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~ ~11 ~JIIM WEST BENGAL 70AA 232347

AGREEMENT FOR SALE

TIJIS AGREEMENT FOR SALE IS MADE 0 TIDS THE \' ~ D Y 0 ::r

TJO THOUSAND AND FOURTEEN BETWEEN SRI ABHISHEK DUTTA, son of Sri
Bi:swanath Dutta, by faith - Hindu, by Nationality - Indian, by Occupation -
Btsiness, residing at Third Floor, 227, Bangur Avenue, Block - A, P.S. Lake Town,
Kolkata - 700 055, hereinafter called and referred to as the "VENDOR" (which
te'ms or expression shall unless excluded by or repugnant to the subject or context

. ,.
be deemed to mean and include his heirs, executors, , administrators, legal
representatives and assigns) of the ONE PART.

AND

1) SRI RAM KUMAR AGARWAL, son of Ratan Kumar Agarwal, by faith Hindu) by
Nationality - Indian, by Occupation Business, residing at 145, Bangur Avenue,
Block-A, Kolkata- 700 055 and 2) MRS SWETA AGARWAL, wife of Sri Ram Kumar
Agarwal, by faith Hindu, by Nationality - Indian, by Occupation Housewife,
residing at 145, Bangur Avenue, Block-A, Kolkata- 700· 055 hereinafter called
and referred to as the "PURCHASERS" (which terms or expression shalf unless
exci ded by or repugnant to the subject or context be deemed to mean and include
their executors, administrators, legal representatives and assigns) of the OTHER
PART.

WHEREAS one Santosh Kumar Roy Chowdhury, son of Late Brojendra Chandra
Roy Chowdhury was father of the Donor, during his life time and at the time of his
death was absolutely seized and possessed of or otherwise well and sufficiently
entitled to the vacant land being holding No. 982, Bangur Avenue, Kolkata - 700
055, purchased by him by Deed of Conveyance 22nd June, 1965 at the cost of
Rupees twenty one thousand only from one Bibhuti Bhusan Ghosh registered in
the Registrar of Assurance Calcutta and recorded in Book No. I, Volume No. 134,
Pages 73 to 85, Being No. 4016 for the year 1965.

AND WHEREAS the said Santosh Kumar Roy Chowdhury died on 30th March,
1:974 intestate, leaving him surviving his widow Smt. Shefali Roy Chowdhury and a
daughter named Smt. Sarbari Roy wife of Prabir Kumar Roy and mother Mrinalini
Roy Chowdhury wife of Late Brojendra Chandra Roy Chowdhury as his heirs,
heiress and legal representatives.

AND WHEREAS the said mother Mrinalini Roy Chowdhury died intestate on 11th

September, 1991 leaing behind her two sons namely (1) Ashoke Kumar Roy
Chowdhury and (2) Nihar Ranjan Roy Chowdhury and the said Smt. Sarbari Roy
being the daughter of her predeceased son namely santosh Kumar Roy Chowdhury.
 AND WHEREAS as aforesaid (1) Ashoke Kumar Roy Chowdhury has became
absolute Owner of Ij9th portion (2) Nihar Ranjan Roy Chowdhury has became
absolute owner of Ij9th portion (2) _-illar Ranjan Roy Chowdhury has became
absolute owner of Ij9th portion (3) mt, arbari Roy became absolute owner of
4j9th portion (lj9th from her grandmother plus 1j3m portion already she got from
her father) and (4) Smt. Shefali Roy Chowdhury has became the absolute Owner of
Ij3rd portion of the said plot of land (she inherited from her husband) in the
manner said under Hindu Succession Act.

AND WHEREAS by a Deed of Gift dated 01.07.1995 registered at the office of the
Registrar of Assurance, Calcutta copied in Book No.1, Being No. 2465 for Ithe .year
1956 Smt. Shefali Roy Chowdhury granted, transferred and assigned to Smt. Sipra
Roy Chowdhury and Sri Sandip Roy Chowdhury ALL THAT undivided piece or
parcel of land measuring an area 20 Chittacks out her 30 Chittacks of land.

