SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian X.X. Xxxxxx no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian X. X. Xxxxxxx no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian X. X. Xxxxxxx xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 6458 to 65416478, being Deed No. 09717 09719 for the year 2011, said M/s. M. M. Construction, therein xxxxxxx called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 08 (TenEight) Chittaks 30 20 (ThirtyTwenty) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian X. X. Xxxxxxx No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE NIRMAL COMPLEX PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 08 (TenEight) Chittaks 30 20 (ThirtyTwenty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/266/BLLRO/ATM/Kasba dated 24.01.2012 09.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090870651 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 297.213 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 149099 to 149084149112, bearing Deed No. 08703 08705 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 4277 to 1249274283, bearing Deed No. 07999 01432 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 297.213 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Brindaban Enclave Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2015120450 Dated 15.03.201616.02.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00092 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6539 to 6505 6571 entered between M/s. Xxxxxx Enclave Nirmal Complex Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R..
Appears in 1 contract
Samples: Sale Agreement
SMT. MANTI MAHATO @ MANATI MAHATO, Wife of Sri Xxxxxx Xxxxx Mahato, and (iii)SMT. XXXXXX XXX XXXXXXXXXX, wife Wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest Sri Xxxxxxx Xxxxxxx have jointly transferred all that their altogether 0.365 Acre of land i.e. 3/5th undivided share in their entire 0.6083 Acre of land unto and possession in respect favour of their remaining land out brothers i.e. the First Party/Owners hereof of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell these presents by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 Gift which has been transcribed in Book No. I, Volume No.403-2019 in pages between 58176 to 58206 being document No. 02570 for the year 2019 registered at the office of Additional Registrar the Addl. District Sub-Registrar, Siliguri-II at Bagdogra. AND WHEREAS by virtue of Assurances – Iinheritance and aforesaid two Gift Deeds the First Party/Owners hereof are presently jointly acquiring and possessing all that 0.695 Acre of land out of which 0.26 Acre of land in R.S. Xxxx Xx.000, Kolkata and recorded in Book R.S. Khatian No.4, and 0.435 Acre of land being part of R.S. Xxxx Xxx.000, 000, & 313, recorded in R.S. Khatian No.61/1, within Mouza Mandlaguri, Pargana Patharghata, X.X. No.107, under P.S. Siliguri (now Pradhan Nagar), Dist. Darjeeling as fully and particularly described in the Schedule-“A” herein below. under certain terms and conditions which has been registered at the office of the A.D.S.R. Siliguri-II, at Bagdogra, being document No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 I- 5352 for the year 2011, said M/s. M. M. Construction, therein called 2019 and referred to as the Vendor, thereafter in furtherance of the One Part, sold, conveyed and transferred ALL THAT piece and parcel said agreement the Owners/First Party have also executed a General Power of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) out Attorney in favour of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. Promoter/Developer/Third Party hereof being document No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 I-5356 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 20162019, registered at the office of A.R.the A.D.S.R. Siliguri-II, at Bagdogra. B WHEREAS in the meanwhile the Promoter/Developer has already initiated the process of construction work upon the said premises i.e. the land measuring 0.695 Acre as per approved building plan being No.147 dated 11.05.2017 for Parking plus four storied residential building(s) duly sanctioned by Siliguri Municipal Corporation and named the said residential complex as “Xxxxxxxx Xxxxxxxxxx Apartment”. Thus the said Land is earmarked for the purpose of building a residential project, comprising Parking plus 4 (four) floor multistoried apartment buildings and the said project shall be known as “Xxxxxxxx Xxxxxxxxxx Apartment”. Provided that where land is earmarked for any institutional development the same shall be used for those purposes only and no commercial/residential development shall be permitted unless it is a part of the plan approved by the competent authority;
Appears in 1 contract
Samples: Sale Agreement
SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 6437 to 65416457, being Deed No. 09717 09718 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 15 (TenFifteen) Chittaks 30 44 (ThirtyForty Four) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. X. XXXXXX ENCLAVE FINANCIAL & SERVICES PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 15 (TenFifteen) Chittaks 30 44 (ThirtyForty Four) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/405/BLLRO/ATM/Kasba dated 24.01.2012 20.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090870640 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. x. Xxxxxx Enclave Financial & Services Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 334.355 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 04.08.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 43900 to 14908443911, bearing Deed No. 08703 06218 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nirmal Complex Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 04.08.2015 and duly recorded in Book No. - I, CD Volume No. 41901-2015, written in pages from 124918 43912 to 12492743921, bearing Deed No. 07999 06219 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 334.355 Sq. Mtr. Mtr with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Brindaban Enclave Private Limited, M/x. Xxxxxx Financial & Services s. Nirmal Complex Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2015120450 Dated 15.03.201616.02.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00093 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6572 to 6505 6604 entered between M/s. x. Xxxxxx Enclave Financial & Services Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 00502 for the year 2016, registered at the office of A.R.
