Common use of NOW THIS INDENTURE WITNESSETH THAT Clause in Contracts

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.

Appears in 7 contracts

Samples: 202.61.117.163, 202.61.117.163, 202.61.117.163

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NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby xxxxxx recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.

Appears in 3 contracts

Samples: 202.61.117.163, 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. 1.1 In pursuance of the said Agreement for Sale Agreement and AND in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid payments made by the Purchaser to the Vendors Sellers, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein (the receipt whereof the Vendors Sellers do hereby as also by the memo hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Vendors with the consent Sellers doth hereby grant, sell, convey, transfer, assign and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat Said Apartment (along with rights appurtenant thereto) as more fully described in the PART I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) along with the undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised maintenance staff etc of the Building/Project without causing any inconvenience or hindrance to them, morefully described in the said building and also the right PART II of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for collectively the sake of brevity collectively referred to as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And The Common Area Share And User Rights (hereinafter collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Sellers into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Sellers with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 3 contracts

Samples: Conveyance, Conveyance, Conveyance

NOW THIS INDENTURE WITNESSETH THAT. I. In pursuance consideration of the said Sale Agreement full consideration amount of Joyville Project, having already received by the Second Assignor from the First Assignor and in consideration of the said sum of Rs. /= (Rupees ) only of Assignee having paid the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors as and total consideration amount by way of Sale Price premium (hereinafter referred to as “the Consideration”) excluding taxes to the Second Assignor in terms of the Agreement for acquiring Allotment on or before execution of these presents [the receipt whereof the First Assignor doth hereby as well as by the Receipt and Memo hereunder written admit and acknowledge and of and from the payment of the same forever release, discharge and acquit the Assignee and the said Flat Apartment and the parking space more fully described in the Second Schedule hereunder written], the Assignors do and each of them doth hereby transfer, assign and assure and confirm unto and in favour the Assignee all their proportionate respective leasehold right, title, interest whatsoever under the Parent Lease Deed and the Agreement for Sub-Lease referred to above, as the case may be, in respect of bed rooms Apartment together with balcony area bearing No. admeasuring Square meter (equivalent to Square feet of Carpet Area) on the Floor of Tower No. in the said Joyville Project, together with the exclusive right of use of Open/Covered/Stilt Four Xxxxxxx Parking space comprised in Joyville Project Phase-1A, more fully described in the Second Schedule hereunder written (all the said Apartment and the Parking Space are hereinafter collectively referred to as “the said Apartment”) for the unexpired residual term of 999 years which amount includes has commenced from 10th November, 2006 under the cost of Parent Lease Deed/Agreement for Sub- Lease together with the undivided proportionate share in the land common parts and common areas of the Building comprised in Joyville Project Phase 1A more fully described in Part-I of the Third Schedule hereunder written and also with the rights of user of the common parts, common areas as also the cost of construction (the receipt whereof the Vendors do hereby certain other social facilities and amenities as also by the memo hereunder written admit specified in Part-II and acknowledge to have received) the Vendors with the consent and concurrence Part-III of the Developer do hereby sell convey transfer assure Third Schedule in common with other Apartment Owners of Joyville Project Phase-1A, named “Joyville Residential Township” for the beneficial use and assign unto and in favour enjoyment of the Purchaser ALL THAT said Apartment during the said Flat morefully and particularly described in continuance of the THIRD SCHEDULE hereunder written together with lease period subject to the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever provisions contained therein but otherwise free from all encumbrances, trustscharges, liens, lispendens lis-pendens, trust, execution and attachments SUBJECT NEVERTHELESS to attachment/acquisition/requisition proceedings and all other liabilities whatsoever and the applicable easements easement or quasi easements quasi-easement and other stipulations and / or provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and Apartment (all the rights and privileges properties to be sold and transferred and/or expressed or intended so to do is thereinafter collectively referred to as “the said Apartment and the Parking Space”) and all the estate, right, title, claim, interest and demand whatsoever both at law and in equity of the Assignors in respect of the said Apartment and the parking space or any part or parcel thereof, TO HAVE AND TO HOLD the said Apartment and the Parking Space hereby transferred and/or assigned to and unto the use of the Assignee SUBJECT TO the conditions as contained in the Parent Lease Deed and the Agreement for Sub-Lease and also subject to the assignee’s paying and discharging taxes and impositions on the said Apartment and the Parking Space wholly and the common expenses as are mentioned in the SIXTH SCHEDULE Fourth Schedule hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and other outgoing in respect of the said Flat unto Apartment and in favour the Parking Space wholly and the said Building/Block/phase proportionately AND ALSO SUBJECT to the First Assignor’s and the Second Assignor’s right to commence, continue and complete construction of Joyville Project AND ALSO SUBJECT to the residual right of the Purchaser hereinGovernment of West Bengal, as the Owner of the Demised Larger Land (hereinafter referred to as “the Superior Lessor”).

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors Developer as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do Developer doth hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent Vendor and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do doth hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.

