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Final AGREEMENT FOR SALE
Final AGREEMENT FOR SALE
BETWEEN
DEBKUMAR GHOSH (PAN No. AIEPG0349L) (Aadhaar No. 8879 5744 1426) s/o
late Tarapada Ghosh, by Faith Hindu, by Nationality -Indian, by occupation-
Business, residing at 16A, Akrur Dutta Lane, P.S. -Muchipara, Kolkata-700012,
herein after called and or referred to as VENDOR (which term or expression shall
unless otherwise excluded by or repugnant to the context be deemed to mean and
include his heirs, executors, executrix, legal representatives successors and
assigns) of the FIRST PART.
AND
(7453 1256 3797) s/o Late Bhagbat chandra adhilkary, by Faith Hindu, by
Nationality-Indian, by Occupation-Service, AND 2) SMT. SUJATA DAS nee
ADHIKARY (PAN No. AFSPD6300B) (Aadhaar No. 7529 5813 3934), wife of
Dr. Satya Smaran Adhikary, by Faith- Hindu, by Nationality- Indian, by
Occupation-Service, both as couple residing at 7/A, Annada Neogi Lane, P.S.-
Shyampukur, Kolkata-700003 herein after referred, and /or called to as
PURCHASERS( which term or expression shall unless otherwise excluded by or
repugnant to the context be deemed to mean and exclude their heirs, executors,
legal representatives, successors and assigns) as the SECOND PART.
WHEREAS the said Debkumar Ghosh being executor no.2 cum Beneficiary along
with Kartick chandra Das of the last will of Rajlakshmi Neogi dated 21.05.2004
where the original probate case no. 3/2011 i.e OC-10/2012 in the city civil court,
Calcutta and likely to obtain from grant of probate pending before the Hon'ble
high court in probate appeal no. FAT 473/2016 for her undivided 50% share of the
three 100 years old tenanted building holding no. 7/A, Annada Neogi Lane,
Kolkata-700003 and 7/D Ramkrishna Lane & 7/E Ramkrishna Lane, Kolkata-
700003.
AND WHEREAS premises No. 7/A, Annada Neogi Lane, Kolkata-700003 is fully
tenanted 100 years old building of an land area 1284 sq.ft and structure area 1080
sq.ft bearing two storyed building still standing therein.
AND WHEREAS premises No.7/E, Ramkrishna Lane is fully tenanted 100 years old
building of area about 700 sq.ft land with structure bearing three storyed building.
AND WHEREAS the said DEBKUMAR GHOSH being executor cum Beneficiary of
the said registered will, shall become undivided 25% share holder of the above
mentioned three properties after obtaining probate pending before the Hon'ble high
(3)
court, Calcutta being appeal no. FAT. 473/2016 arising out of original probate
application no.3/2011 i.e OC-10/2012 in the probate proceeding court, Calcutta.
The description of 25% undivided share of land with structure of the above mentioned
three buildings is more fully described in the schedule hereunder written along with this
agreement.
AND WHEREAS the above mentioned three properties are fully tenanted and and
the VENDOR/EXECUTOR Debkumar GHosh having no room in possession
among any of the three buildings and due to dire necessity of finance and there is a
good marketable price, desire to sell the same for a good marketable price of Rupees
20,00,000/-(Twenty lakhs only) and the purchaser herein being in possession in
one building among the three buildings, has agreed to purchase the said undivided 25%
share if land with structure of the above mentioned three properties by making this
agreement for sale upon the terms and conditions as given in the schedule hereunder
below:
1. That the FIRST PART, DEBKUMAR GHOSH has agreed to transfer his
25% undivided share of land with structure of the three tenanted premises
(undivided 25% share of 7/A, Annada Neogi Lane, kolkata-700003, land
with structure, 25% undivided share of 7/D, Ramkrishna Lane, kolkata-
700003 land with structure, and undivided 25% share 7/, Ramkrishna Lane,
kolkata-700003, land with structure) which will be obtained by grant of
probate of the last registered will executed by Rajlakshmi Neogi dated
21.05.04 for her undivided 1/2 share of the above mentioned three
properties, pending before the Hon'ble high court, Calcutta vide appeal no.
FAT 473/2016 arising out of probate application no.03/2011 arising out of
OC 10/2012 in the city civil court, Calcutta wherein Debkumar GHosh is the
Executor no.2 of the last registered will pending for probate before the
Hon'ble high court and Where I, DEBKUMAR GHOSH, render whole
heartedly for grant of of probate of the said will by not giving any objection
in any manner
be obtained from grant of probate from Hon'ble high court or any other
probate proceeding court, Calcutta for the last registered will dated
21.05.2004 executed by Rajlakshmi Neogi where the FIRST PART,
DEBKUMAR GHOSH is Executor no.2 cum Beneficiary of the three
tenanted properties.
