register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the title, of and in the demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in future, duly comply with all the terms and conditions contained in this conveyance. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.THE VENDORS / OWNERS AND DEVELOPER DOTH HEREBY FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -
Appears in 1 contract
Samples: Indenture of Conveyance
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned Xxxxx Xxxx Xxxx alias Xxxxx Xxxxxxx alias Xxxxx Xxxxxxx during her uninterrupted ownership & approved building plans on application possession of the vendors scheduled property transferred the scheduled property on 23/11/2014 in respect favour of her son Xxxxxx Xxxxxxx, S/o. Late Xxxxxx Xxxxxxx vide registered deed of gift being no. 7010 for the property described in schedule hereunderyear 2014, before A.D.S.R., Burdwan. AND WHEREAS the said Xxxxxxxxx died intestate present OWNER namely Xxxxxx Xxxxxxx since 23/11/2014 became absolute owner & possessor of the scheduled property & got his name recorded in the X.X. record of right under Khatian No. 3093 & mutated his name in the office of the Burdwan Municipality & is paying and revenues and taxes of the scheduled property accordingly and accordingly started the process to discharge his legal obligations of payment of Govt. rents etc. in the name on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx appropriate receipt thereof and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which thereby has acquired absolute title in the said Xxxxxxxxx was governed at property to which he is entitled. Hence the time OWNER has acquired a good title over the First Schedule mentioned property without any interference or intervention of his deathany or by any other person. AND WHEREAS there was a large portion of vacant land with huge structure thereon being the First Schedule mentioned Property which was not maintained and which was more specifically described below and thereby the OWNER has taken decision to construct of multistoried commercial cum residential building inclusive of Shops and Offices and Flats/Residential Units and Car Parking Spaces by diverse Deeds constructing building and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property premises i.e., the vacant land which is more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly specifically described in the First Schedule below and which is not being looked after by the OWNER due to his habitation uncertainty in the City of Property hereunder written, a partBurdwan and occupational requirement and dilemma and thereby the OWNER has taken decision to construct of Commercial cum Residential building inclusive of Shops and Offices and Flats/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for Residential Units/Car Parking Spaces and to develop the widening of the Ghodbunder Road and thereforepremises i.e., the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon total land measuring 38 Decimals (EastA little More or Less), Mumbai – 400 063.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has by Land Owner approached to OMEGA CONSTRUCTION (A partnership Firm) having its order dated 27/9/1989 office at 0/00, Xxxxxxxxxx Xxxx, X-Xxxx, Xxxxxxxx – 713205, Dist : Paschim Bardhaman the Developer and described the other part herein offered it to undertake the jobs of construction of G+3 (Three) building on the said land as per sanctioned & approved building plans on application of the vendors plan and investing necessary funds in respect of the property described in schedule hereunderthereof. AND WHEREAS the Developer accepted the said Xxxxxxxxx died intestate proposal of land Owners as per terms and conditions mentioned below and whereas the Developer shall be permitted to raise construction of G+3 residential building on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx the said land and Xxxx Xxxxx Xxxxxxxxx to make agreement to self and/or to sell to intending buyers only for the Developer’s allocation of the new building as his only heirs may be deemed first and legal representatives proper by the Developer excepting the proportions of the newly constructed building which will be kept reserved for the land owners as per terms and conditions mentioned below :- AND WHEREAS the Land Owners and the Developer have agreed to the above proposals and are desirous of recording the said agreement and various terms and conditions to avoid any misunderstanding later on. Hence the parties herein agreed and record in writing with details of such terms and conditions mutually agreed to by the parties herein as below :- NOW THIS AGREEMENT WITNESSETH AND IT IS XXXXXX DECLARED AGREED BY THE PARTIES AS FOLLOWS :- BUILDING shall means maximum limit of floors consisting of as many as flats shops, garages etc to be constructed according to tbe plan including any modification and /or addition sanctioned by the Shia Muslim Law Durgapur Municipal Corporation duly approved by which the form time to time and to be constructed on the “said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds property” more fully and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First specially and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly specifically described in the First Schedule of Property hereunder writtenwritten hereunder, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under building hereinafter referred to as the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.SAID “BUILDING|
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. M/s Xxxxxx Xxxxxx, Vendor herein, purchased the Thane Municipal Corporation has by its order second land from a plot of land measuring 5 Satak/decimals more or less in R.S./L.R. Dag No. 1989, under the R.S. Khatian No. 1591 corresponding to L.R. Khatian Xx. 0000, Xxxxx – Xxxxxxxx, X.X. No. – 1 through a Registered Deed of Sale being No. 8106 dated 27/9/1989 sanctioned & approved building plans 20.09.2018, and same was registered at ADSRO Naihati on application of 20.09.2018 and mutated his name in the vendors Settlement Record in respect of property and also recorded his name in the property described record of Bhatpara Municipality in schedule hereunderXxxx No. 5, Holding Xx. 00, Xxxxxxx Xxxx, and since then M/s Xxxxxx Xxxxxx has been seizing, possessing and enjoying the same with absolute right, title and interest without any disturbances and encumbrances from any corner whatsoever. AND WHEREAS M/s Xxxxxx Xxxxxx mutated its name in BLBLRO after purchasing the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathabove both land measuring 14 satak. AND WHEREAS by diverse Deeds during peaceful enjoyment over the said property the owner and Assurances DESHMUKH ENTERPRISES now known as Promoter herein M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled s Xxxxxx Xxxxxx intending to develop the plot of said property land measuring 9 satak and 5 satak total measuring 14 satak, after taking proper building plan from Bhatpara Municipality constructed one multi storied residential cum commercial project building “BHATPARA ABASAN” (The Project) thereon for the sake of brevity the said land with multi storied building is to be hereinafter referred to and called as the “SAID PREMISES” more particularly fully described in the First and Second Schedules hereunderFIRST SCHEDULE hereunder written. AND WHEREAS out The particulars of the said entire land more particularly title of the Owners to the Project Land are fully described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening Part – II of the Ghodbunder Road 1st Schedule hereto (Devolution of Title). The Owners and thereforethe Promoter are fully competent to enter into this Agreement and all legal formalities with respect to the right, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule title and interest of the Property hereunder written and is shown surrounded within Owners regarding the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Project.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. The New Licensees of plots had made an application to the Thane Municipal Corporation has by CIDCO Ltd. for its order dated 27/9/1989 sanctioned & approved building plans on application permission to assign, transfer of the vendors license and all other right, title over the said plots in favour of Subsequent New Licensees M/X. XXXXXXX CORPORATION [Partnership Firm] & M/S. DEV KRUPA ENTERPRISES [Partnership Firm], the CIDCO Ltd. had granted its permission of transfer of the said plots in their Joint Name as Subsequent New Licensee No. 1 & 2, on payment of transfer fees, the said Plots transferred by execution of Tripartite Agreement on 20th October 2014 executed between The CIDCO Ltd. the Party of First Part AND M/X. XXXXXXX CORPORATION [Partnership Firm] the New Licensees Party of Second Part AND [1] M/X. XXXXXXX CORPORATION [Partnership Firm] through its Partners SHRI. KARSAN XXXXXXXX XXXXX & SHRI. KARSAN XXXX XXXXX, [2] M/S. DEV KRUPA ENTERPRISES [Partnership Firm] through its Partner [1] SHRI. GANESH XXXXXXX XXXXX, [2] SHRI. MUKESH XXXXXXXXX XXXXXXXX, [3] SHRI. KESHAVJI XXXXX XXXXX, [4] SHRI. PARBAT XXXX XXXXX, [5] SHRI. MAHESH PUNJALAL XXXXX, the Subsequent New Licensees Party of Third Part. The said Tripartite Agreement registered with the Concerned Sub Registrar of Assurances Uran vide under Registration Sr. No. URAN-1483/2014 dtd. 13th November 2014. The CIDCO Ltd. on furnishing of registered Copy of Tripartite Agreement transferred the said Plots in the name of Subsequent New Licensees vide through its Final Order bearing No. CIDCO/ESTATE /12.5% SCHEME/DRONAGIRI-449/2014 dtd. 24th November 2014 had transferred the said plot in the name of M/X. XXXXXXX CORPORATION [Partnership Firm] & M/S. DEV KRUPA ENTERPRISES [Partnership Firm] referred herein Developers No.2 & Developers No.1 