Appears in 2 contracts

Samples: Deed of Conveyance, 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement For Sale/Allotment Letter by and between the Parties hereto AND in consideration of the payments made by the Purchaser to the Developer, as more fully mentioned in the SIXTH SCHEDULE herein and in consideration of the said sum of Rs. /= (Rupees ) only receipt of the lawful money of respective entitlements (under the Union of India well and truly paid said - Development Agreement), by the Purchaser to Owners and each of them, from the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction Developer, (the receipt whereof the Vendors do hereby Developer as also by the memo hereunder written Owners and each of them doth hereby admit and acknowledge to have received) and of and from the Vendors with the consent and concurrence payment of the Developer same, forever release, discharge and acquit the Purchaser and the Said Apartment) , the Sellers do and each of them doth hereby sell convey transfer grant, sell, convey, transfer, assign and assure and assign unto and in favour of the Purchaser ALL THAT the said Flat And Rights and the Car Parking Spaces, if any, as per details given in PART – I and PART-II, respectively, of the FOURTH SCHEDULE hereunder (herein before as also hereinafter, collectively, the “SAID APARTMENT”), TO HAVE AND TO HOLD the Said Apartment unto the Purchaser absolutely and forever free from all encumbrances (save and except the Litigation as mentioned above), whatsoever, together with all benefits and advantages, rights, liberties, easements, privileges, appendages, and appurtenances whatsoever belonging to the Said Apartment or in anywise appertaining thereto, or any part thereof, usually held, used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and the rents, issues, and profits of the Said Apartment AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Sellers into or upon the Said Apartment SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the Rights being the right to use undivided proportionate indivisible share of the Purchaser in the Common Areas and the right of user and enjoyment thereof as morefully and particularly described mentioned in the THIRD SCHEDULE hereunder written together shall always be deemed to have been conveyed to the Purchaser by the Sellers with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in Parking space even though the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrancessame, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In IN PURSUANCE of the said Registered Deed of Agreement for Development cum Power of Attorney being Registered Deed No. I-09891 for 2018, incorporated in Book No. I, Volume No. 0203-2019, Page Nos. 6799 to 6908, registered in the Office of the ADSR, Burdwan and in pursuance of the said Sale Agreement Burdwan Municipality Sanctioned Plan being Memo No. 495/E/VII-4 dated 15/09/2018 along with the Map of Plan bearing Regd. (Enclo.) No. 1196 dated 12/09/2018 and in consideration terms with the Agreement for Sale dated ……….. ……….. of 201…. as entered upon between the all parties in connection to purchase the schedule mentioned flat and Parking Space and in lieu of the said sum consideration of Rs. /= ………./- (Rupees ……………….. Only) only of the lawful money of the Union of India well and truly paid by the Purchaser Purchasers to the Owners cum Sellers cum Vendors as through their representative Attorney and by way of Sale Price for acquiring the said Flat Developer/Confirming Party which amount includes the cost of the proportionate share in land and as well as the cost of the Residential Flat and Parking Space in concurrence and consent of the Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party and the Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party hereby the receipt of such payment of Rs /- (Rupees Only) where of the Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party themselves hereunder doth admit and acknowledge as per memo of consideration/receipt below and of and from the payment of the same forever release, discharge and acquit the PURCHASERS CUM VENDEES and the said undivided share of land at the premises referred to in the “First Schedule” herein and the said Residential Flat and Parking is referred to in the “Second Schedule” with rights in common areas and benefit’s attributable to the said Residential Flat and Parking Space and all appurtenances thereto and the Owners cum Sellers cum Vendors through their representative Attorney doth hereby grant, sell, convey, transfer, assign and assure ALL THAT Residential Flat and Parking Space together with undivided proportionate share in land attributable to the land as also Residential Flat and Parking Space fully described in the cost of construction (the receipt whereof the Vendors do hereby as also by the memo “Second Schedule” hereunder written admit together with all common rights and acknowledge facilities attributable thereto referred to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in “Third Schedule” in favour of the Purchaser ALL THAT PURCHASERS and the Developer themselves being the Confirming Party hereby doth hereby concur and confirm the sale and the Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party hereunder release discharge and acquit and transfer the PURCHASERS all that the said Residential Flat morefully and particularly Parking Space together and common benefit’s fully described in the THIRD SCHEDULE “Third Schedule” hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said earlier constructed building lying and also situate at the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described premises referred to in the FOURTH SCHEDULE hereunder written (“First Schedule” hereinafter for and the sake of brevity collectively referred Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party doth hereby grant, sell, convey, transfer, assign, and assure unto the Party to as the said FLAT) THIRD PART being PURCHASERS cum VENDEES TO HAVE AND TO HOLD ALL THAT all that undivided proportionate share in land and the same said Residential Flat and Parking Space and the reversion or reversions, remainder or remainders and the rents, issues and profit’s and all the estate, rights title, interest, property, claim and demand whatsoever of the Owners cum Sellers cum Vendors through their representative Attorney and Developer/Confirming Party unto or upon the Purchaser herein absolutely PURCHASERS cum VENDEES and forever free from the said Residential Flat and Parking Space and all encumbrancesother benefit’s hereby granted, trustssold, liens, lispendens conveyed transferred assigned and attachments SUBJECT NEVERTHELESS assured or expressed so to be TOGETHER FURTHER WITH and subject to the applicable easements or quasi quasi-easements and other stipulations and provisions in this connection connections with the beneficial common use and enjoyment of the said Residential Flat mentioned and Parking Space and all other benefit’s and rights hereby granted sold, conveyed, transferred, assigned and assured or expressly so AND ALSO SUBJECT to the PURCHASERS CUM VENDEES paying and discharging all proportionate taxes, impositions and other common expenses, service charges and maintenance charges and other charges relating to the premises referred to in the FIFTH SCHEDULE hereunder written excepting and reserving unto and “Fourth Schedule” herein. THE OWNERS CUM SELLERS CUM VENDORS THROUGH THEIR REPRESENTATIVE ATTORNEY AND DEVELOPER/CONFIRMING