AND WHEREAS by a Deed of Gift dated 01.07.1995 registered at the office of the
Registrar of Assurance, Calcutta copied in Book No. I, Being No. 2464 for the year
1995 Smt. Sarbari Roy granted, transferred and assigned Smt. Chandana Roy
Chowdhury and sri Sanjib Roy Chowdhury ALLTHAT undivided piece or parcel of
land measuring an area 20 Ch ittacks out of her 30 Chittacks of land.

AND WHEREAS Ashoke Kumar Roy Chowdhury died intestate leaving behind him
his only wifeSmt. Chandana Roy Chowdhury, only son Sri sanjib Roy Chowdhury
and two daughters namely Smt. Sarmila Roy Chowdhury and Smt. Suparna Roy
Chowdhury (Sahna) as his legal heirs in respect of his share in respect of the
,,-aforesaid land.

AND WHEREAS by a Deed of Gift dated 24th May, 2002, registered at the office of
the Sub-Registrar Bidhannagar copied in Book No. I, Being No. 4163 for the year
2002 the said Smt. Sarmila Roy Chowdhury and Smt. Suparna Roy Chowdhury
(Saha) transferred their share to their brother Sri Sanjib Roy Chowdhury.

AND WHEREAS (1) Smt. Shefali Roy Chowdhury, (2) Smt. Chandana Roy
Chowdhury, (3) Sri Sanjib Roy Chowdhury, (4) Sri Nihar Ranjan Roy Chowdhury,
(5) Sri Sipra Roy Chowdhury, (6) Sri Sandip Roy Chowdhury, (7) Smt. Sarbari Roy
 -.
the Owners therein are well seized and possessed of or otherwise sufficiently
entitled to the property measuring an area 5 (five) Cottahs ~O (ten) Chittacks 1
(one) Sq.ft. with proportionate share of land at Holding No. 279, Block - B, Bangur
Avenue, Patipukur, Kolkata - 700 055 morefully des~ribed in the first Schedule
hereunder written.

AND WHEREAS the said (1) Smt. Shefali Roy Chowdhury, (2) Smt. Chandan a Roy
Chowdhury, (3) Sri Sanjib Roy Chowdhury, (4) Sri Nihar Ranjan Roy Chowdhury,
(5) Sri. Sipra Roy Chowdhury, (6) Sri Sandip Roy Chowdhury, (7) Smt. Sarbari Roy
ioin :r desi ous developing the said land by constructing thereon a multi storied
reside __rial apartment as sanctioned by the South Dum Dum Municipality. The
proposed building shall consist of residential flats / apartments with garage and
service areas as per Municipal Rules.

AND WHEREAS Sri Amar Kumar Polley started construction of the G+4 storied
building as per sanctioned plan No. 742 dated 04.07.1997 and Renewal No. 42 of
04.07.2000 and 31.01.2001 of the South Dum Dum Municipality at the said
Premises and due to some unavoidable circumstances Sri Amar Kumar Polley is at
present unable to complete the construction of the said building and approached
the Developer to undertake the development of the said premises to which the
Developer have agreed on the terms and conditions appearing hereinafter.

AND WHEREAS by a Deed of Cancellation of agreement dated 17.01.2002 to the

said said (1) Smt. Shefali Roy Chowdhury, (2) Smt. Chandana Roy Chowdhury, (3)
Sri Sanjib Roy Chowdhury, (4) Sri Nihar Ranjan Roy Chowdhury, (5) Sri Sipra Roy
Chowdhury, (6) Sri Sandip Roy Chowdhury, (7) Smt. Sarbari Roy and Sri Amar
Kumar Polley have agreed to cancel the agreement dated 07.01.1996

AND WHEREAS the said (1) Smt. Shefali Roy Chowdhury, (2) Smt. Chandana Roy
Chowdhury, (3) Sri Sanjib Roy Chowdhury, (4) Sri Nihar Ranjan Roy Chowdhury,
(5) Sri Sipra Roy Chowdhury, (6) Sri Sandip Roy Chowdhury, (7) Smt. Sarbari Roy
entered into an Development Agreement dated 17.01.2002 with SHRI SALASAR
CONSTRUCTION, a Proprietorship firm, represented by its proprietor Sri Rahul
Agarwal, son of Sri Prakas Agarwal, having its office at 98, Sarat Chatterjee Road,
Barat, P.S. Lake Town, Kolkata - 700 089, the Developer therein construct a G+4
storied building as per sanction plan 0: outh Dum Dum Municipality, the terms
and conditions set forth therein.