respectively. AND WHEREAS the Developers No.2 herein of Plots had submitted the building plan through their ARCHITECT XXXXXX X. XXXXX to The Associate Planner (BP) Navi Mumbai & Khopta. The Town Planning Dept. of CIDCO of Maharashtra Ltd. for its approval to construct Residential Cum Commercial Building “A” Wing Consisting Ground [Stilt + Nineteen [19] Upper Floors] & “B” Wing Ground [Stilt + Eighteen [18] Upper Floors], on the Plots bearing Xx. 00, 00 & 00, Xxxxxx-00, Xxxxxxxxx, Xxxx Xxxxxx, Tal. Uran, Dist. Raigad and the same was approved vide under Development Permission & Commencement Certificate Ref. No. CIDCO/BP-5847/ATPO[NM&K /2013/984-985 DTD. 8th July 2013 issued by The Additional Town Planning Officer (BP) Navi Mumbai & Khopta. AND WHEREAS on transfer of said Plot in the joint name of Subsequent New Licensees/Developers herein, the New & Amended Plan of Residential Cum Commercial Building had submitted for its approval and to issue the Fresh Commencement Certificate to their joint name. The Town Planning Department of CIDCO of Maharashtra Ltd. had issued Amended Commencement Certificate bearing No. CIDCO/BP- 5847/TPO [NM&K]/2015/230 dtd.12th March 2015, Copy of the Development Permission & New Commencement Certificate are annexed hereto and marked as Annexure "D" & "E". AND WHEREAS the Town Planning Dept. of CIDCO of Maharashtra Ltd. had permitted to construct residential cum commercial building thereon by the Developers herein, subject to Developers shall observe all the terms & conditions, stipulations & restrictions which are laid down by the sanctioning authority or any other Governmental or Local Authority for the purpose of development of the said plot and upon the observance of which only the completion and the Occupation Certificate in respect of the property described in schedule hereundersaid proposed building/s shall be granted by the concerned local authority i.e. Town Planning Dept. of CIDCO of Maharashtra Ltd. AND WHEREAS Developers herein have entered into an Agreement with the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as ARCHITECT XXXXXX X. XXXXX an Architect registered with the Council of Architects having his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed Office at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDAashiyana “C” Wing, the Confirming Party herein1st Xxxxx, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder writtenXxxxxx Xx.00, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and thereforeXxxxx, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Navi Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS Tal. & Dist. Thane and also appointed INTEGRATED ARCHITECT & DESIGNERS (I) PVT. LTD. and by virtue of which all the assetshaving Office at 207-Ecospace, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies ActMogra Village, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon Andheri (EastE), Mumbai – 400 063.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation Promoter has by its order dated 27/9/1989 sanctioned & approved building plans on application registered the Project under Section 5 of the vendors Real Estate (Regulation and Development) Act, 2016 (RERA) with the Real Estate Regulatory Authority at Ahmedabad, under Registration No._ dated . Authenticated Copy Is Attached in Annexure ‘B’. (Hereinafter referred to as "The Said Act"). AND WHEREAS the Promoter is entitled and enjoined upon to construct building on the project land; AND WHEREAS the Vendor/Original Owner/Promoter i.e. AUM SHREYA REALTY LLP is in possession of the project land. AND WHEREAS the Allottee is offered a Flat No. , on the Floor Wing , in a scheme of “THE BELLAGIO” (herein after referred to as the said “Flat") of the Building called “THE BELLAGIO” (herein after referred to as the said “Building") being constructed by the Promoter. AND WHEREAS by virtue of the Deed of Conveyance the Promoter has sole and exclusive right to sell the Flat in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Flats to receive the sale consideration in respect thereof; AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Xxxxx Xxxx (Council of Architects (COA)) (Xxx.Xx. CA/2012/54979) and of such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made there under and the Allottee if satisfied in respect of the property described same; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and Vll and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Flats are constructed or are to be constructed have also been inspected by the Allottee and is satisfied in schedule hereunderrespect of the same. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out authenticated copies of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening plans of the Ghodbunder Road and therefore, Layout as approved by the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in concerned Local Authority has been inspected by the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoAllottee. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said partnership firm M/x. Xxxxxxxx Enterprises project has also been inspected by the Allottee, AND WHEREAS the authenticated copies of the plans and specifications of the Flat agreed to be purchased by the Allottee has been converted into a Limited Company under annexed and marked as Annexure ‘A’. AND WHEREAS the provisions Promoter has got some of Companies Actthe approvals from the concerned local authority(s) to the plans, 1956 the specifications, elevations, sections and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm Mbuilding/x. Xxxxxxxx Enterprises vested s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of Flat No. , on the Floor, in a scheme of “THE BELLAGIO” being constructed in the said company Deshmukh Builders Project more particularly described here in under at Second Schedule and Developers Pvtreferred to as “Scheduled Property” or “Said Flat”. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 carpet area of the Companies Actsaid Flat is _ square meters and "carpet area" means the net usable floor area of an Flat, 1956 for sanctioning excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area but includes the area covered by the internal partition walls of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063Flat.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Developer of the Project M/S. SUPREME UDYOG has appointed their Constituted Attorney namely SRI XXXXX XXXX MALLICK Late Xxxxxxxx Xxxx Guha Mallick, by Caste – Hindu, by profession – Business, having PAN No. XXXXX0000X, Xxxxxxx No. 0000 0000 0000, residing at Xxxxxxxxx Xxxxxxxxx, Xxxxxxxxx, X.X. & X.X. Xxxxxxxxxxxxx, Xxxxxxxx– Hooghly – 712 136 authorising him to act as their constituted Attorney for the purpose of execution of the Project in the Schedule property and to represent himself before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, planner and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. ………. Dated …………. , thereafter the present developer has by its order dated 27/9/1989 made the construction as per the sanctioned & approved building plans on application plan and it is expected that within a very short period the finishing work of the vendors in respect building will be completed as per the specification. The A schedule land is earmarked for the purpose of building a semi- commercial as well as residential building comprising of apartments , shops , garages , commercial spaces and the said project shall be known as “ XXXXXXX APARTMENT ” . The position and location of the A Schedule property described is lucrative one at Kuthir Math Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat/garage/shoproom and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the right , title, interest of the promoter regarding the A schedule hereunderproperty on which the project is to be constructed have been completed. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Chandernagore Municipal Corporation has granted the commencement certificate to develop the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathproject vide approval dated ……. bearing registration No. ………. AND WHEREAS by diverse Deeds the promoter has obtained the final lay out plan , sanction plan , specifications and Assurances DESHMUKH ENTERPRISES now known approvals for the project and also for the apartment, Plot or building as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat / shop / garage / commercial space in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the Confirming Party herein, became entitled As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to develop as the said property ‘Apartment’ more particularly described in Schedule B and the First floor plan of the apartment as annexed hereto and Second Schedules hereunder. marked as Schedule C. AND WHEREAS all the parties have gone through all the terms and conditions set out of in this agreement and understood the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road mutual rights and therefore, the balance net plot area that was available for development was 8947.75 sq. meters obligations detailed herein …….. ……(any specific terms and conditions as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoper our need can be inserted here)………… ………………… ………………. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into a Limited Company under this agreement on terms and conditions appearing here inafter . In accordance with the provisions of Companies Actterms and conditions set out in this agreement and as mutually agreed upon by and between , 1956 the promoter hereby agrees to sale and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering allottee hereby agrees to purchase the name apartment / flat / shop / garage / commercial space as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company specified herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063above .