Appears in 1 contract
Samples: Sale Agreement
SMT. XXXXXX XXX SWARNA SANA also known as SMT. XXXXXXXXXX XXXX wife of Xxx. Xxxxxx Xxxxxx Xxxx, (8) SMT. XXXXXXX XXXXXX, wife of Xxx. Xxxxxxxx Xxxx Xxxxxx, and (9) SMT. XXXX XXX, wife of Xxxx Xxx Xxxxx Xxx Roy had been enjoying the rightXxx, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian no – 131 as Confirming Party therein sold, conveyed and transferred a demarcated portion absolutely and for ever in favour of land XXXXXXX XXXXXX, Son of Sri Xxxxxx Xxxxx Xxxxxx, the Owner herein ALL THAT Land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered 2 Cottahs 11 Chittacks 18 Sq.ft. being undivided 10% share or interest in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land total Land measuring more or less 62 Kattah 04 Chittaks 38 Square feet 27 (Twenty Seven) Cottah 2 (Two) Chatak 6 (Six) Sq.ft at and being Premises Xx.00, Xxxxxx’x Xxxxxx Xxxx, (also known as 00, Xxxxxx Xxxxxx Xxxx) Xxxxxxx-000000, P.S. New Alipore under KMC xxxx No.81, by executing a registered deed of landed property appertaining conveyance dated 1st July,2011 registered before Addl. Registrar Of Assurance-I of Kolkata, Book No.I, CD Volume No.13, Pages 6657 to R. S. Dag No – 191 under R. S. Khatian no – 131 in Mouza – Nayabad6682, a portion Being No.05700 for the year 2011. AND WHEREAS by virtue of land the above mentioned Deeds of Conveyance Owners herein became the absolute Owners of ALL THAT Land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work 27 (Twenty Seven) Cottah 2 (Two) Chatak 6 (Six) Sq.ft TOGETHER WITH structure standing thereon at and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the rightbeing presently Premises No.16, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft Mondal’s Temple Lane, (also known as 00, Xxxxxx Xxxxxx Xxxx) Xxxxxxx-000000, P.S. New Alipore, under KMC xxxx No.81 hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the VendorTOTAL PROPERTY, of the One Part, sold, conveyed more fully and transferred ALL THAT piece and parcel of land total measuring 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) Sft., (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and particularly described in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 (Five) Cottahs 10 (Ten) Chittaks 30 (Thirty) SftPART-I OF THE FIRST SCHEDULE hereinafter mentioned., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring physically by an area of 379.041 Sq. Mtr ;, and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 and duly recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 to 149084, bearing Deed No. 08703 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 Dated 15.03.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.
Appears in 1 contract
Samples: Conveyance Agreement
SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian X.X. Xxxxxx no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian X. X. Xxxxxxx no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian xx 000 xx Xxxxx X. X. Xxxxxxx no 131 in Mouza – XxxxxxxNayabad. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 6479 to 65416499, being Deed No. 09717 09720 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 07 (TenSeven) Chittaks 30 03 (ThirtyThree) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi XxNo. 0056, X.X. R.S. Dag No. 191, R. S. Khatian X. X. Xxxxxxx No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX BRINDABAN ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 07 (TenSeven) Chittaks 30 03 (ThirtyThree) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/408/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090870663 and it has been paying its taxes regularly in respect of Schedule Premises XxNo. 00003504, XxxxxxxNayabad, Xxxxxxx Kolkata – 000 700 094. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nortech Property Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring admeasuring, physically by an area of 379.041 297.101 Sq. Mtr ;, ; and the said Boundary Declaration was registered in the office of A. R. A. – I, Kolkata on 06.11.2015 15.09.2015, and duly xxxx recorded in Book No. - I, Volume No. 1901-2015, written in pages from 149071 100714 to 149084100726, bearing Deed No. 08703 07251 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Nortech Property Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 4341 to 1249274347, bearing Deed No. 07999 01440 for the year 2015. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 297.101 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. blocks, numbered as ‘Block- 1’ to ‘Block – 6’. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2015120314 Dated 15.03.2016. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 to 6505 entered between M/s. Xxxxxx Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.16.10.2015.