AND WHEREAS in terms of the Agree em dated 17.01.2002, the said SHRI
SALASAR CONSTRUCTION, the Developer therein have constructed a G+4 storied
building consisting of several Flats and Garages at the said Holding No. 9~2,
Bangur Avenue, Kolkata - 700 055 as per plan of the South Dum Dum
Municipality.

AND WHEREAS Sri Jugal Singh and Smt. Shaila Singh purchased one Residential
Flat being _-0. 4-"\ on the Fourth Floor, measuring super built up area 1170 feet
more or less consisting of Three Bed Rooms, One Kitchen, One Living cum Dining
Space, Two Toilets and One Balcony lying and situate at Premises No. 982, Bangur
Avenue, Kolkata - 700 055, of South Dum Dum Municipality, Police Station - Lake
Town, in the District of North 24-Parganas, by virtue of one Deed of Conveyance
duly registered in the office of the Additional District Sub-Registration office at
Bidhannagar (Salt Lake City) and recorded in Book No. I, Volume No. 277, Pages 14
to 38, Being No. 4672 for the year 2004, valuable consideration mentioned thereon
from. (1) Smt. Shefali Roy Ghowdhury, (2) Smt. Chandana Roy Chowdhury, (3) Sri
Sanjib Roy Chowdhury, (4) Sri Nihar Ranjan Roy Chowdhury, (5) Sri Sipra Roy
Chowdhury, (6) Sri Sandip Roy Chowdhury, (7) Smt. Sarbari Roy therein called and
referred to as the Vendor of the First Part and SHRI SALASARCONSTRUCTION
therein called and referred to as the Developer of the Second Part against valuable
consideration mentioned thereon.

AND WHEREAS since then the said Sri Jugal Singh and Smt. Shaila Singh are
jointly seized and possessed of 'and / or otherwise well and sufficiently entitled to .
the said property and mutated their names in the assessment records of South
Dum Dum Municipality being Holding No. 1731/3, Bangur Avenue and enjoyed
the same peacefully, freely, absolutely and without any interruptions from any
corners together with rights to sell, convey and transfer the same to any intending
buyer or buyers at any consideration or under any terms and conditions as the
Vendor shall think fit and proper.
AND WHEREAS while enjoying the same the said Sri Jugal Singh and Smt.
Shaila Singh jointly sold, transferred, conveyed, assigned and assured for
the consideration
mentioned therein of ALL THAT piece or parcel of one Residential Flat
being No. 4-A on the Fourth Floor measuring super built up area 1170
Square feet more or less consisting of Three Bed Rooms, One Kitchen, One
Living cum Dining Space, Two Toilets and One Balcony lying and situate ,at
Premises No. 982, Bangur Avenue, Kolkata - 700 055, of South Dum Dum
Municipality, Police Station - Lake Town, in the District of North 24-
Parganas, by virtue of a Deed of Conveyance dated 29thAugust, 2013, duly
registered in the office of the Additional District Sub-Registrar at
Bidhannagar (Salt Lake City) and recorded in Book No. I, Volume No.------, ~
Pages to , Being No for the year 2013 unto and in favour of the
Vendor herein the said Sri Abhishek Dutta free from all encumbrances
whatsoever.

AND WHEREAS since then the Vendor herein is the absolute Owner and
seized and possessed of and / or otherwise well and sufficiently entitled to
the said property and enjoyed the same peacefully, freely, absolutely and
without any interruptions from any corners together with rights to sell,
convey and transfer the same to any intending buyer or buyers at any
consideration or under any terms and conditions as the Vendor shall think
fit and proper.