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. accordingly Land Owners offered the Thane Municipal Corporation has DEVELOPER to develop the said land by its order dated 27/9/1989 sanctioned & approved raising a new multi - storied building plans on application of the vendors “First” Schedule land. AND WHEREAS being offered so the Developer enquired about the VENDORS title and possession in respect of the said land and on searching and inspection of documents ‘of title the DEVELOPER being satisfied regarding the title of the said land, accepted the offer and agreed to develop the said land on joint venture basis and the VENDORS and the DEVELOPER have come to a consensus with regard to Development of the said land on joint venture basis. AND WHEREAS the owners of the land i.e. Xxxxxxxx Xxx, Xxxxxxxx Xxx & Xxxxxxx Xxx (Xxxxx) entered into a Registered Development Agreement being No. 6986 for the year 2018, execution dated 16/08/2018, registered at the office of A.D.S.R, Burdwan, with the Developer “XXXXXX INFRASTRUCTURES” and thereafter the said Land Owner i.e. Xxxxxxxx Xxx, Xxxxxxxx Xxx & Xxxxxxx Xxx (Xxxxx) also executed a Registered Development Power of Attorney, Execution dated 10-02-2020, being No. 1037 for the year 2020 at A.D.S.R., Burdwan, by which they appointed Xxxxxxxxx - XXX XXXXXXX XXXXX as constituted attorney on their behalf of do all such acts and things as stipulated therein the Power of Attorney and they entered into a Development Agreement. According terms of agreement in between them as also the POA (Power of Attorney) granted in favour of Xxxxxxxxx, the Developer got sanctioned building plan vide. sanctioned Plan being Regd No. 1481, dated 05/10/2018 for construction but in the name of Xxxxxxxx Xxx, Xxxxxxxx Xxx & Xxxxxxx Xxx (Xxxxx), being sanctioned residential cum commercial building for construction of G + IV building with car parking space upon the property as mentioned above. AND WHEREAS by virtue of the said Agreement and as constituted attorney the DEVELOPER intended to sell and dispose of the FLATS, CAR PARKING SPACE and other spaces with undivided proportionate share in land in the newly constructed building. AND WHEREAS the PURCHASERS herein approached the Developer / Confirming Party with a proposal to purchase one residential Flat being No. .........” on the Floor, Measuring - ...................... sq. ft. (Super Built - Up Area) of the side along with proportionate share of land in the building more particularly described in the first schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate purchasers after inspecting the relevant papers of one residential Flat being No. .........” on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which ................. Floor, Measuring sq. ft. (Super Built - Up Area) of the said Xxxxxxxxx was governed at the time ....................... side TOGETHER WITH proportionate share of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described land in the First and Second Schedules hereunderbuilding, approached the VENDOR/DEVELOPER for purchasing the same at a Total price of Rs. AND WHEREAS out DEVELOPER accepted the proposal of the said entire land more particularly described in purchaser i.e. the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063SECOND PART.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. said Xxxxxxxx Private Limited for its bonafide reason had surrendered the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of license for running Cinema Hall before the vendors in respect competent authority and made entirety of the property described comprised in schedule hereunderHolding No. 2, Netaji Xxxxxx Road, Liluah, Howrah free from all encumbrances, attachments and charged being the land having free, unobstructed, good and marketable title. AND WHEREAS due to requirement of money said Owner namely M/X. Xxxxxxxx Private Limited sold out the First Schedule mentioned property herein in favour of the present Owner/Vendor/Developer and the sale Deed was duly registered with the office of the District Sub - Registrar at Howrah and recorded in Book No. I, C.D. Volume No. 6, Page from 5153 to 5189, Being No.01856 for the year 2014. AND WHEREAS the present Owner/Vendor by virtue of said sale Deed became the absolute owner and occupier of ALL THAT piece and parcel of land measuring an area of 28 Cottah together with structures standing thereon lying and situated at Mouza- Liluah, X.X. No. 12, comprised in part of R.S./L.R. Dag No. 1994, R.S/L.R. Khatian No. 6748, being Holding Xx. 0, Xxxxxx Xxxxxx Xxxx, Xxxx No. 22 (old), Post Office Liluah, Police Station Liluah, District Howrah within the ambit of Bally Municipality Now H.M.C. xxxx No. 65, together with all the messuages, tenements, hereditaments, premises and other thereof together with a right of common passage thereof at and upon the same and enjoying the right , title and interest of the same without any interference and disturbance of any manner whatsoever from any corner whatsoever free from all sorts of encumbrances, charges, liens, lispendenses, demands, claims, hindrances, attachments, debits, dues, acquisitions and requisition whatsoever. The property is more fully and particularly mentioned, described, enumerated, provided and given and the present owner/Vendor has also mutated its name before X.X & L.R.O. Bally- Jagacha under a separate L.R. Khatian No. 6748, L.R. Dag No. 1994 Mouza and P.S. Liluah, District Howrah land measuring 1Bigha 8 Cottah and also before then Bally Municipality and paying regular taxes and Khazanas to the concerned department and enjoying over the same without objection and interruption any nature whatsoever. AND WHEREAS the present owner/Vendor/landlord being the Developer also is financially strong and well experienced in particular job. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Developer/Land owner has the absolute right to construct a new building thereon at its own cost and Xxxx Xxxxx Xxxxxxxxx expenses as his only heirs and legal representatives according per the sanctioned building Plan to be obtained From the Shia Muslim Law by which Bally Municipality in the name of the said Xxxxxxxxx was governed Owner/Developer herein and the Owner/ Developer shall also have the right to sale the entire constructed area of the new building to any intending Purchaser or Purchaser at the time of his deathany price they may think fit and proper. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop subsequently the said property more particularly described land Owner/Vendor/Developer herein applied for and obtained Sanction of building Plan from the then Bally Municipality vide. Sanction Building Plan No.311 B.P. 274 dated 08.12.2014 in the First their own name and Second Schedules hereunder. AND WHEREAS out also has commenced construction of the said entire land more particularly described new building in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS upon the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 premises at its own cost and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063expenses.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. upon the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application aforesaid representation of the vendors in respect land owner and subject to verification of the property described in schedule hereunder. AND WHEREAS title of the LAND OWNER concerning the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDpremises, the Confirming Party herein, became entitled DEVELOPER has agreed to develop the said property more particularly described premises in accordance with the First sanctioned building plan on the terms and Second Schedules hereunderconditions hereinafter appearing. AND WHEREAS out said XX. XXXXXX XXX is the owner of the said entire land more particularly and property described in FIRST SCHEDULE and he entered into a Development Agreement for above mentioned land measuring about more or less 02 cottha 12 chataks 00 square feet as per deed, on Dated 03.08.2018, with the First Schedule DEVELOPER herein which was duly Registered at the office of Property hereunder writtenthe Additional District Registrar Barrackpore, a part/portion thereunder admeasuring 1982.25 sqNorth 24 Parganas, being Book No. meters had been surrendered 1 Volume No. 1505-2018, Pages from 104165 to 104203, being Deed No. 150503704, for the widening Year 2018, and also executed a Development Power of attorney on Dated 03.08.2018, to the DEVELOPER herein which was duly Registered at the office of the Ghodbunder Road and thereforeAdditional District Registrar Barrackpore, North 24 Parganas, being Book No. 1 Volume No. 1505-2018, Pages from 107488 to 107510, being Deed No. 150503817, for the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoYear 2018. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and Landowners by virtue of which all the assetsaforesaid Development Power Attorney the said Land Owners declare that they shall have no objection to the matter of realization of advance amount, liabilities xxxxxxx money and obligations entire consideration money from the intending purchaser of the flat by the developer and said partnership firm M/x. Xxxxxxxx Enterprises vested in land owner and developer have jointly represented before the purchaser that the said company Deshmukh Builders premises is free from all encumbrances and Developers Pvtlispendens and authorized the developer and promoter to conclude and execute agreement for sale and deed of conveyance on their behalf by presenting the deed for registration after development of property by raising multi storied building which the owners ratified and confirmed. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.IT IS FURTHER AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS:-
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the vendors in respect respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the property described respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in schedule hereunderlay out on the ground floor of the said Complex for better enjoyment facilities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces in its own name and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Developer shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self contained flats units apartments constructed spaces and car parking spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the said Xxxxxxxxx died intestate Developer has undertaken the construction of the building on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and Xxxx Xxxxx Xxxxxxxxx as his only heirs hereinafter called the said land and legal representatives according has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2019120132 Dated 05.11.2019. AND WHEREAS the Vendor and Developer/Confirming Party have jointly agreed to sell flats available to the Shia Muslim Law respective purchasers /holders of the respective buildings to be constructed by which them. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Xxxxxxxxx was governed at Complex for better enjoyment facilities and use and convenience of ingress and egress from the time main public Municipal Road up to the places of his deaththe respective buildings in the said complex. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop an „Agreement for Sale‟ dated entered between the said property more particularly described --------------------------------------------------- Only) and on the terms and conditions covenants and stipulation stated in the First and Second Schedules hereundersaid agreement to the Purchaser . AND WHEREAS out of ----------------------------- Only) being the said entire land more particularly described consideration amount in full to the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoDeveloper. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises vendor/ developer has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations also duly made over possession of the said partnership firm M/x. Xxxxxxxx Enterprises vested in Unit to the said company Deshmukh Builders purchaser on the date of this presents and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in purchaser have duly satisfied themselves about the Scheme of Amalgamation under Sections 391 and 394 construction of the Companies Act, 1956 for sanctioning said Unit and materials used and also about the further features of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063said flat.