PARTY i.e., the Vendor and/or other person or persons deriving title under and/or through PARTY TO THE FIRST AND SECOND PART DOTH HEREBY CONVENANT WITH THE PURCHASERS CUM VENDEES i.e., the Vendor such easements and quasi easements and the rights and privileges PARTY TO THE THIRD PART as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.follows :-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement and in favour of the Purchaser AND in consideration of the said payments of the sum of Rs. /= ___________/-(Rupees ______________________________) (Rupees UNIT PRICE) only of the lawful money of the Union of India well and truly paid made by the Purchaser to the Vendors Promoter, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein, (the receipt whereof the Vendors Promoter do hereby as also by the memo hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Bunglow and the rights and properties appurtenant thereto) the Vendors with Promoter doth hereby grant, sell, convey, transfer, assign and assure (and the consent and concurrence of the Developer do hereby sell convey transfer assure and assign Owner jointly confirm) unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together Said Bunglow(along with the proportionate right title and interest in common areas portions and parts rights appurtenant thereto) as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly more fully described in the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter for referred to as the sake “SAID BUNGLOW”) and in consideration of brevity the receipt of their respective entitlements (under the Said Agreement Dated ), by the Promoter herein, the Promoter doth hereby, grant, sell, convey, transfer, assign and assure unto the Purchaser ALL THAT right to use in the undivided proportionate share as also the Common Areas, (morefully described in the THIRD SCHEDULE hereunder written, hereinbefore as also hereinafter collectively referred to as the said FLAT“COMMON AREAS”) in common along with other occupants and maintenance staff etc. of /Phase III/Project without causing any inconvenience or hindrance to them, TO HAVE AND TO HOLD the same Said Bunglow And the User Rights in said Common Area Share (both, hereinafter, collectively referred to as the “SAID BUNGLOWAND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Bunglow And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held, Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said BunglowAnd The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said BunglowAnd The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said BunglowAnd The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the right of user and enjoyment of the said Flat undivided proportionate share in the Common Areas thereof shall always be deemed to have been conveyed to the Purchaser by the Promoters with the Said Bungloweven though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH THAT. I. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= /- (Rupees ) only only, for Flat No. , admeasuring about is ( ) Sq.ft. of Super Built up Area be the same a little more or less, on the _ floor of the lawful money said Building ‘Xxxxxxxx Glory’, consisting of the Union of India well and truly , paid by the Purchaser to the Vendors as and Vendor/ Developer by way of Sale Price for acquiring consideration money on or before the said Flat which amount includes the cost execution of undivided proportionate share in the land as also the cost of construction (these presents [the receipt whereof the Vendors Vendor/ Developer do hereby as also well as by the memo Receipt and Memo hereunder written admit and acknowledge to have received) been received and of and from the Vendors with the consent and concurrence payment of the same and every part thereof do hereby acquit, release and discharge the Purchaser and the said Flat No. the Vendor/ Developer do hereby sell convey transfer grant, transfer, sell, convey, assign and assure and assign confirm to and unto and in favour of the Purchaser ALL THAT all that the said Flat No. , admeasuring about is ( ) Sq.ft. of Super Built up Area be the same a little more or less, on the floor of the said Building ‘Xxxxxxxx Glory’ (“the said Apartment”) morefully and particularly described in the THIRD SCHEDULE Second Schedule hereunder written and as delineated on the plan thereof hereto annexed together with undivided proportionate share or interest in the land underneath the said Building together with undivided proportionate share or interest in the common areas, facilities and amenities of the said Property morefully described in the Fourth Schedule hereunder written and thereon together with the proportionate right title of ingress and interest egress in common areas portions with the owners/ occupiers/ residents of the said Building and parts also all rights of use of the passage in common and the common use of amenities such as electric, telephone, water, sewerage line underneath the said Building and/ or comprised in the said building Property for the beneficial use and also the right enjoyment of free ingress in and egress out from the said Flat without any obstruction whatsoever Apartment together with all easement or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements quasi-easement and other stipulations and and/ or provisions in this connection with the beneficial use and enjoyment of the said Flat Apartment as mentioned in the FIFTH SCHEDULE Fifth Schedule hereunder written excepting subject to the terms, conditions and reserving unto provisions contained herein but otherwise free from all encumbrances, charges, liens, lispendens, trust, execution and attachment / acquisition/ requisition proceedings and all other liabilities whatsoever (the said Apartment/ Flat No. and all other rights and properties hereby sold and transferred and/ or expressed or intended to be sold and transferred are hereinafter collectively referred to as the said “Premises”) AND the reversion or reversions and remainder or remainders and the Vendor and/or other person rent, issues and profits thereof AND all the estate, right, title, claim, interest and demand whatsoever both at law and in equity of the Vendor/ Developer in the said Premises or persons deriving title under and/or through any part or parcel thereof TO HAVE AND TO HOLD the Vendor such easements said Premises hereby sold, transferred and quasi easements conveyed to and unto the use of the Purchaser absolutely and forever AND SUBJECT TO the observance of the terms, conditions and covenants and the rights stipulation and privileges obligations to be observed by the Purchaser as are mentioned in herein and SUBJECT TO the SIXTH SCHEDULE hereunder written Purchaser’s paying and subject to such restrictions contained in discharging all the SEVENTH SCHEDULE hereunder written rates, taxes and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and impositions in respect of the said Flat unto Premises wholly and all the common expenses proportionately as are mentioned herein and all rents, taxes, assessment, rates, dues and duties now chargeable upon the same or which may hereafter become payable in favour respect thereof in connection with the said Premises wholly and the said Property proportionately and subject to the condition that the said Apartment will be used only for residential purpose and no other AND ALSO SUBJECT to the Vendor/ Developer’s right to complete construction of remaining portion of the Purchaser hereinsaid Building, if any.