AND WHEREAS now the Vendor hereby agreed to sell and the Purchaser
hereby agreed to purchase the said Residential Flat being No. 4-A on the
Fourth Floor, measuring super built up area 1170 Square feet more or less
consisting of Three Bed Rooms, One Kitchen, One Living cum Dining
Space, Two Toilets and One Balcony of a multi storied building together
with the proportionate undivided interest or share on the land along with
all proportionate rights on all common areas and facilities of a four storied
building, particularly mentioned in the Second Schedule hereinafter written
at or for the total consideration of Rs. 30,00,000/- (Rupees Thirty Lac) only
free from all sorts of encumbrances and under some other terms and
conditions mentioned hereinafter.
 AND WHEREAS now both the parties herein have agreed to enter into this
Agreement stating the terms and conditions in details to avoid litigations
which mayor may not be arise in future by and between the parties herein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Vendor herein intend to sell the aforesaid a Residential Flat being No.
4-A on the Fourth Floor, measuring sup~r built up area 1170 Square feet
more or less consisting of Three Bed Rooms, One Kitchen, One Living cum
Dining Space, Two Toilets and One Balcony of a multi storied building
together with the proportionate undivided interest or share on the land
alongwith all proportionate rights on all common areas and facilities of one
G+4 storied building, morefully mentioned in the Second Schedule
hereunder written duly constructed on the land, morefully and particularly
described in the First Schedule hereunder written together with undivided
proportionate share of land along with all easement rights, common
amenities and facilities of the said building at consideration of Rs.
30,00,0001 - (Rupees Thirty Lac) only out of which the Purchasers has paid
a sum of Rs. 1,01,000 1- (Rupees One Lac One Thousand) only as an
advance or earnest money at the time of execution of this Agreement and
the balance sum will be paid by the Purchasers to the Vendor herein before
the date of execution of the registered Deed of Conveyance in favour of the
Purchasers or their nominated pe~son and after getting the balance
payment of the aforesaid flat within 90 (Ninety) days from the date of
execution of this Agreement and the Vendor is legally bound to register the
Deed of Sale in favour of the Purchaser at his own costs; otherwise the
Purchasers has every right to file suit under Specific Performance Act.
against the Vendor. If the Purchasers fails to pay the balance consideration
money then the Vendor shall have the option to rescind this Agreement and
the Vendor shall refund the entire earnest money in favour of the
Purchasers herein after receivi~g earnest money from any third persons 1
buyers in respect of the said flat and the Purchaser shall have no objection
in respect whatsoever.
2. If it is found that any defect in title in respect of the said flat then the
Vendor shall bound to refund the entire earnest money with costs and
interest thereof in favour of the Purchasers within such period in one shot.
 3. The Vendor or his nominee I legal heirs are bound to execute and register
the Deed of Conveyance in the name of the Purchasers or his nominee
immediately after receiving the :: consideration money said as earlier for
the said flat without any hesitation and the cost of registration will be
borne by the Purchasers including levies and taxes.
4. The Title Deed, Building Sanction Plan, Tax receipt and / or any other
documents in respect of the said flat will be handed over to the Purchasers
by the Vendor before registration of the said flat.
5. The Purchasers shall search in respect of marketability right of the Vendor
of the aforesaid property and if any dispute arises in future in respect of
the title of the said flat then the Vendor shall bound to clear the same.
6. The Vendor shall co-operate in every manner with the Purchasers in every
respect and / or in case of mutation in respect of the said flat in the name
of the Purchasers in the local Municipal Authority after registration and the
Vendor shall also co-operate with the Purchasers to change the name of the
existing electric meter in the name of the Purchaser.
7. That the Purchasers may take loan from any financial institution or any
Bank or any other authority or authorities for purchasing the said flat and
in that case the Vendor will help the Purchasers by putting his signature
on requisite papers and / or documents and by supplying the necessary
papers, required for loan directly in the Purchasers as early as possible by
him.
8. The Purchasers must be the member of the Association of the flat owners
which is already formed by the other' flat owners of the said building and
the Purchasers shall abide by all the bye laws, rules and regulations
adopted by such Association and be liable for payment of proportionate
share of common expenses and the monthly SUbscription in respect of his
unit.
9. The Purchasers shall not use the flat in such manner which mayor is
likely to cause nuisance or annoyance to the occupation of other. flat
owners or the neighbors and shall not use the same for any illegal or
immoral purpose.
10. The Purchasers shall not throw or 'accumulate any dirt, rubbish, rages or
any refuses in the common area of the building and will not obstruct the
common areas by way of storing any materials in the common areas and
shall use the common areas properly.
 THE FIRST SCHEDULE ABOVE REFERRED TO
(Entire Building JProperty)
piece an parcel of .and measuring an area 5 (five) Cottahs 10
te Chi ks ~ one q.ft. more or less together with multi storied
building standing thereon lying and being the divided eastern portion out of
9 (nine) Cottahs 9 (nine) Chittacks 32 (thirty two) sq.ft more or less of land
present Municipal Holding No.982, Bangur Avenue, Circle No.8, Ward no.
29 under jurisdiction of south Dura Dum Municipality being Khatian
No.819, C.S. Plot No.1260 being Khatian No.775, C.S.Plot No. 1254 and
Khatian No.768, V.D. Plot No.1253, J.L. No. 17, R.S. No.180 ,Touzi 0.228
and 229, Mouza - Krishnapar, Additional District sub-Registration office at
Bidhannagar (salt Lake City), P.S. Lake Town in the District of North 24-
Parganas.