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Thane Municipal Corporation has Company incorporated a Special Purpose Vehicle, by its order dated 27/9/1989 sanctioned & approved building plans on application the name and style of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE JAYPEE INFRATECH LIMITED, the Confirming Party herein, became entitled and has transferred the Project to JIL vide assignment Agreement dated October 19, 2007 executed between the Company, JIL and YEA read with Project Transfer Agreement dated October 22, 2007; AND WHEREAS the Confirming Party/XXX has assigned the task of marketing, construction and booking for sale including all required documents till the execution of Conveyance Deed in favour of the Borrower, for the apartments/plots/houses (hereinafter referred to as the “Units”) to be constructed in Wish Town Greens, to the Company and to develop the said property more particularly described in the First above land and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered construct various apartment blocks and other services as may be required for the widening of Units to the Ghodbunder Road Company. The Units are to be built by the Company and therefore, to be occupied by prospective purchasers on sub - lease / ownership basis. Other buildings which may house community and other facilities shall be constructed in accordance with the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in layout plan sanctioned by the Second Schedule of competent authority and shall be owned by the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. Confirming Party/JIL; AND WHEREAS the said partnership firm MBorrower had applied to HDFC for a Loan to purchase Unit No. _____________ having Plot/x. Xxxxxxxx Enterprises Super Area of approx. ________ Sq. Mtrs. (__________ Sq. Fts./Syd.) situated at Jaypee Greens, NOIDA (hereinafter referred to as the “Unit”), allotted to the Borrower by the Company vide Provisional Allotment Letter dated _____________ duly confirmed by the Confirming Party/JIL and Standard Terms and conditions of Allotment (hereinafter collectively referred to as the “DOCUMENTS OF ALLOTMENT”); AND WHEREAS based on the Borrower’s request HDFC has been converted into granted a Limited Company under Loan of Rs.__________/- (Rupees ____________________________________________ only) to the provisions of Companies ActBorrower (hereinafter referred to as the “LOAN”), 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations in terms of the said partnership firm M/x. Xxxxxxxx Enterprises vested in Loan Agreement dated _____________ (hereinafter referred to as the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in "LOAN AGREEMENT") duly executed by the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.Borrower;
Appears in 1 contract
Samples: Quadripartite Agreement
AND WHEREAS. the Thane Municipal Corporation has Vendor have made the gifts of the respective areas comprising of a total area of 34 Cottahs 6 Chittacks 18.7 Sft. as per the above recited respective Deeds of Gifts in connection with the sanction of the building plan without adversely affecting the eligibility of the total FAR on the basis of the total land area held by its order dated 27/9/1989 sanctioned & approved the Owners/Vendors prior to the said gifts. AND WHEREAS upon transferring the said area containing 34 Cottahs 6 Chittacks and 18.7 sq.ft. (more or less) the said Owners are continuing to own the remaining 305 Kottahs 11 Chittacks and 4.3 Sq.ft area more or less, contained in the said Premises Xx. 000X Xxxxxx Xxxxxx Xxxx, Xxxxxxx and the same remaining area is eligible to be developed and the particulars of the said Premises no. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx - 000000 are morefully described in the Schedule-A hereinabove written. AND WHEREAS in terms of the said Development Agreement, the development of the said Land is to be done, looked after, managed and carried on by the said SGM Builders Private Limited as authorized by all the co-developers for the benefits and advantage of all the said Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited And the said SGM Builders Pvt. Ltd. is entitled to take all required steps for the said development including survey, soil testing, preparation of the building plans on application and to obtain the sanction of the vendors in respect of building plans and obtain other clearances and permissions as may be necessary from time to time and to enter into agreements for sale with the property described in schedule hereunderintending purchasers, obtain the consideration amount from the Allottees and issue receipts thereof and handover possession and grant conveyances to them. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Xxxx Xxxxx Xxxxxxxxx as his only heirs Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time Flexwell Commerce Private Limited have, for constructing building of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDgreater heights, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out obtained clearance of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening height of the Ghodbunder Road proposed building up to 35.0 meters above ground level (including lift machine room and thereforewater tank on the roof) as per letter/sanction No. G/MWC/1-150/T.D/2013014/06/ Vol. VI dated 25th March, 2014 granted by the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule Divisional Engineer, Telecom Microwave Service Division of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoBharat Xxxxxxx Xxxxx Limited (BSNL) having its office at 0/0X, Xxxxxx Xxxxx Xxxx, Xxxxxxx, Xxxxxxx – 700027. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a SGM Builders Private Limited, Banbury Homes Private Limited Company under (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited have also obtained in the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations names of the said partnership firm MOwners/x. Xxxxxxxx Enterprises vested Vendors an environmental clearance for the proposed residential complex at the said Premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx from Environmental Impact Assessment Authority having its office at “PARIBESH BHABAN”, Xxxxx XX-000X, Xxxxxx-XXX, Xxxx Xxxx, Xxxxxxx – 700 106. AND WHEREAS the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited have also obtained in the names of the said company Deshmukh Builders Owners the Fire and Developers PvtLife Safety Clearance/Recommendation from the office of the Directorate General, West Bengal Fire and Emergency Services, as per their Memo No. Ltd. WBFES/3648/14/KOL-RD/478/13(478/13) dated 13/3/14. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVTby a letter dated 4th April, 2012 bearing No. LTD2E/OB/CE/676/XII-II/814 dated 4th April, 2012, from Calcutta Improvement Trust (CIT) and addressed to Smt. filed Xxxxx Xxxxx Ray of 35A, Xx. Xxxxx Xxxxxxxx Road, Kolkata, it has been informed that the site building plan submitted with the application had been examined with the Trust Plan/Records and that the said property was found not to be affected by any policy/sanction scheme/alignment of the said Trust. AND WHEREAS the SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited have obtained a petition building plan bearing No. 2015070045 dated 17.06.15 duly sanctioned by the Kolkata Municipal Corporation for the construction of seven blocks of multistoried buildings of basement + Ground+ Seven Storeys (containing self contained independent residential flats and other saleable areas) on the said remaining land area of 305 Cottahs 11 Chattacks 4.3 Sq.ft. (more or less) at the said Municipal premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx morefully described in the Hon’ble High Court at Bombay in Schedule-A hereinabove written and hereinafter called the Scheme of Amalgamation said Land. AND WHEREAS on an application made under Sections 391 391(2) and 394 of the Companies Act, 1956 for sanctioning (being Company Petition no 431 of 2015 connected with Company Application no 345 of 2015) an order was made on 27th November, 2015 by His Lordship Hon’ble Justice I.P. Mukherjee whereby the scheme of amalgamation of (1) White Star Merchants Private Ltd (2) Seven Hill Merchants Private Limited (3) Rajputana Supply Private Ltd (4) Nani Overseas Private Ltd (5) Xxxxxxxx Merchants Private Ltd (6) G.D. Properties Private Ltd (7) Flexwell Commerce Private Ltd (8) Five Star Commodities Private Ltd (9) Xxxxxxxx Merchants Private ltd (10) Brightways Merchants Private Ltd all therein jointly called theTransferor Companies with SugamGrihaNirmaan Ltd (therein called the Transferee Company) was sanctioned AND it was ordered thereby that the scheme of Amalgamation set forth in Annexure ‘A’ of the Scheme petition and specified in Schedule ‘A’ thereto was declared to be binding with effect from 1st April, 2014 (therein referred as the “Appointed Date”) on the said Transferor Companies and the said Transferee Company and it was ordered interalia. “That all the properties, rights and interest of the said Transferor Companies be transferred from the Appointed date and vested without further act or deed to the Transferee Company and accordingly the same shall pursuant to Section 394(2) of the Companies Act, 1956 be transferred and vested in the Transferee Company for all the estate and interest of the Transferor Companies therein subject nevertheless to all changes now affecting the same” AND WHEREAS the said scheme of Amalgamation of has come into effect from the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000said appointed date i.e 1st April, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.2014
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Developer of the Project BALAJI HOUSING DEVELOPERS as well as the owners hereinbefore mentioned, for the purpose of execution of the Project in the A Schedule property are eligible to represent themselves to represent before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, xxxxxxx and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation duly signed by the owners and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. B-1/RB/150(A)2014-15 Dated 10.01.2015 , and the said plan was further duly modified/altered by Chandernagore Municipal Corporation vide building Plan being No. B-1/RB/56(A)2017-18 Dated 9.08.2017 thereafter the present developer has by its order dated 27/9/1989 made the construction as per the sanctioned & approved building plans on application plan and it is expected that within a very short period the finishing work of the vendors in respect building will be completed as per the specification. The A schedule land is earmarked for the purpose of building residential building complex comprising of apartments and the said project shall be known as “ XXXXXXXX ” . The position and location of the A Schedule property described is lucrative one at Bibirhat Main Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the right , title, interest of the promoter regarding the A schedule hereunderproperty on which the project is to be constructed have been completed. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Chandernagore Municipal Corporation has granted the commencement certificate to develop the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathproject vide approval dated bearing registration No. ………. AND WHEREAS by diverse Deeds the promoter has obtained the final lay out plan , sanction plan , specifications and Assurances DESHMUKH ENTERPRISES now known approvals for the project and also for the apartment, Plot or building as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. ………. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the Confirming Party herein, became entitled …………. As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to develop as the said property ‘Apartment’ more particularly described in Schedule B and the First floor plan of the apartment as annexed hereto and Second Schedules hereunder. marked as Schedule C. AND WHEREAS all the parties have gone through all the terms and conditions set out of in this agreement and understood the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road mutual rights and therefore, the balance net plot area that was available for development was 8947.75 sq. meters obligations detailed herein …….. (any specific terms and conditions as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoper our need can be inserted here)………… ………………… ………………. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into a Limited Company under this agreement on terms and conditions appearing hereinafter . In accordance with the provisions of Companies Actterms and conditions set out in this agreement and as mutually agreed upon by and between , 1956 the promoter hereby agrees to sale and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering allottee hereby agrees to purchase the name apartment / flat as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company specified herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063above .