Appears in 1 contract

Samples: Indenture of Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement Provisional Allotment Letter in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter, as more fully mentioned in the FIFTH SCHEDULE herein. (the receipt whereof the Promoter do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Unit and the rights and properties appurtenant thereto) the Promoter doth hereby grant, sell, convey, transfer, assign and assure unto the Purchaser ALL THAT the Said Unit (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID UNIT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of Said Agreement Dated ), the Union of India well Promoter doth hereby, collectively, grant, sell, convey, transfer, assign and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right building/blocks/Phase without causing any inconvenience or hindrance to them, (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT) TO HAVE “COMMON AREA SHARE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.USER RIGHTS”)

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement agreement and in consideration of the said sum of Rs. /= (Rupees /-(Rupees only) only of the lawful money of the Union of India well and truly paid by the Purchaser Purchasers to the Vendors as and by way Project Manager at or before the execution of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction these presents (the receipt whereof the Vendors do Project Manager doth hereby as also by the memo receipt hereunder written admit and acknowledge to have received) and of and from the Vendors with the consent and concurrence payment of the Developer do same and every part thereof doth hereby sell acquit, release and discharge the Purchaser and the said Apartment hereby intended to be sold and transferred), the Vendor/Promoter doth hereby grant transfer convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully Apartment No. containing a carpet area of sq.ft. be the same a little more or less on the Floor of the building known as “XXXXXX ENCLAVE” more fully and particularly described in the THIRD SCHEDULE Part I of the Second Schedule hereunder written together with the proportionate right title and interest in common areas portions shown and parts as comprised delineated in the said building map or plan annexed hereto and also bordered in colour RED thereon Together With the right to park car at the ground level of free ingress the new building in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully parking area within the project more fully and particularly described in the FOURTH SCHEDULE Part II of the Second Schedule hereunder written written, and Together With the undivided proportionate impartible part or share in the land comprised in the said property more fully and particularly described in the First Schedule hereunder written, attributable to the said Apartment and Together With the undivided, proportionate indivisible part or share in the common areas, facilities and amenities of the said building as also in the said Project more fully and particularly described in Part I and Part II of the Third Schedule hereunder written, (hereinafter for the sake of brevity collectively referred to as the said FLATSaid Apartment And The Rights And Properties Appurtenant Thereto) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens encumbrances charges liens attachments trusts whatsoever or howsoever AND TOGETHER WITH the right to use the common areas amenities and attachments SUBJECT NEVERTHELESS to facilities in common with Co-Transferees and the applicable other lawful occupants of the said building AND TOGETHER WITH all easements or quasi quasi-easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in Apartment And the FIFTH SCHEDULE hereunder written excepting Rights And Properties Appurtenant thereto TOGETHER WITH all rights, liberties, privileges, easements and reserving appurtenances whatsoever of the Vendors into or upon the said Apartment and the said undivided, impartiable Share hereby conveyed TO HAVE AND TO HOLD the said Apartment and the Rights and Properties Appurtenant thereto hereby sold, transferred and conveyed and every part or parts thereof unto and to the Vendor and/or other person or persons deriving title under and/or through use of the Vendor such easements Purchaser absolutely and quasi easements forever and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and free from all encumbrances subject to payment of such common maintenance expenses as mentioned in the EIGHT SCHEDULE Fourth Schedule hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereinwritten.

Appears in 1 contract

Samples: Indenture of Sale

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter, as more fully mentioned in the FIFTH SCHEDULE herein. (the receipt whereof the Promoter do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Promoter doth hereby grant, sell, convey, transfer, assign and assure (and the Owner jointly confirm) unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of the Union of India well and truly paid Said Agreement Dated _ ), by the Purchaser to Promoter herein, the Vendors as Promoter doth hereby, grant, sell, convey, transfer, assign and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right building/blocks/Phase II without causing any inconvenience or hindrance to them, (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT) TO HAVE “COMMON AREA SHARE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.USER RIGHTS”)

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement For Sale Agreement in favour of the Purchaser and the Purchaser requesting the Sellers to convey the properties described hereafter AND in consideration of the payments made by the Purchaser to the Developer, as more fully mentioned in the FIFTH SCHEDULE herein (the receipt whereof the Developer do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Developer doth hereby grant, sell, convey, transfer, assign and assure (and the Owner doth hereby confirm), unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in PART-II of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum of Rs. /= (Rupees ) only receipt by the Owner of the lawful money of Owner’s entitlement (under the Union of India well and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors Principal Agreement dated 30th July, 2014 read with the consent and concurrence of Supplementary Agreement dated 24th July, 2015, both, being collectively referred to as the Developer do Development Agreement), the Owner doth hereby grant sell convey transfer assign and assure (and assign the Developer hereby confirm) unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts maintenance staff etc of the buildings of the Phase-I and/or the buildings of other phases of the Complex and/or the Project, as comprised in the said building and also the case may be (without causing any inconvenience or hindrance to them) all of such share/right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is being morefully and particularly described in PART-I of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to hereinafter as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And The Common Area Share And User Rights (both, hereinafter, collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held, Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Sellers into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Sellers with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement and AND in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid payments made by the Purchaser to the Vendors Promoter, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein (the receipt whereof the Vendors Promoter do hereby as also by the memo hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Vendors with the consent Promoter doth hereby grant, sell, convey, transfer, assign and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat Said Apartment (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) along with the undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right of free ingress in and egress out from the said Flat Building/Project without causing any obstruction whatsoever inconvenience or howsoever and is hindrance to them, morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for collectively the sake of brevity collectively referred to as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And The Common Area Share And User Rights (hereinafter collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Promoter with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement Provisional Allotment Letter in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter No. 2, as more fully mentioned in the FIFTH SCHEDULE herein. (the receipt whereof the Promoter No. 2 do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Unit and the rights and properties appurtenant thereto) the Promoter No. 2 doth hereby grant, sell, convey, transfer, assign and assure (and the Promoter No. 1 jointly confirm) unto the Purchaser ALL THAT the Said Unit (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID UNIT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of the Union of India well and truly paid Said Agreement Dated 13th April, 2016), by the Purchaser to First Vendor and the Vendors as and by way of Sale Price for acquiring Second Vendor, being collectively the said Flat which amount includes Promoter No. 1 herein, the cost of undivided proportionate share in the land Promoter No. 1 jointly as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit Promoter No. 2 doth hereby, collectively, grant, sell, convey, transfer, assign and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right building/blocks/Complex without causing any inconvenience or hindrance to them, (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT) TO HAVE “COMMON AREA SHARE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.USER RIGHTS”)