THE SECOND SCHEDULE ABOVE REFERRED TO:

(Flat herein conveyed)

ALL THAT Flat being No.4-A, on the Fourth Floor, measuring super built

up area 1170 sq.ft more or less consisting of Three Bed Rooms, One

Kitchen, One Living-cum- Dinning space, Two Toilets and one Balcony of a

multi-storied building together with the proportionate undivided interest or

share on the land along with proportionate rights on all common areas and

facilities of one G+4 storied building together with proportionate undivided

interest or share on the land along with all proportionate rights on all

common areas and facilities of the building, which is constructed on the

premises mentioned 'in the First schedule hereinafter written together

with right to use the" common areas and facilities of the said building

North: Municipal Road

South: Six Storied Building
East: Plot No. 279/2, Block "B" Bangur Avenue
West: Plot No. 279/1, Block "B" Bangur Avenue(Singhi House)
 ....••..•..
·THE THIRD SCHEDULE ABOVE REFERRE TO
(Common Areas and Facilities)

1) Staircase and landings on a:: the floors.

2) Common passage and lobby on the Ground Floor

3) Water pump, water tanks, the water pipes and other common Passage, plumbing
installation.

4) Electrical wiring and Meter.

5) Drainage and sewers.

6) Boundary \ -aIls CLTld

main gates.

7) uc other common parts, equipments, installations, fixtures, fittings.

THE FOURTH SCHEDULE ABOVE REFERRED TO :

(Common on Expenses)

1. All costs of maintenance, operating, replacing , white washing painting

re-building reconstructing, re decorating and lighting the common parts
and also the other walls on the building and parking space.

2. The salaries of all the person employed for the said purpose.

3. Insurance premium for insurance the building against earth-quake, fire,

lighting, mob, violence, civil commotion, damage etc.

4. Municipality taxes, four-storied building tax other outgoings save those

separately assessed on the respective flats / units.

5. All charges and deposits for suppliers of common facilities and utilities

6. Costs and charges of establishment for maintenance of the building and

for watch and ward staff

7. All litigation expenses for protecting the title of the land with building

8. The office expenses incurred for maintaining the office for common
expenses

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9. All expenses mentioned as above shall be proportionately borne by the
Co-purchaser on and from the date of taking charges and occupation of
their respective units.

IN WITNESS WHEREOF the parties have hereunto put their signatures

on the day month and year first above written.

Witness:

1.
" \\~~
SIGNATURE OF THE VENDOR

2. SIGNATURE OF THE PURCHASERS

 RECEIPT

RECEIVED a R .::',01 OOOj-(RupeesOne Lac One Thousand} only as an advance

o ~ cf me total consideration of Rs. 30 OO,OOOj-(RupeesThirty Lac} only as per the
term 0- tne e presents as per the memorandum of consideration below:

MEMORANDUM OF CONSIDERATION

Cash/Ch~e Date Bank & Branch Name Amount

No.

Total Rs. :

(Rupees One Lac One Thousand) only

WITNESSES:

l.

2.
SIGNATURE OF THE VENDOR