Appears in 1 contract
Samples: Sale Agreement
SMT. XXXXXX XXX XXX, wife of Xxxx Xxxxx Xxx Roy had been enjoying the right, title, interest and possession in respect of their remaining land out of the said total land of 09 Bighas 15 Kattahs appertaining to R.S. Dag no – 191 under R.S. Katian X.X. Xxxxxx no – 131 sold, conveyed and transferred a demarcated portion of land measuring more or less 22 Kattah 03 Chittaks 06 Square feet by their constituted attorney SHRI XXXXXXXX XXXXXXXX, son of Xxxx Xxxxxx Xxxxxxx Majumder, to one M/S. M. M. CONSTRUCTION, represented by its sole proprietor XXXX XXXXXXX XXXXXXXX, son of Xxxx Xxxxxxxx Xxxxxxxx, by virtue of ‘Deed of Conveyance’ which was registered in the office of the D. S.R. – III, Xxxxxxx on 11/01/2007 and xxxx recorded in Book no. – I, Volume no – 10, written in pages from 4645 to 4663 being no. 05378 and for the year 2010. AND WHEREAS since such purchase the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession of specifically demarcated land measuring about 62 Kattah 04 Chittaks 38 Square Feet of landed property comprising in R. S. Dag no – 191 under R. S. Katian no – 131 in Mouza – Nayabad, upon mutating its name in respect of the schedule property before the authority of X.X. & L.R.O. vide Mutation Reference No – 1703 / 2010 and 1736 / 2010 respectively without any interference from others. AND WHEREAS while the said M/S. X.X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring more or less 62 Kattah 04 Chittaks 38 Square feet of landed property appertaining to R. S. Dag No – 191 under R. S. Khatian X. X. Xxxxxxx no – 131 in Mouza – Nayabad, a portion of land measuring more or less 05 Kattah 14 Chittaks 35 Sft merged with the K. M. C. Road development work and thus net become reduced into more or less 56 Kattah 06 Chittaks 03 Sqft and thereafter since a considerable period M/S X.X.XXXXXXXXXXXX has been enjoying the right, title, interest and possession as absolute owner in respect of the demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft of landed property appertaining to R. S. Dag no – 191 under R. S. Khatian X. X. Xxxxxxx xx 000 xx Xxxxx – Xxxxxxx. AND WHEREAS while the said M/S. M. X.XXXXXXXXXXXX, has been enjoying the right, title, interest and possession in respect of the said demarcated land measuring about 56 Kattah 06 Chittaks 03 Sft appertaining to R. S. Dag no – 191 under R. S. Khatian no 131 in Mouza – Nayabad, made a scheme plan and divided its whole land measuring about 56 Kattah 06 Chittaks 03 Sqft , (hereinafter referred to as the ‘Total Land’) into separate demarcated plots of various sizes for the purpose of transfer the same to the various intending purchasers. AND FURTHER WHEREAS in pursuance to sell by virtue of a ‘Deed of Conveyance’ dated 04.11.2011 registered at the office of Additional Registrar of Assurances – I, Kolkata and recorded in Book No. – I, Volume No. - 21, written in pages from 6521 to 6541, being Deed No. 09717 09722 for the year 2011, said M/s. M. M. Construction, therein called and referred to as the Vendor, of the One Part, sold, conveyed and transferred ALL THAT piece and parcel of land total measuring 05 04 (FiveFour) Cottahs 10 01 (TenOne) Chittaks 30 37 (ThirtyThirty One) Sft., . (be the same little more or less) out of the aforesaid total land lying and situated in Mouza – Nayabad, P. S. – Purba Jadavpur, X. X. No. 25, R. S. No. – 102, Touzi Xx. 00, X.X. Dag No. 191, R. S. Khatian X. X. Xxxxxxx No. 131, Kolkata Municipal Corporation Xxxx No. 109, within the District of South 24 Parganas, West Bengal Together with all rights of easements Quasi-easement, appurtenances appendages and right of ways water connection, sewer, drain, surface and/or overhead of the soil and butted and bounded as therein stated, to M/S. XXXXXX BRINDABAN ENCLAVE PRIVATE LIMITED, Vendor herein, therein called and referred to as the 'Purchaser' of the Other Part for the consideration and in the premises stated therein. AND WHEREAS While the aforesaid Vendor had been enjoying the right, title, interest and possession in respect of the property measuring more or less 05 04 (FiveFour) Cottahs 10 01 (TenOne) Chittaks 30 37 (ThirtyThirty Seven) Sft., morefully mentioned in the FIRST SCHEDULE, hereunder and mutated its name before the authority of X. X. & L. R. O. under R. S. Dag No. 205 under Memo No. 18/mut/409mut/407/BLLRO/ATM/Kasba dated 24.01.2012 in respect of the schedule property and also mutated before Kolkata Municipal Corporation under Assessee No. 311090871217 311090871205 and it has been paying its taxes regularly in respect of Schedule Premises Xx. 0000, Xxxxxxx, Xxxxxxx – 000 094. AND WHEREAS the said owner, M/s. Xxxxxx Brindaban Enclave Private Limited, executed a registered Boundary declaration in respect of the subject property, admeasuring admeasuring, physically by an area of 379.041 274.779 