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid payments made by the Purchaser to the Vendors Developer, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also FOURTH SCHEDULE hereunder written (all of which payments have been made to the cost Developer in terms of construction (the Said Agreement dated and the receipt whereof the Vendors Developer do hereby as also by the memo Memo hereunder written admit and acknowledge to have received) received and of and from the Vendors with the consent and concurrence payment of the Developer same, forever release, discharge and acquit the Purchaser and the Said Unit, the Promoter do and each of them doth hereby sell convey transfer grant, sell, convey, transfer, assign and assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully Said Space, the Parking Spaces, the Said Share, the Common Areas and particularly described the Rights as per details given in PART I, PART II, PART III, PART IV, and PART V respectively, of the THIRD SCHEDULE hereunder written together with (herein before as also hereinafter, collectively, the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) “SAID UNIT”), TO HAVE AND TO HOLD the same Said Unit unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Unit or quasi easements in anywise appertaining thereto, or any part thereof, usually held, used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Unit AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoters into or upon the Said Unit SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Unit wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the Said Share, being the undivided proportionate indivisible share of the Purchaser in the Common Areas and the Rights being the right of user and enjoyment of the said Flat Common Areas thereof shall always be deemed to have been conveyed to the Purchaser by the Promoters with the Said Space and Parking space even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. In the premises aforesaid and in pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring Developer at or before the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction execution hereof (the receipt whereof the Vendors Owner and the Developer do hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge and which sum includes the consideration to have receivedthe Owner to the extent apportioned towards their proportionate share in the Said Land attributable to the Said Apartment and of and from the payment of the same and every part thereof the Promoter, being the Owner and the Developer and each of them do hereby forever release discharge and acquit the Purchaser and the Said Apartment and its appurtenances) the Vendors with the consent Owner and concurrence of the Developer do and each of them doth hereby sell convey and transfer assure and assign unto and in favour of to the Purchaser their respective entitlements in ALL THAT the Flat including store room along with toilet inside the said Flat morefully store room, the permission (without consideration) to use the Parking Spaces, the Said Share, the Common Areas and particularly described the Rights as per details given in PART – I, PART - II, PART III, PART IV and Part V respectively, of the THIRD SCHEDULE hereunder written together with (herein before as also hereinafter, collectively, the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT“SAID APARTMENT”) TO HAVE AND TO HOLD the same Said Apartment unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment or quasi easements in anywise appertaining thereto, or any part thereof, usually held, used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoters into or upon the Said Apartment SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the Said Share, being the undivided proportionate indivisible share of the Purchaser in the Common Areas and the Rights being the right of user and enjoyment of the said Flat mentioned in Common Areas thereof shall always be deemed to have been conveyed to the FIFTH SCHEDULE hereunder written excepting and reserving unto and Purchaser by the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of Promoters with the said Flat unto and including store room along with toilet inside the said store room and/or the permission to park cars in favour the Parking Spaces even though the same, be not expressly mentioned in any further conveyance and/or instrument of the Purchaser hereintransfer.