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Developer is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by its order the South Dum Dum Municipality vide plan No. 643 dated 27/9/1989 sanctioned & approved building plans 18th day of March, 2020, which is now going on application of the vendors in respect of the property described in schedule hereunderprogress. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Owners/Vendors being the party of the first part and Xxxx Xxxxx Xxxxxxxxx Developer party of the second part as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDDeveloper, the Confirming Party hereinand attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, became entitled to develop the said property ( ) Side, measuring ( ) Sq. ft. more particularly described in the First and Second Schedules hereunder. AND WHEREAS out or less including super built up area of the said entire land building at the below schedule mentioned property, more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road fully and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line together with proportionate share and interest on the Plan annexed heretoland described in the first schedule at or for the consideration of Rs. AND WHEREAS the said partnership firm M/- [Rupees ] only @ /- (Rs. ) per sq. Ft. Vendors/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Owners and the Registrar Purchasers entered into an Agreement for Sale :: In terms and conditions of Companythe above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, Mumbaithe Vendors/Owners and The Developer have agreed to sell and the Purchasers has agreed to purchase the ALL THAT one self contain Flat in being Flat Vide No. , Maharashtra has issued on the Side of the Floor, measuring a Certificate super built up area of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTSq. LTDFt. and by virtue of which all the assets, liabilities and obligations more or less of the said partnership firm M/x. Xxxxxxxx Enterprises vested building including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and facilities appended thereto the said building, more fully mentioned and described in the SECOND SCHEDULE hereunder in the said company Deshmukh Builders for the total price of consideration of Rs. /- [Rupees On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed register a petition Deed of Conveyance in favour of the Purchasers in respect of the said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in the Hon’ble High Court SECOND SCHEDULE hereunder written at Bombay or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the Scheme of Amalgamation under Sections 391 custody, power and 394 possession of the Companies ActVendors/Owners, 1956 relating to the demised premises and all rents, issues, profits and usufructs there from, for sanctioning the Purchasers TO HAVE AND TO HOLD, the same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the Scheme Vendors/Owners in the same, or any latent or patent defect of Amalgamation title of the Company herein Purchasers i.e. being obtained through this instrument and further that there is no clog on the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the Vendors/Owners, hereby further covenant with Modern Tiles Co. Pvtthe Purchasers, that the demised premises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to use, occupy, enjoy, possess and absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the Purchasers, they will be bound to do, all and every act and to sign, execute and register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the title, of and in the demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in future, duly comply with all the terms and conditions contained in this conveyance. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.THE VENDORS / OWNERS AND DEVELOPER XXXX XXXXXX FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -
Appears in 1 contract
Samples: Indenture of Conveyance
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Vendor formulated a scheme for development of the vendors in respect SCHEDULE ‘A’ property into a residential apartment complex and secured Building Permit along with the sanction of plan from the Thripunithura Municipality bearing No.PW2-BA201/2010-11 dated 19/10/2011 and as renewed dated 27/10/2014, for the construction of the residential apartment complex on the SCHEDULE ‘A’ property described in schedule hereunderconsisting of Three towers A, B, and C having basement, ground , upper floors, common compound, entrances, lobbies, staircases, lifts, passages, helipad and club house. Tower A comprises of stilt floor plus 14 floors and has 56 apartments with 4 apartments on each floor. Tower ‘B’ and ‘C’ comprise a basement, stilt floor plus 26 floors and have 104 apartments each with 4 apartments on each floor. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx VENDOR got constructed a multistoried residential complex named as ”XXXXXXX XXXX” having 264 dwelling units (Apartments) of different sizes in Tower A, B and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according C. AND WHEREAS the Allottee / purchaser has applied to the Shia Muslim Law Vendor for allotment of dwelling unit of Modern Apartment 2BHK in the Tower ‘A’ by which filling the application form/master brochure of Vendor and on payment of the actual construction cost of the flat including the proportionate cost of land such as premium paid to the said Xxxxxxxxx was governed at authority, stamp duty and registration charges paid on the time of his death. AND WHEREAS by diverse Deeds deed mentioned herein above to the Vendor and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled Vendor has allotted to develop the said property Allottee / Purchaser dwelling unit/Flat No………, Door No.………………………) on the ……………….. Floor and measuring about ………………… sq.meters with Covered Car Parking space No… in the Basement/Stilt/Podium level hereinafter referred to as the ‘Apartment’ and more particularly described in the First and Second Schedules hereunderSCHEDULE ‘C’ hereunder written. AND WHEREAS out the Vendor is the owner of and otherwise well and sufficiently entitled to the said Apartments and the land underneath and appurtenant thereto as absolute property of the said entire land Vendor. AND WHEREAS the Vendor has at the request of the Allottee / Purchaser, decided to convey the right, title and interest in the flat/Apartment more particularly described in SCHEDULE „B‟ AND „C‟ hereunder written by way of sale at the cost on a NO PROFIT NO LOSS BASIS. AND WHEREAS the ALLOTTEE/PURCHASER herein being desirous of owning an apartment in the multi-storeyed residential complex named as “XXXXXXX XXXX”, after being fully satisfied with the title of the Vendor to the SCHEDULE ‘A’ property and verifying the various sanctions and approvals secured by the Vendor and also being satisfied with the scheme of development of the SCHEDULE ‘A’ property, agreed to purchase ………………. undivided interest in the SCHEDULE ‘A’ property, more particularly described in the First Schedule of Property SCHEDULE ’ B’ hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for and hereinafter referred to as the widening floor of the Ghodbunder Road Tower-…….................... of “XXXXXXX XXXX” with a super built up area of ………. Sq.meters bearing door No from the Thripunithura Municipality hereinafter referred to as the ‘Apartment’ including the proportionate share in the common areas and thereforefacilities. Also the right to use in common with other apartment owners, all the balance net plot area that was available for development was 8947.75 sq. meters as common amenities, areas and facilities like driveways, garden, open areas and other areas of common use within SCHEDULE ‘A’ property and staircase, lifts, lobbies, passages, and other areas of common use within the apartment block in which the Apartment is situated and the car parking area, more particularly described in the Second Schedule of the Property SCHEDULE ‘C’ hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoVendor agreed to sell SCHEDULE ‘B’ ……………………………. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue only) of which Rs. /- for the ...............undivided share of land and Rs. /- for the apartment and all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063rights thereof.
