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AGREEMENT TO SELL WITHOUT POSSESSION

THIS AGREEMENT TO SELL WITHOUT POSSESSION is executed on

this the 19th day of May, 2022 (Two Thousand and twenty two).

BETWEEN
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(1) ANIL KUMAR ROY, (PAN.AQFPR6465B), son of Late Nand Kishore

Mehra, having AADHAAR NO 7117 8873 3418 by faith Hindu, by

occupation Business, residing at 113, New Colony, Panihati, Police

Station Khardah, Post Office Panihati, Kolkata -700114, AND

(2) MOUNI ROY, (PAN.BDRPR7341J) wife of Anil Kumar Roy having

AADHAAR NO 2829 0944 8444 by faith Hindu, by occupation

Homemaker, residing at 113, New Colony, Panihati, Police Station

Khardah, Post Office Panihati, Kolkata -700114, hereinafter referred to

as the VENDORS (which term or expression unless excluded by or

repugnant to the context shall mean and include his legal heirs, legal

representatives, administrator and assign of the FIRST PART.

AND

(1) SURAJ CHAKRABORTY, (PAN.AQPDC0805E), Son of Bapi

Chakraborty, having AADHAAR NO.8024 1444 3350, by faith

Hinduism, by occupation - Business, residing at 4, Umacharan

Chatterrjee Road, Pnaihati (m) North 24 Paraganas, West Bengal

700114, AND (2) JHUMA CHAKRABORTY (PAN.AQPDC0805E),

Wife of Suraj Chakraborty, having AADHAAR NO.2888 8748 8349, by

faith Hinduism, by occupation –Homemaker, residing at 4, Umacharan

Chatterrjee Road, Pnaihati (m) North 24 Paraganas, West Bengal

700114, hereinafter referred to the PURCHASERS (which expression

shall unless exclude by or repugnant to the context be deemed to mean

and include his legal heirs, executors,legal representatives, assigns,

nominee and nominees) of the OTHER PART.

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The expression of the terms the 'OWNER/VENDOR' , and the

'PURCHASER' wherever they occur in the body of this Agreement to
Sell, shall mean and include them, their legal heirs, successors, legal
representatives, administrators, executors, transferee, beneficiaries,
legatee, probatee, nominees and assignees.

AND WHEREAS the VENDOR for his bonafide needs and

requirements have agreed to sell, convey, transfer and assign to the
Purchaser.

AND WHEREAS The Vendors herein are thus the Owners of the
Scheduled Property and are seized and possessed of the Scheduled
Property.

AND WHEREAS The Vendors herein have agreed to sell the

Scheduled Property and the Purchaser herein has agreed to purchase
the Scheduled Property at an agreed consideration and on terms and
conditions as appearing hereinafter and along with proportionate,
undivided, indivisible and impartible ownership rights in the said
Property with all rights and interest, easements, privileges and
appurtenances thereto, with all fittings, fixtures, electricity and water
connections, structure standing thereon, with all rights in common
driveway, entrances, passages, staircase and other common facilities
and amenities provided therein, ALL THAT the piece and parcel of
land measuring 2cottahs together with G+ 1 storied building
measuring about 1268 SqFt. Covered area along with a Shop Room,
Cemented floor measuring 120 Sq. Ft. in said premises and
attributable to the said suite situated at Municipal premises Aswini
Dutta Road Kolkata 700114 comprised in Holding No. 82 (OLD)
21 ( NEW) 107, Block No. XV in the South Division of the Kolkata,
Police Station: Park Street hereinafter referred to as "THE SAID
PROPERTY" for a total sale consideration of the sum of Rs.
64,00,000/- (Rupees Sixty Five Lacs Only )
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NOW THIS AGREEMENT TO SELL WITHOUT POSSESSION