Sq. Mtr ;, ; and the said Boundary Declaration was registered in the office of A. D. S. R. A. – IV, Kolkata Alipore, South 24 Parganas on 06.11.2015 28.06.2019, and duly recorded in Book No. - I, Volume No. 19011630-20152019, written in pages from 149071 54952 to 14908454964, bearing Deed No. 08703 163001469 for the year 2015. AND WHEREAS the said owner, M/s. Xxxxxx Enclave Private Limited, executed a registered Common Passage Declaration in respect of the subject property, admeasuring, and the said Common Passage Declaration was registered in the office of A. R. A. – I, Kolkata on 23.02.2015 and duly recorded in Book No. - I, CD Volume No. 4, written in pages from 124918 to 124927, bearing Deed No. 07999 for the year 20152019. AND WHEREAS thus, post Boundary Declaration net area remained 379.041 271.517 Sq. Mtr. with the Vendor. In this agreement the Seller and the Confirming Parties are collectively referred to as the OWNERS. AND WHEREAS apart from the present Vendor and the Confirming Parties hereinabove, namely, M/s. Nortech property Private Limited, M/s. Nirmal Complex Private Limited, M/x. Xxxxxx Financial & Services Private Limited, M/s. Maink Housing Private Limited and M/s. Brindaban Xxxxxx Enclave Private Limited, have acquired separate plots of land in the same complex, as per details below and the same are morefully mentioned in PART – I & PART –VI hereunder : Block No. Premises No. Area of Land Owner Purchased vide Deed no. 1 3536, NAYABAD 04 K 01 CH 37 SFT Brindaban Enclave Pvt Ltd 09722/2011 2 3504, NAYABAD 04 K 07 CH 03 SFT Nortech property Pvt Ltd 09720/2011 3 3505, NAYABAD 04 K 08 CH 20 SFT Nirmal Complex Pvt Ltd 09719/2011 4 3506, NAYABAD 04 K 15 CH 44 SFT Nawhal Financial & Service Pvt Ltd 09718/2011 5 3507, NAYABAD 04 K 15 CH 36 SFT Maink Housing Pvt Ltd 09721/2011 6 3535, NAYABAD 05 K 10 CH 30 SFT Xxxxxx Enclave Pvt Ltd 09717/2011 Altogether Total Land Area of the said complex, namely, “EDEN OXFORD PARK” is measuring more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft., as follows: AND WHEREAS thus the present Vendor and the aforesaid Confirming Parties have purchased the total land measuring more or less more or less 28 (Twenty Eight) Kattah 10 (Ten) Chittak 35 (Thirty Five) Sft. in the schedule complex, morefully described hereinabove. AND WHEREAS the said Vendor has undertaken the construction of the building on the plot of land owned by the said Vendor, particulars of which are described in First Schedule hereunder written and hereinafter called the said land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. 2015120478 2019120135 Dated 15.03.201601.11.2019. holders of the all the respective buildings. It is also agreed that there will be only one Common Boundary wall for the building complex comprising of all six blocks and One Common ‘Main Gate’ of the said Building Complex comprising of six blocks. The Vendor and Confirming Party have agreed to remove the common boundary wall between their respective the blocks and the said common area, said open spaces of all the blocks, common space between both the blocks shall be used by the flat owners of all the blocks in common. The Flat owners hereby consent for the same and agree not raise any objection in future in respect of the same. The Vendor/ Confirming Parties Developer shall be at liberty to create additional new Gate/s for the direct access to the building premises from Main Municipal Road resulting smooth ingress and egress of the person, motor car, two wheelers, etc. and the Allottee doth hereby accord his consent and confirmation to the same. AND WHEREAS the Vendor decided to undertake the development of the said Property by causing new building and/or buildings to be constructed at the said Property and for the purpose of undertaking the development of the said Property and the Vendor decided that the Developer will undertake the development of the said Property and accordingly by a ‘JOINT DEVELOPMENT AGREEMENT’ dated 06.01.2016, registered at the Office of Additional Registrar of Assurances - I, Kolkata, being Deed No. – 00089 00091 for the year 2016, registered in Book No. – I, Volume No. 1901-2016, written in Page No. 6473 6506 to 6505 6538 entered between M/s. Xxxxxx Brindaban Enclave Private Limited, Vendor herein, therein referred to as the Owner of the One Part and M/s. Nortech Property Private Limited, the Developer herein therein referred to as the Developer of the Other Part and Vendor granted the exclusive right of development in respect of the said Property unto and in favour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the said ‘JDA’). AND WHEREAS Xxxxxx has executed a Registered Development ‘POWER OF ATTORNEY’ on 21.01.2016, in favour of the Developer vide Deed No. – 00504 for the year 2016, registered at the office of A.R.
Appears in 1 contract
Samples: Sale Agreement