Appears in 1 contract

Samples: 202.61.117.163

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NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Sale Agreement and in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors Developer as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do Developer doth hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent Vendor and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter No. 2, as more fully mentioned in the FIFTH SCHEDULE herein. (the receipt whereof the Promoter No. 2 do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Promoter No. 2 doth hereby grant, sell, convey, transfer, assign and assure (and the Promoter No. 1 jointly confirm) unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of the Union of India well and truly paid Said Agreement Dated ), by the Purchaser to First Vendor and the Vendors as and by way of Sale Price for acquiring Second Vendor, being collectively the said Flat which amount includes Promoter No. 1 herein, the cost of undivided proportionate share in the land Promoter No. 1 jointly as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit Promoter No. 2 doth hereby, collectively, grant, sell, convey, transfer, assign and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right building/blocks/Complex without causing any inconvenience or hindrance to them, (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And the said Common Area Share And User Rights (both, hereinafter, collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Promoters with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter, as more fully mentioned in the FIFTH SCHEDULE herein. (the receipt whereof the Promoter do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Promoter doth hereby grant, sell, convey, transfer, assign and assure (and the Owner jointly confirm) unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in PART-I of the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of the Union of India well and truly paid Said Agreement Dated _ ), by the Purchaser to Promoter herein, the Vendors as Promoter doth hereby, grant, sell, convey, transfer, assign and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right building/blocks/Phase II without causing any inconvenience or hindrance to them, (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in PART-II of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And the said Common Area Share And User Rights (both, hereinafter, collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Promoters with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. 1.1 In pursuance of the said Sale Allotment Letter/Agreement and For Assignment dated AND in consideration of the said payments of the sum of Rs. /= Rs /-( - only) (Rupees UNIT PRICE) only of the lawful money of the Union of India well and truly paid made by the Purchaser Assignee to the Vendors Promoter, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein (the receipt whereof the Vendors Promoter do hereby as also by the memo hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Assignee and the Said Unit and the rights and properties appurtenant thereto) the Vendors with Promoter doth hereby grant, sell, transfer, assign and assure unto the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser Assignee ALL THAT the said Flat morefully and particularly Said Unit (along with rights appurtenant thereto) as more fully described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right PART I of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter for the sake of brevity collectively referred to as the said FLAT“SAID UNIT”) along with the right to use undivided proportionate share in the Exclusive Common Areas (both open and covered) as per details given in PART – I of the THIRD SCHEDULE and Shared Common Areas in Part II of the THIRD SCHEDULE hereunder written, in common (to the extent required for beneficial use and enjoyment of the Said Unit) with the other occupants and maintenance staff etc. only of the building in which the Said Unit is situated (without causing any inconvenience or hindrance to them) and , of the Project/Complex (without causing any inconvenience or hindrance to them) is being assigned and/or transferred by the Promoter to the Assignee along with the exclusive right to use the undivided proportionate share as also the right to use the Complex Common Areas to the extent required for beneficial use and enjoyment of the Said Unit, morefully described in the PART II of the FOURTH SCHEDULE hereunder written (collectively the “COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same (hereinafter collectively referred to as the “SAID UNIT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein Assignee absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Unit And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Unit And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Unit And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial land AND SUBJECT ALSO TO the Assignee paying and discharging all taxes, impositions etc. of the Said Unit And The Rights Appurtenant Thereto wholly and/or proportionately, as the case maybe, AND PROVIDED ALWAYS THAT the right to use undivided proportionate share in the Exclusive Common Areas and also in the Shared Common Areas, as the case may be, and the right of user and enjoyment of thereof shall always be deemed to have been assigned to the said Flat Assignee by the Promoter with the Said Unit even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further assignment and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment instrument of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH THAT. 2. In pursuance of the said Agreement For Sale Agreement in favour of the Purchaser and the Purchaser requesting the Sellers to convey the properties described hereafter AND in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid payments made by the Purchaser to the Vendors Developer, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein (the receipt whereof the Vendors Developer do hereby as also by the memo of consideration hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Vendors with Developer doth hereby grant, sell, convey, transfer, assign and assure (and the consent and concurrence of Owner doth hereby confirm the Developer do hereby sell convey transfer assure and assign same), unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts Said Apartment as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly more fully described in the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter for referred to as the sake “SAID APARTMENT”) in Phase-IV of brevity the Complex and in consideration of the receipt by the Owners of the Owners’ entitlement (under the First Agreement dated 30th July, 2014 read with the Said Agreement dated 21st April 2017, both, being collectively referred to as the said FLATDevelopment Agreement), the Owners do and each of them doth hereby grant sell convey transfer assign and assure (and the Developer hereby confirm) TO HAVE AND TO HOLD the same unto the Purchaser herein ALL THAT the undivided proportionate share as also the right to use the Common Areas, (morefully described in the THIRD SCHEDULE hereunder written, hereinbefore as also hereinafter collectively referred to as the “COMMON AREAS”) in common along with other occupants and maintenance staff etc. of the buildings of the Phase–III and/or the buildings of other phases of the Complex, as the case may be (without causing any inconvenience or hindrance to them) BUT EXCEPTING AND RESERVING the properties and rights excluded and reserved unto the Developer as mentioned in the SEVENTH SCHEDULE hereunder written all of such properties/rights hereinafter collectively referred to ,as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser absolutely and forever free from all encumbrances, trustswhatsoever, liensTO HAVE AND TO HOLD the Said Apartment And The Rights Appurtenant Thereto together with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held, used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Sellers into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of thereof shall always be deemed to have been conveyed to the said Flat Purchaser by the Sellers with the Said Apartment even though the same, be not expressly mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor any further conveyance and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges instrument of transferAND THE OWNERS, DEVELOPER DO AND EACH OF THEM DOTH HEREBY COVENANT WITH THE ALLOTTEE as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.follows :

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. 1.1 In pursuance of the said Agreement For Sale Agreement and AND in consideration of the said sum of Rs. /= (Rupees ) only of the lawful money of the Union of India well and truly paid payments made by the Purchaser to the Vendors Developer, as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share more fully mentioned in the land as also the cost of construction FIFTH SCHEDULE herein (the receipt whereof the Vendors Developer do hereby as also by the memo hereunder written admit and acknowledge to have receivedand of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Unit and the rights and properties appurtenant thereto) the Vendors with the consent Developer doth hereby grant, sell, convey, transfer, assign and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat morefully and particularly Said Unit (along with rights appurtenant thereto) as more fully described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right PART I of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinbefore as also hereinafter for the sake of brevity collectively referred to as the said FLAT“SAID UNIT”) along with the right to use undivided proportionate share in the Exclusive Common Areas (both open and covered) as per details given in PART – I of the THIRD SCHEDULE and Shared Common Areas in Part II of the THIRD SCHEDULE hereunder written, in common (to the extent required for beneficial use and enjoyment of the Said Unit) with the other occupants and maintenance staff etc. only of the building in which the Said Unit is situated (without causing any inconvenience or hindrance to them) and , of the Project/Complex (without causing any inconvenience or hindrance to them) is being conveyed and/or transferred by the Sellers to the Purchaser along with the exclusive right to use the undivided proportionate share as also the right to use the Complex Common Areas to the extent required for beneficial use and enjoyment of the Said Unit, morefully described in the PART II of the FOURTH SCHEDULE hereunder written (collectively the “COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same (hereinafter collectively referred to as the “SAID UNIT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Unit And The Rights Appurtenant Thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Unit And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Sellers into or upon the Said Unit And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and enjoyment discharging all taxes, impositions etc. of the said Flat mentioned in Said Unit And The Rights Appurtenant Thereto wholly and/or proportionately, as the FIFTH SCHEDULE hereunder written excepting case maybe, AND EXCEPTING the exceptions and reserving unto and reservations of the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges Developer as are mentioned per details given in the SIXTH SCHEDULE written hereunder written and subject to such restrictions contained AND PROVIDED ALWAYS THAT the undivided proportionate share in the SEVENTH SCHEDULE hereunder written Exclusive Common Areas and subject also in the Shared Common Areas, as the case may be, and the right of user and enjoyment thereof shall always be deemed to payment of such common expenses have been conveyed to the Purchaser by the Seller with the Said Unit even though the same, be not expressly mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect any further conveyance and/or instrument of the said Flat unto and in favour of the Purchaser hereintransfer.