WITNESSETH AS UNDER :-

1. That in consideration of the sum of Rs.1,25,00,000/- (Rupees

One Crore Twenty Five Lacs Only (a sum of Rs 1,25,000/-
being 1% of the said consideration amount will be deducted as
tax at source and will be deposited the credit of the
Vendors),out of which a sum of Rs. 12,00,000/- (Rupees Twelve
Lakh Only) , as advance money has been received by the
VENDOR from the PURCHASER, in the following manner :
a) the receipt of which the VENDOR hereby admits and
acknowledges and
b) the remaining balance sum of Rs. 1,11,75,000/- (Rupees One
Crore Eleven Lakh Seventy Five Thousand Only), will be
received by the VENDOR from the PURCHASER, (after the
deduction of TDS THAT is 1% of the said consideration
amount ) at the time of registration of the Sale Deed.

2. The VENDOR do hereby agree to grant, convey, sell, transfer

and assign all his rights and interests in the said portion of the
said property, fully described IN SCHEDULE B,together with
proportionate undivided, indivisible and impartible ownership
rights in the freehold land underneath the said building to the
PURCHASER, on the terms and conditions herein contained
provided that nothing herein stated shall confer or deemed to
have conferred upon the PURCHASER exclusively any right or
title to the common driveway, passages, staircase, overhead
water tanks, sewers, water meters and other common facilities
to the exclusion of the VENDOR and or the PURCHASER or
owners or occupants of the other units of the said building.

3. That the actual physical vacant possession of the said portion of

the said property will be delivered by the VENDOR to the
PURCHASER, at the time of the registration of the Sale Deed,
after receiving the full consideration.

4. That this agreement is subject to finance and it is conditional

upon the purchaser obtaining approval in writing of finance for
the purchase of the property:(i) in accordance with this clause;
and

5. (ii) by the date specified and as otherwise particularised in

the schedule to this clause (the Schedule).
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6. (b) This clause is for the benefit of the purchaser, who may
waive the benefit of it by serving notice to that effect at any time

7. That on or before 01st AUGUST, 2022 the VENDOR will execute

and get the Sale Deed of the said portion of the said property
registered, in favour of the PURCHASER, on receipt of the full
and final balance amount, failing which either party shall be
entitled to get the Sale Deed registered through the court of law
by SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost
and expenses of the defaulting party and in this respect time
shall be deemed as essence of this contract.

8. That the VENDOR hereby assures the PURCHASER that the

VENDOR has neither done nor been party to any act whereby
the VENDORright and title to the said portion of the said
property may in any way be impaired or whereby the VENDOR
may be prevented from transferring the said portion of the said
property.

9. That the VENDOR hereby declares and represents that the said
portion of the said property is not subject matter of any HUF
and that no part of the said portion of the said property is
owned by any minor.

10. That the VENDOR assures the Purchaserthat the said

portion of the said property is free from all kinds of
encumbrances such as prior Sale, Gift, Mortgage, Will, Trust,
Exchange, Lease, legal flaw, claims, prior Agreement to Sell,
Loan, Surety, Security, lien, court injunction, litigation, stay
order, notices, charges, family or religious dispute, acquisition,
attachment in the decree of any court, hypothecation, Income
Tax or Wealth Tax attachment or any other registered or
unregistered encumbrances whatsoever,

11. And if it is ever proved otherwise, or if the whole or any

part of the said portion of the said property is ever taken away
or goes out from the possession of the PURCHASER on account
of any legal defect in the ownership and title of the VENDOR
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then the VENDOR will be liable and responsible to make good

the loss suffered by the PURCHASER.

12. And keep the PURCHASER saved, harmless and

indemnified against all such losses and damages suffered by the
PURCHASER.

13. That the house tax, water and electricity charges and other
dues and demands if any payable in respect of the said portion
of the said property shall be paid by the VENDOR upto the date
of handing over the possession and thereafter the PURCHASER
will be responsible for the payment of the same.

14. That no common parts of the building shall be used by the

PURCHASER or other owners/occupants of the said building for
keeping/chaining pets, dogs, birds or for storage of cycles,
motor cycles nor the common passage shall be blocked in any
manner.