Appears in 1 contract
Samples: Sale Deed
AND WHEREAS. the Thane Developer of the Project M/S. XXXXXXX XXXXX has appointed their Constituted Attorney namely XXX XXXXX XXXX MALLICK Late Xxxxxxxx Xxxx Xxxx Xxxxxxx, by Caste – Hindu, by profession – Business, having PAN No. XXXXX0000X, Aadhaar No. 0000 0000 0000, residing at Uttarayan Apartment, Xxxxxxxxx, P.O. & X.X. Xxxxxxxxxxxxx, District– Hooghly – 712 136 authorising him to act as their constituted Attorney for the purpose of execution of the Project in the Schedule property and to represent himself before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, planner and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. ………. Dated …………. , thereafter the present developer has by its order dated 27/9/1989 made the construction as per the sanctioned & approved building plans on application plan and it is expected that within a very short period the finishing work of the vendors in respect building will be completed as per the specification. The A schedule land is earmarked for the purpose of building a semi- commercial as well as residential building comprising of apartments , shops , garages , commercial spaces and the said project shall be known as “ XXXXXXX APARTMENT ” . The position and location of the A Schedule property described is lucrative one at Kuthir Math Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat/garage/shoproom and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the right , title, interest of the promoter regarding the A schedule hereunderproperty on which the project is to be constructed have been completed. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according Chandernagore Municipal Corporation has granted the commencement certificate to develop the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathproject vide approval dated ……. bearing registration No. ………. AND WHEREAS by diverse Deeds the promoter has obtained the final lay out plan , sanction plan , specifications and Assurances DESHMUKH ENTERPRISES now known approvals for the project and also for the apartment, Plot or building as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDthe case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat / shop / garage / commercial space in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the Confirming Party herein, became entitled As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to develop as the said property ‘Apartment’ more particularly described in Schedule B and the First floor plan of the apartment as annexed hereto and Second Schedules hereunder. marked as Schedule C. AND WHEREAS all the parties have gone through all the terms and conditions set out of in this agreement and understood the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road mutual rights and therefore, the balance net plot area that was available for development was 8947.75 sq. meters obligations detailed herein …….. ……(any specific terms and conditions as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoper our need can be inserted here)………… ………………… ………………. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into a Limited Company under this agreement on terms and conditions appearing here inafter . In accordance with the provisions of Companies Actterms and conditions set out in this agreement and as mutually agreed upon by and between , 1956 the promoter hereby agrees to sale and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering allottee hereby agrees to purchase the name apartment / flat / shop / garage / commercial space as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company specified herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063above .
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Developer is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by its order the South Dum Dum Municipality vide plan No. 614 dated 27/9/1989 sanctioned & approved building plans 18 th day of August, 2020, which is now going on application of the vendors in respect of the property described in schedule hereunderprogress. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Owners/Vendors being the party of the first part and Xxxx Xxxxx Xxxxxxxxx Developer party of the second part as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITEDDeveloper, the Confirming Party hereinand attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, became entitled to develop the said property ( ) Side, measuring ( ) Sq. ft. more particularly described in the First and Second Schedules hereunder. AND WHEREAS out or less including super built up area of the said entire land building at the below schedule mentioned property, more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road fully and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line together with proportionate share and interest on the Plan annexed heretoland described in the first schedule at or for the consideration of Rs. AND WHEREAS the said partnership firm M/- [Rupees ] only @ /- (Rs. Vendors/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Owners and the Registrar Purchasers entered into an Agreement for Sale :: In terms and conditions of Companythe above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, Mumbaithe Vendors/Owners and The Developer have agreed to sell and the Purchasers has agreed to purchase the ALL THAT one self contain Flat in being Flat Vide No. 1-A, Maharashtra has issued on the South-East Side of the First Floor, measuring a Certificate super built up area of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT1080 Sq.Ft. LTD. and by virtue of which all the assets, liabilities and obligations more or less of the said partnership firm M/x. Xxxxxxxx Enterprises vested building including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and facilities appended thereto the said building, more fully mentioned and described in the SECOND SCHEDULE hereunder in the said company Deshmukh Builders for the total price of consideration of Rs. /- [Rupees ] only free from all encumbrances and Developers Pvtliabilities whatsoever. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and register a petition Deed of Conveyance in favour of the Purchasers in respect of the said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in the Hon’ble High Court SECOND SCHEDULE hereunder written at Bombay or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the Scheme of Amalgamation under Sections 391 custody, power and 394 possession of the Companies ActVendors/Owners, 1956 relating to the demised premises and all rents, issues, profits and usufructs there from, for sanctioning the Purchasers TO HAVE AND TO HOLD, the same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the Scheme Vendors/Owners in the same, or any latent or patent defect of Amalgamation title of the Company herein Purchasers i.e. being obtained through this instrument and further that there is no clog on the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the Vendors/Owners, hereby further covenant with Modern Tiles Co. Pvtthe Purchasers, that the demised prem ises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to use, occupy, enjoy, possess and absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the Purchasers, they will be bound to do, all and every act and to sign, execute and register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the title, of and in the demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in future, duly comply with all the terms and conditions contained in this conveyance. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.THE VENDORS / OWNERS AND DEVELOPER XXXX XXXXXX FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -
Appears in 1 contract
Samples: Indenture of Conveyance
AND WHEREAS. the Thane Municipal Corporation Vendee has demanded, inspected verified and accepted aforesaid approvals as granted to the Land Owner by its order dated 27/9/1989 sanctioned & approved building plans DGTCP. The Vendee further declares and agrees that any change/directions/conditions imposed by DGTCP at any time while modifying the Zoning Plan and/or Building Plan shall be binding on application the Vendee and it shall not be necessary on the part of Land Owner and/or the Developer to seek consent of the vendors Vendee for the purpose of making any changes to comply with such directions, conditions, changes and the Zoning Plan and/or the Building Plan as may be amended and approved from time to time shall supersede the above referred approvals. AND WHEREAS , the Land Owner had entered into agreement with the Developer in terms of which the Developer is entitled to develop a group housing complex on land admeasuring 9.60 Acres, situated within the revenue estate of village Bawal, in Xxxxxx-00 X, Xxxxxx & Xxxxxxxx Rewari. In terms of agreement referred above, the Developer is inter alia entitled to develop, construct, advertise, market /sell the developed Flat/residential apartments in the Group Housing Complex known as "Pratham Apartments" and /or other saleable areas both vacant /constructed and collect/receive monies in respect of the property described in schedule hereunderthereto. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Land Owner has further authorised the Developer to sign, execute, deliver and Xxxx Xxxxx Xxxxxxxxx as his only heirs perform this Agreement and legal representatives according any action in pursuance to this Agreement. It is clarified that the Land Owner has not intended to convey right or interest in any manner whatsoever in any of the land outside the aforesaid land admeasuring 9.60 Acres and no impression has been given with respect to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds construction and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area development that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line may take place on the Plan annexed hereto. AND WHEREAS land outside the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063aforesaid land admeasuring 9.60 Acres.