8. That the FIRST PART/DEBKUMAR GHOSH will take all initiatives with
the SECOND PART/SATYA SMARAN ADHIKARY and SUJATA
ADHIKARY along with other Executor no.1/KARTICK CHANDRA DAS to
obtain probate from Hon'ble high court or any other probate proceeding
court, Calcutta by grant of pending probate appeal or by Fresh probate
application whichever will be required as per direction of court of law.
10. That the FIRST PART//DEBKUMAR GHOSH not entitled to file any type
of case/cases(civil/criminal) before any court of law for these three properties
above mentioned against the SECOND PART/SATYA SMARAN
ADHILKARY and SUJATA ADHIKARY, if filed all that cases will be vacated
without trial by the Learned judge/judges of any court.
11. That the FIRST PART/DEBKUMAR GHOSH render whole heartedly to co-
operate in all issues with the SECOND PART/SATYA SMARAN ADHIKARY
& SUJATA ADHIKARY to transfer the above mentioned property share of the
FIRST PART from the date of obtaining probate from Hon'ble high court or from
other probate proceeding court in Calcutta within 45 days.
12. That the above mentioned advance consideration money will be paid by Bank
transfer by SECOND PART/SATYA SMARAN ADHILKARY & SUJATA
ADHIKARY to the FIRST PART/DEBKUMAR GHOSH for the above
mentioned share of properties and the rest consideration money will be paid by
Bank transfer on the date of registration of sale deed by FIRST PART/
(6)
Witnesses at Kolkata
MEMO OF CONSIDERATION
The SECOND PART will give three lakh rupees(Rs.3,00,000/-) to the First
Part as advance money among the total consideration money by
Draft/cheque on the date of registration of this agreement.The rest
seventeen lakh rupees(Rs. 17,00,000/-) of consideration money will be paid
on the date of registration of transfer of 25% share of the three undivided
properties of land with structure of the three premises morefully described
in the schedule of this agreement hereunder.
SCHEDULE OF PROPERTY
wherein 25% share of landed property including 25% share of old two storied
and three storied building of the three premises as follows :
Land & Structure Area of Premises No. 7A :
Premises No. Land Area Share of Land area
7A Annada Neogi Lane, 1 Cottah 12 25% of 1284 sq.ft. =
Baghbazar, Police Station – chattak,14 321 sq.ft.
Shyampukur, Kolkata – 700 sq.ft.=1284
003
(10)
AND WHEREAS the total land area of the said 3 premises of 7A, 7D & 7E = 4
cottah. (1 K 12 Ch.14 sq. ft. + 1 K 4 Ch + 1 K 4 Ch = 4 Cottah 4 chatak &
14 sq.ft.= 3074Sqft.
AND WHEREAS the First Part has agreed to sell and the Purchasers/Second
Part jointly agreed to purchase ALL THAT piece and parcel of 25% share of
the Land & Structure Area of Premises No. 7A :
(11)
(12)
two three storied building area about 525 sqft. super built up area
out of 2100 sqft. of three storied super built up area respectively
standing thereupon, lying and situated at Premises No. 7A
Annada Neogi Lane, Baghbazar, P.S. Shyampukur, Kolkata –
700 003 under Kolkata Municipal Corporation, Ward No. 7,
where in two storied building and Premises No. 7D, Ramkrishna
Lane, Baghbazar, P.S. Shyampukur, Kolkata – 700 003 under
Kolkata Municipal Corporation, Ward No. 7, and where in
another three storied building Premises No. 7E, Ramkrishna
Lane, Baghbazar, P.S. Shyampukur, Kolkata – 700 003 under
Kolkata Municipal Corporation, Ward No. 7, standing thereupon
about 525 sqft. super built up area out of 2100 sqft., are the sold
property of 25% share of entire land & building property of it which
is clearly delineated with RED border line in the Sketch Map or
Plan and it is annexed hereto:-
The said property is butted and bounded as follows :
1) Premises No. 7A :
ON THE NORTH : House of Shibnath Neogi
ON THE SOUTH : 10 ft.wide Annada Neogi Lane
ON THE EAST : 10ft wide Ramkrishna Lane
ON THE WEST : 7A/1,Premises,House of Pijush Kanti
Chowdhury
(14)
2) Premises No. 7D :
ON THE NORTH : 7E, Ramkrishna Lane Premises
ON THE SOUTH : 7C, Ramkrishna Lane Premises
ON THE EAST : 10 ft. Wide Ramkrishna Lane
ON THE WEST : House of Makhanlal Sarkar.
2) Premises No. 7E :
ON THE NORTH : 10 ft. Wide Durga Charan Mukherjee
Street
ON THE SOUTH : 7D Ramkrishna Lane Premises
ON THE EAST : 10 Wide Ramkrishna Lane
ON THE WEST : House of Makhanlal Sarkar.
And whereas the said vendor/First Part has paid the all tax or taxes
and or rent or rents to the local authority being as owner for the
said sold property (land with structure) mentioned above.