Appears in 1 contract

Samples: Indenture

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement in favour of the Purchaser AND in consideration of the payments made by the Purchaser to the Promoter and as more fully mentioned in the FOURTH SCHEDULE herein. (the receipt whereof the Promoter do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Promoter doth hereby grant, sell, convey, transfer, assign and assure unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in SECOND SCHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum receipt of Rs. /= their respective entitlements (Rupees ) only of under the lawful money of the Union of India well and truly paid Said Agreement Dated ), by the Purchaser to Promoter herein, the Vendors as Promoter doth hereby, grant, sell, convey, transfer, assign and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors with the consent and concurrence of the Developer do hereby sell convey transfer assure and assign unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with the proportionate right title and interest in common areas portions along with other occupants and parts as comprised in maintenance staff etc of the said building and also the right project (all of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is such share/rights being morefully and particularly described in the FOURTH SECOND SCHEDULE hereunder written (hereinafter for the sake of brevity being collectively referred to hereinafter as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same Said Apartment And the said Common Area Share And User Rights (both hereinafter collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser herein absolutely and forever free from all encumbrances, trustswhatsoever, lienstogether with all benefits and advantages, lispendens rights, liberties, easements, privileges, appendages, and attachments SUBJECT NEVERTHELESS appurtenances whatsoever belonging to the applicable easements Said Apartment And the rights appurtenant thereto or quasi easements in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and other stipulations the rents, issues, and provisions in this connection profits of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the beneficial use land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject thereof shall always be deemed to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject have been conveyed to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser hereinby the Promoter with the Said Apartment.

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement For Sale Agreement in favour of the Purchaser and the Purchaser requesting the Sellers to convey the properties described hereafter AND in consideration of the payments made by the Purchaser to the Developer, as more fully mentioned in the FIFTH SCHEDULE herein (the receipt whereof the Developer do hereby admit and acknowledge and of and from the payment of the same, forever release, discharge and acquit the Purchaser and the Said Apartment and the rights and properties appurtenant thereto) the Developer doth hereby grant, sell, convey, transfer, assign and assure (and the Owner doth hereby confirm), unto the Purchaser ALL THAT the Said Apartment (along with rights appurtenant thereto) as more fully described in PART-II of the FOURTH S CHEDULE hereunder written (hereinbefore as also hereinafter referred to as the “SAID APARTMENT”) and in consideration of the said sum of Rs. /= (Rupees ) only receipt by the Owner of the lawful money of Owner’s entitlement (under the Union of India well and truly paid by the Purchaser to the Vendors as and by way of Sale Price for acquiring the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction (the receipt whereof the Vendors do hereby as also by the memo hereunder written admit and acknowledge to have received) the Vendors Principal Agreement dated 30th July, 2014 read with the consent and concurrence of Supplementary Agreement dated 24th July, 2015, both, being collectively referred to as the Developer do Development Agreement), the Owner doth hereby grant sell convey transfer assign and assure (and assign the Developer hereby confirm) unto and in favour of the Purchaser ALL THAT the said Flat undivided proportionate share as also the right to use the Common Areas, (morefully and particularly described in the THIRD SCHEDULE hereunder written together with written, hereinbefore as also hereinafter collectively referred to as the proportionate right title and interest “COMMON AREAS”) in common areas portions along with other occupants and parts maintenance staff etc of the buildings of the Phase-I and/or the buildings of other phases of the Complex and/or the Project, as comprised in the said building and also the case may be (without causing any inconvenience or hindrance to them) all of such share/right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is being morefully and particularly described in PART-I of the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to hereinafter as the said FLAT“COMMON AREA SHARE AND USER RIGHTS”) TO HAVE AND TO HOLD the same unto Said Apartment And The Common Area Share And User Rights (both, hereinafter, collectively referred to as the Purchaser herein absolutely and forever free from all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and in respect of the said Flat unto and in favour of the Purchaser herein.“SAID

Appears in 1 contract

Samples: Conveyance

NOW THIS INDENTURE WITNESSETH THAT. In pursuance of the said Agreement for Sale Agreement and in favour of the Allottee AND in consideration of the said sum of Rs. /= ……….. /- (Rupees ………………………. only) only of the lawful money of the Union of India well and truly paid by the Purchaser Allottee to the Vendors as and by way of Sale Price for acquiring Promoter paid before the said Flat which amount includes the cost of undivided proportionate share in the land as also the cost of construction execution hereof (the receipt whereof the Vendors do Promoter doth hereby as also by the receipt and memo of consideration hereunder written admit and acknowledge to have received) and of and from the Vendors with the consent and concurrence payment of the Developer do same and every part thereof doth hereby acquit release and forever discharge the Allottee and the Said flat/shop being hereby conveyed), the Promoter doth hereby grant convey sell convey transfer release assign and assure and assign unto and in favour of the Purchaser Allottee ALL THAT the said Flat morefully Said flat/shop, more particularly mentioned and particularly described in the THIRD SECOND SCHEDULE hereunder written together written, TOGETHER WITH the right to use and enjoy the Common Areas, Amenities and Facilities in common with the proportionate other allottees of the Project AND reversion or reversions remainder or remainders and the rents issues and profits of and in connection with the Said flat/shop AND all the estate right title interest property claim and interest in common areas portions and parts as comprised in demand whatsoever of the said building and also Promoter into or upon the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE Said flat/shop AND TO HOLD the same unto the Purchaser herein absolutely and forever free from TOGETHER WITH all encumbrances, trusts, liens, lispendens and attachments SUBJECT NEVERTHELESS to the applicable easements or quasi quasi-easements and other stipulations and provisions in this connection with the beneficial use and enjoyment of the said Flat Said flat/shop TO HAVE AND TO HOLD the Said flat/shop and every part thereof unto and to the use of the Allottee absolutely and forever SUBJECT NEVERTHELESS TO the Allottee’s covenants and agreements hereunder contained and on the part of the Allottee to be observed fulfilled and performed AND ALSO SUBJECT to the Allottee paying and discharging all municipal and other rates taxes and impositions on the Said flat/shop wholly, and the Common Expenses, as more fully and particularly mentioned and described in the FIFTH FOURTH SCHEDULE hereunder written excepting proportionately, and reserving unto all other outgoings in connection with the Said flat/shop wholly and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and the rights and privileges as are mentioned in the SIXTH SCHEDULE hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over Project and in respect of particular the said Flat unto and in favour of the Purchaser hereinCommon Areas proportionately.