Appears in 1 contract
Samples: Flat Buyer’s Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of First Owners/Vendor and the vendors in respect of Second Owners/Vendor are hereinafter also jointly referred to as the property described in schedule hereunder“OWNERS/VENDORS”. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Original Purchasers and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according the said Added Purchaser have from time to time paid the entire consideration amount to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his deathrespective Owners / Vendors. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described respective Owners/Vendors have duly paid off and satisfied the claims/dues of the State Bank of India, Ballygunge Branch, in respect of the accommodation/facilities availed from the said bank by each of them And they have got the First Property and Second Schedules hereunderProperty fully released from the claim/mortgage the said State Bank of India, and the said bank duly released and returned the Original title deeds of the said First Property and the Second Property. AND WHEREAS the said First Owners/Vendor have also liquidated and paid off all the liabilities mentioned in paragraph 4(a) (b) (c) and (d) of the said agreement dated 28th December, 2005 out of the amounts from time to time received by them from the Original Purchasers and the Added Purchaser towards consideration money. AND WHEREAS the said Owners/Vendors have duly also fulfilled their obligations in pursuance of the said agreement dated 28th December, 2005 and also the agreement dated 29th July, 2009. AND WHEREAS the said Owners/Vendors have completely closed down their factory situated at the said premises Xx. 000, Xxxxxx Xxxxxx Xxxx, Xxxxxxx and premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx and they are completely out of any industrial activity and have completely dismantled their set up of the factory and laid off their entire workmen/workforce/ employees and sold their machinery, finished goods, raw materials and paid off their entire statutory dues towards provident fund, employees’ state insurance, workmen’s compensation and settled with the employee/workmen through the medium of the concerned Labour Unions; And they have also as recited hereinbefore, duly settled and paid off the liability of State Bank of India and got the mortgage released in their favour And the said Bank had freed and returned the original title deeds of the said two premises AND the said Vendors have also paid all the outstanding electricity dues of CESC Ltd, and the dues of creditors and they have also settled with the petitioning creditors in the winding up petitions; And the petitions for winding up have been dismissed and/or withdrawn and the said Owners/ Vendors have paid all municipal tax dues payable to the Kolkata Municipal Corporation for the said premises AND the title of the said First Property and the Second Property is marketable and free from all encumbrances charges mortgages AND the said Owners / Vendors were in a position to grant conveyances /sale deeds of the said two premises in favour of the said Original Purchasers and the said Added Purchaser in terms of the said Original agreement dated 28th December 2005 and further agreement dated 29th July 2009. AND WHEREAS the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited have decided to jointly develop and commercially exploit the said entire land of the said entire land more particularly described of the said two premises and construct buildings containing self contained/independent Residential flats/commercial units for sale on the “OWN YOUR FLAT” basis to the intending buyers and to complete the purchase of the said Land of the said two premises by obtaining sale of fragmented undivided share in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for land below the widening building containing the flat and attributable to the area of the Ghodbunder Road and therefore, the balance net plot respective flats and/or saleable area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule favour of the Property hereunder written intending buyers. AND the said Original Purchasers and is shown surrounded within the red coloured boundary line on said Added Purchaser had duly expressed their said decision to the Plan annexed heretoOwners/Vendors . AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 First Property and the Registrar said Second Property are adjacent to each other and both premises jointly contained an area of Company, Mumbai, Maharashtra has issued 23 Bighas (as per title deeds) and the two properties on actual measurement have been found to contain a Certificate land area of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering 340 Cottahs 1 Chittack and 23 Square Feet (more or less). AND WHEREAS at the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations instance of the said partnership firm MSGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, the said respective Owners/x. Xxxxxxxx Enterprises vested Vendors, by a Deed of Exchange dated 10th December, 2011 made by each of them, transferred 1 (one ) Cottah of land out of respectively owned property in favour of the other of them and the said Deed of Exchange has been duly registered in Book No. 1 as being No. 10740 for the year 2011 at the office of the Additional Registrar of Assurances-II, Kolkata and both the said premises have been amalgamated and recorded in the records of Kolkata Municipal Corporation as Municipal Premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx-000 000, more fully described in the Schedule A hereinabove written. AND WHEREAS by a Deed of Confirmation dated 24th December, 2012, made between the said First Owners/ First Vendor, Second Owners/ Second Vendor, the Original Purchasers and the Added Purchaser, the parties have clearly recorded all the facts, incidents, and the several acts undertaken/done by the Owners/Vendors towards the discharge of their obligations and liabilities and fulfillment of their responsibilities enabling them to sell and transfer the said total land free from all encumbrances, charges and liabilities; And they have also thereby recorded subsequent arrangement/agreement with the Added Purchaser and the agreement of sale and purchase of the said total land in favour of all the Original Purchasers and the said Added Purchaser jointly free from all encumbrances, mortgages, charges, claims, liens, demands, liabilities, attachments, acquisitions, requisitions, alignments and lispendences whatsoever. AND WHEREAS as stated above, the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limitedcame into khas, vacant and peaceful possession of the said amalgamated premises (total lands) and they are entitled to obtain the conveyances thereof from the said Owners/Vendors for the consideration and on the terms and conditions stated in the said company Deshmukh agreements dated 28th February, 2005 and 29th July 2009. AND WHEREAS the Owners/Vendors have received the payment of entire consideration money for the sale and transfer of the said lands of the said two premises (being at present the said amalgamated premises Xx. 000X, Xxxxxx Xxxxxx Xxxx, Xxxxxxx-000 039) and the Owners/Vendors have no claim or dispute of any nature whatsoever and they have made over the original title deeds of the said two premises to the said SGM Builders and Developers Pvt. Ltd. for self and on behalf of the other Co-Promoter.. AND the said Owners/Vendors have, as required by the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, agreed to sell/transfer the said land in fragmented undivided shares attributable to the area of the respective self contained Residential/Commercial units in favour of the intending buyers as shall be required by the them with their full entitlement/authority to receive the full consideration money therefor and appropriate for themselves absolutely without any claim/dispute or right of the said Owners/Vendors. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in by an agreement of development dated 5th October, 2013 made between the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 said First Owners/Vendor of the Companies Act, 1956 for sanctioning first part and the said Second Owners/Vendor of the Scheme of Amalgamation second part and the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited therein called the Developers of the Company herein third part and duly registered in Book No.,1, as being No. 09598 for the year 2013 with Modern Tiles Co. Pvt. Ltd. having its registered office at 000the Additional Registrar of Assurances – I , Xxxxx XxxxxxKolkata, Xxxxxxxx Xxxxthe said First Owners/Vendor and the said Second Owners/Vendor have agreed with the said SGM Builders Private Limited, Goregaon Banbury Homes Private Limited (EastPreviously Spectrum Sales Promotion Private Limited), Mumbai – 400 063Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and FlexwellCommerce Private Limited for the development of the said amalgamated premises on the terms and conditions stated therein.
Appears in 1 contract
Samples: Sale Agreement
AND WHEREAS. the Thane Municipal Corporation has Developer herein with a view to develop the said land by its order dated 27/9/1989 sanctioned & approved building way of construction consists of numbers of flat, shops, garages, in the G+4 storied building, formulated scheme and necessary plans on application and specification for the purpose of construction of the vendors in respect said apartment building which has been sanctioned and approved by the competent authority. AND WHEREAS under the aforesaid Development Agreement along with Development Power of Attorney the Owners specifically granted right to the Developer to enter into Agreement for sale of Flat / Shop / Car Parking space or portion of the property described building and the Owners authorize the Developer to sell and transfer all the flat, shops, garages and portion of the building and enter into all contracts and agreement in schedule hereunderconnection thereof to any intending Purchaser or Purchasers save and except the allocated portion of the Owners in terms of both the Development Agreement with Development Power of Attorney dated 18.08.2022. AND WHEREAS by both the Development Agreement with Development Power of Attorney dated 18.08.2022 the Developer have been empowered to build the proposed building upon the said land in accordance with the sanctioned plan or enter into any contract or agreement with the intending Purchaser/s or take advance from the said intending Purchaser/s against the respective unit and also Developer have been empowered to collect the consideration money from the sale of Developer’s allocation as well as Owners’ allocation also from the intending Purchaser/s and issue money receipt in his / her / their own name/s and moreover take advance of consideration money from the intending Purchaser/s for Developer’s allocation as well as Owner’s allocation also. AND WHEREAS by virtue of the said Development Agreement and vested power the Developer has taken delivery of peaceful and khas possession of the land as specifically mentioned in the Schedule ‘C’ hereunder written. AND WHEREAS on being empowered and authorized by the Owners, the Developer herein started construction of the said proposed building upon the said land as per Plan sanctioned and approved by the District Engineer N-24 Parganas Zilla Parishad on 21.12.2022 and also sanctioned and approved by the Executive Officer, Rajarhat Panchayat Samity on 30.12.2022 by virtue of approval order no. 2065/RPS. AND WHEREAS in terms of the said Development Agreement and as per said sanctioned building plan, the Developer started the remaining work of the said building which is now going in progress. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx Developer and Xxxx Xxxxx Xxxxxxxxx as his only heirs the Owner declare and legal representatives according to the Shia Muslim Law by which confirm that the said Xxxxxxxxx was governed at the time Flat/Unit/ Car Parking Space is forming part of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoDeveloper's Allocation. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Owners and the Registrar Developer are fully competent to enter into this Agreement and all legal formalities with respect to the right, title and interest of Companythe Promoter regarding the said Land, Mumbaihave been completed. AND WHEREAS the Promoter herein have invited offers to sell one residential Flat being no. ---------, Maharashtra has issued on the ---------- Floor, Block - -------, containing a Certificate super built up area of Incorporation bearing No.00----- (-----------------) Sq. ft. be the same a little more or less consisting of --- Bed Rooms, -- Drawing cum Dining Space, ------- open Kitchen, ----- Toilets and 1 Balcony with Vitrified Tiles flooring and Lift facility more fully described in the Schedule ‘D’ (PART I) hereinafter referred to as the said residential Flat at or for the consideration of Rs.---------------/- (Rupees ---------------) only inclusive of GST and one Car Parking Space measuring ------------- (One ) Sq. ft. more or less on the Ground Floor more fully described in the Schedule ‘D’ (PART II), “hereinafter referred to as the said Car Parking Space” at or for the consideration of Rs. ----------/- (Rupees ……………..) only inclusive of GST “hereinafter referred to as the said residential Flat and Car Parking Space” lying and situate in the said Multistoried Building namely SUNSHINE GREEN CITY, situated at Lauhati, Rajarhat, under Chandpur Gram Panchayet, within the jurisdiction of Rajarhat Police Station, in the District of North 24-0000000 Parganas, Kolkatta – 700135 and along with the undivided proportionate share of 1997 dated 15.05.1997 thereto registering land more fully described in the name Schedule ‘‘F’’, including all rights to use as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. common service - areas and by virtue of which all the assets, liabilities and obligations common parts / Amenities of the said partnership firm M/x. Xxxxxxxx Enterprises vested building, more fully described in the Schedule ‘E’ & ‘F’ respectively, as per provisions of the West Bengal Apartments Ownership Act, 1972 totaling Rs.--------------/- (Rupees ) only inclusive of GST. AND WHEREAS the Purchaser has taken inspection of the title deed, sanctioned plan and all other relevant documents including layout as aforesaid and have made all necessary searches and are fully satisfied with the plan and marketable title of the Owner’s land and the Purchaser having been spontaneously agreed not to raise any objection and / or make any other query with regard thereto and having been satisfied and considering the price and / or consideration of the aforesaid residential Flat being the fair market price and the Purchaser approached the Promoter for purchasing the above mentioned residential Flat and one Car Parking Space at or for the consideration of Rs.--------------/- (Rupees ) only inclusive of GST. AND WHEREAS the Promoter / Confirming Party doth hereby undertakes, confirms and assures unto the Purchaser that the said Flat and one Car Parking Space agreed to be purchased together with the proportionate land more fully described in the Schedule ‘E’ & ‘F’ respectively, is free from all encumbrances including mortgage, charge, lien and attachment whatsoever and that the Promoter / Confirming Party have and still have full and absolute power to transfer, convey and deliver ownership and physical possession of the said Flat and one Car Parking Space more fully described in Schedule ‘D’ written hereunder in favour of the Purchaser. AND WHEREAS at the request of the Purchaser, the Promoter / Confirming Party herein agreed to sell, transfer and convey the undivided importable proportionate share in the land comprise in the said company Deshmukh Builders Premises and Developers Pvtattributable to the said residential Flat measuring more or less ------------ sq. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVTft. LTDbe the same a little more or less and one Car Parking Space measuring ---------- Sq. filed a petition in ft. more or less according to the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 terms and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063conditions hereinafter written.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. An initial LLP Agreement dated 20th Day of April, 2018 (hereinafter called LLP Original Agreement) was executed by and between the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Party of First Part and Part of third Part, whereby they had agreed to form a LLP in the vendors in respect name and style of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the Shia Muslim Law by which the said Xxxxxxxxx was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled s CIOPEDIA LLP (hereinafter referred to develop the said property more particularly described in the First as LLP) to undertake various ancillary and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters other businesses to be carried over by LLP as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested specified in the said company Deshmukh Builders LLP agreement. The Outgoing Partner has given notice to the continuing Partners and Developers PvtLLP of his desire to resign from the said LLP as from 15.02.2021. Ltd. AND WHEREAS DESHMUKH BUILDERS The existing Partner have accepted the notice & DEVELOPERS PVT. LTD. filed a petition pass the necessary resolution in the Hon’ble High Court at Bombay meeting held on 15.02.2021 and in the Scheme interest of Amalgamation under Sections 391 and 394 business the existing Partner & Outgoing Partner have consented to admit, after receiving prior consent, Incoming Partner as a Designated Partner in place of the Companies Act, 1956 for sanctioning Outgoing Partner w.e.f 15.02.2021. NOW IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: The Agreement is supplemental to LLP Original Agreement and made between the partners of the Scheme LLP on the terms of Amalgamation which the mutual rights and duties of the Company herein with Modern Tiles Co. Pvtpartners and their rights and duties in relation to the LLP is determined. Ltd. having Existing partner of the LLP consent to the conveyance, transfer, and assignment of the LLP Partnership Interest by outgoing partner to the Incoming Partner and agree, Incoming Partner has become a Designated Partner in the LLP, having, to the extent assigned, the rights and the powers of a partner, subject to the restrictions and liabilities of a Partner. There is nothing due to the outgoing partner, since the company has incurred a loss since its registered office at 000incorporation. The Contribution of the Incoming Partner may be tangible, Xxxxx Xxxxxxintangible, Xxxxxxxx Xxxxmoveable or immoveable property. It is declared that except as hereinafter provided the Retiring Partner shall not have and he hereby releases all his share, Goregaon (East)right, Mumbai – 400 063title and interest in the business of the LLP, its assets including goodwill, all licenses and permits held by the LLP, its outstanding dues and receivables and outstanding contracts, that the same shall belong to the Continuing and the Incoming Partner. The LLP Original Agreement shall as from the date hereof be deemed to have been modified to give effect to this Agreement and subject to such modifications shall remain in full force and effect.
Appears in 1 contract
Samples: Supplementary LLP Agreement
AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans Developer shall have the sole and exclusive rights, authorities and entitlements (a) to develop and construct or cause to be developed and constructed the New Buildings at the Subject Property in accordance with the Building Plan and (b) to administer the entire Building Complex and all Transferable Areas therein and (c) all other properties benefits and rights hereby agreed to be granted to the Developer and the Owners shall be entitled (a) to share the profits from the project in the Agreed Ratio and (b) all other properties benefits and rights hereby agreed to be granted to the Owners on application of and subject to the vendors in respect of the property described in schedule hereunderterms and conditions hereinafter contained. AND WHEREAS the said Xxxxxxxxx died intestate Vendors have undertaken the construction of the building on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and Xxxx Xxxxx Xxxxxxxxx hereinafter called the said land and has obtained a building plan duly sanctioned from Rajpur Sonarpur Municipality 139/CB/22/29 dated 21/08/2017. The said land is earmarked for the purpose of Housing Development of a residential project, comprising …… multistoried apartment buildings and and the said project shall be known as his only heirs ‘EDEN RICHMOND ENCLACE’. THE Vendor/Developer are fully competent to enter into this Agreement and all the legal representatives according formalities with respect to the Shia Muslim Law by which right, title and interest of the Vendor regarding the said Xxxxxxxxx was governed at the time of his deathland on which Project is to be constructed have been completed. AND WHEREAS by diverse Deeds Schedule hereunder written and Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop hereinafter called the said property land and has obtained a building plan duly sanctioned from Rajpur Sonarpur Municipality bearing Sanction No. 139/CB/22/29 dated 21/08/2017. The Vendor / Developer have obtained the final layout plan, sanctioned plan, specification and approvals for the project and also for the apartments from Rajpur Sonarpur Municipality. The Developer agrees and undertakes that it shall not make any changes to these approved plans except in strict compliance with section 14 of the Act and other laws as applicable. The Vendor/ Developer has registered the project under the provisions of the Act with the West Bengal Housing Industry Regulatory Authority at Kolkata on under registration no. . The Purchaser/Purchaser had applied for an apartment in the Project and has been allotted apartment no. ….. having carpet area of …….. square feet, on …. floor in Block No. ……. Together with right to park one motor car on the Covered Car Parking Space on the ground floor of the building premises, together with proportionate share in the common areas (“Common Area”) as defined under clause (m) of section 2 of the Act (hereinafter referred to as the "Apartment" more particularly described in Second Schedule and the First and Second Schedules hereunder. AND WHEREAS out floor plan of the said entire land more particularly described apartment is annexed hereto and marked in colour Red. The Parties have gone through all the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sqterms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. meters had been surrendered for the widening The Parties hereby confirm that they are signing this Agreement with full knowledge of the Ghodbunder Road all laws, rules, regulations, notifications etc. applicable to the Project. The Parties, relying on the confirmations, representations and thereforeassurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/x. Xxxxxxxx Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Developer hereby agrees to sell and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering Purchaser hereby agrees to purchase the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. Apartment and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063covered parking space.
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Samples: Agreement for Sale