Appears in 1 contract

Samples: Deed of Conveyance

NOW THIS INDENTURE WITNESSETH THAT. I. In pursuance consideration of the said Sale Agreement full consideration amount of Joyville Project, having already received by the Second Assignor from the First Assignor and in consideration of the said sum of Rs. /= (Rupees ) only of Assignee having paid the lawful money of the Union of India well and truly paid by the Purchaser to the Vendors as and total consideration amount by way of Sale Price premium (hereinafter referred to as “the Consideration”) excluding taxes to the Second Assignor in terms of the Agreement for acquiring Allotment on or before execution of these presents [the receipt whereof the First Assignor doth hereby as well as by the Receipt and Memo hereunder written admit and acknowledge and of and from the payment of the same forever release, discharge and acquit the Assignee and the said Flat Apartment and the parking space more fully described in the Second Schedule hereunder written], the Assignors do and each of them doth hereby transfer, assign and assure and confirm unto and in favor the Assignee all their proportionate respective leasehold right, title, interest whatsoever under the Parent Lease Deed and the Agreement for Sub-Lease referred to above, as the case may be, in respect of bed rooms Apartment together with balcony area bearing No. admeasuring Square meter (equivalent to Square feet of Carpet Area) on the Floor of Tower No. Western Heights D & E (B1/B2) in the said Joyville Project, together with the exclusive right of use of Open/Covered/Stilt Four Xxxxxxx Parking space comprised in Joyville Project Phase-1B, more fully described in the Second Schedule hereunder written (all the said Apartment and the Parking Space are hereinafter collectively referred to as “the said Apartment”) for the unexpired residual term of 999 years which amount includes has commenced from 10th November, 2006 under the cost of Parent Lease Deed/Agreement for Sub-Lease together with the undivided proportionate share in the land common parts and common areas of the Building comprised in Joyville Project Phase 1B more fully described in Part-I of the Third Schedule hereunder written and also with the rights of user of the common parts, common areas as also the cost of construction (the receipt whereof the Vendors do hereby certain other social facilities and amenities as also by the memo hereunder written admit specified in Part-II and acknowledge to have received) the Vendors with the consent and concurrence Part-III of the Developer do hereby sell convey transfer assure Third Schedule in common with other Apartment Owners of Joyville Project Phase-1B, named “Joyville Residential Township” for the beneficial use and assign unto and in favour enjoyment of the Purchaser ALL THAT said Apartment during the said Flat morefully and particularly described in continuance of the THIRD SCHEDULE hereunder written together with lease period subject to the proportionate right title and interest in common areas portions and parts as comprised in the said building and also the right of free ingress in and egress out from the said Flat without any obstruction whatsoever or howsoever and is morefully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter for the sake of brevity collectively referred to as the said FLAT) TO HAVE AND TO HOLD the same unto the Purchaser herein absolutely and forever provisions contained therein but otherwise free from all encumbrances, trustscharges, liens, lispendens lis-pendens, trust, execution and attachments SUBJECT NEVERTHELESS to attachment/acquisition/requisition proceedings and all other liabilities whatsoever and the applicable easements easement or quasi easements quasi-easement and other stipulations and / or provisions in this connection with the beneficial use and enjoyment of the said Flat mentioned in the FIFTH SCHEDULE hereunder written excepting and reserving unto and the Vendor and/or other person or persons deriving title under and/or through the Vendor such easements and quasi easements and Apartment (all the rights and privileges properties to be sold and transferred and/or expressed or intended so to do is thereinafter collectively referred to as “the said Apartment and the Parking Space”) and all the estate, right, title, claim, interest and demand whatsoever both at law and in equity of the Assignors in respect of the said Apartment and the parking space or any part or parcel thereof, TO HAVE AND TO HOLD the said Apartment and the Parking Space hereby transferred and/or assigned to and unto the use of the Assignee SUBJECT TO the conditions as contained in the Parent Lease Deed and the Agreement for Sub-Lease and also subject to the assignee’s paying and discharging taxes and impositions on the said Apartment and the Parking Space wholly and the common expenses as are mentioned in the SIXTH SCHEDULE Fourth Schedule hereunder written and subject to such restrictions contained in the SEVENTH SCHEDULE hereunder written and subject to payment of such common expenses mentioned in the EIGHT SCHEDULE hereunder written AND it is hereby recorded and confirmed that the Vendor do hereby release relinquish and disclaim and transfer and assign all their respective right title interest claim or demand whatsoever or howsoever over and other outgoing in respect of the said Flat unto Apartment and in favour the Parking Space wholly and the said Building/Block/phase proportionately AND ALSO SUBJECT to the First Assignor’s and the Second Assignor’s right to commence, continue and complete construction of Joyville Project AND ALSO SUBJECT to the residual right of the Purchaser hereinGovernment of West Bengal, as the Owner of the Demised Larger Land (hereinafter referred to as “the Superior Lessor”).

Appears in 1 contract

Samples: 202.61.117.163

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