15. That the proportionate common maintenance charges will

be paid by all the occupants/owners of the said building in
proportion of the area occupied by them.

16. That the PURCHASER shall have full right of access

through staircase to the top terrace at all reasonable times to
get the overhead tank repaired/cleaned etc. and to install T.V.
Antenna.

17. That the PURCHASER shall have, as a matter of right,

right to use all entrances, passages, staircases and other
common facilities as are available in the said building.

18. That a separate electric meter and water meter have been
provided in the said building for the exclusive use of the
owner(s)/occupants of the said portion of the said property.

19. That in the event of the building being damaged or not

remaining in existence on any account whatsoever then the
PURCHASER shall have the proportionate rights in the land
alongwith other owners of the building and shall have the right
to raise construction in proportion to the one as now being sold
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conveyed and being transferred under this Agreement to Sell

Without Possession.

20. That the PURCHASER have full right to nominate or assign

this Agreement to Sell in favour of any person or persons, be it a
firm, body corporate or association of person and the VENDOR
shall have no objection to it.

21. That pending completion of the sale, the VENDORneither

shall enter into any agreement of sale in respect of the said
property or any part thereof nor shall create any charges,
mortgage, lien or any arrangement, in respect of the said
property in any manner whatsoever.

22. That the photostat copies of all relevant documents in

respect of the said property have been delivered by the VENDOR
to the PURCHASER.

23. That all the expenses of the Sale Deed viz. Stamp Duty,
Registration charges, etc. shall be borne and paid by the
PURCHASER.

24. That this transaction has taken place at KOLKATA As

such, CALCUTTA HIGH COURT shall have exclusive jurisdiction
to entertain any dispute arising out of or in any way touching or
concerning this Deed.

THE SCHEDULE "A" ABOVE REFERRED TO

ALL THAT storied building upon the plot of land ALL THAT piece or

parcel or revenue free land comprising an area of 17 cottahs 10

chittacks and 41 sq. ft. by measurement situate lying at and being

the southern portion of premises No.61, Park Street now renumberd

as 61A, Park Street in the town of Calcutta comprised in Holding No.

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107 Block No. XV in the South Division of the town of Calcutta and

that is to say on and butted and bounded as follows:

ON THE NORTH : Partly by premises No. 41A to 41B,

Free School Street and partly by the

portion of No.61, Park Street

ON THE SOUTH : Premises No.59 Park Street and

partly by the private passage

and partly by the premises No.63,

67 and 65, Park Street

ON THE EAST : Partly by a portion of premises No. 61,

Park Street, and partly by the common

passage 14 Feet width Lane

ON THE WEST : Partly by premises Nos. 41A to 41B

Free School Street and partly by

premises No.59, Park Street.

THE SCHEDULE "B" ABOVE REFERRED TO

ALL THAT SUITE NO. 65 for residential use FLAT, situated on the

6th floor of the building commonly known as "AMBASSADOR

APARTMENT OWNER ASSOCIATION". by measurement an area of

1200 (twelve hundred) sq. ft.(Carpet area), at the ground floor of the

said building known as 'Ambassador Apartments' be the same a little

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more or less Together with the proportionate undivided share in the

land underneath the building comprised in said premises and

attributable to the said suite situated at Municipal premises No 61A,

Park Street, Kolkata - 700016, comprised in Holding No. 107, Block

No. XV in the South Division of the Calcutta, Consisting of Bed Room,

Dining cum Kitchen, Toilet, Tiles flooring together with undivided

proportionate impartible share and interest in the land beneath the

multi-storied building of the Schedule - A hereinabove. PROVISION FOR

LIFT. Police Station: Park Street. Registration Office: Kolkata.

BUTTED BOUNDARY :

ON THE NORTH : Premise No 61b;

ON THE SOUTH : 15 Ft. Wide Common Passages;

ON THE EAST : Park Mansion;

ON THE WEST : Premise No.61.

THE SCHEDULE "C" ABOVE REFERRED TO

P A R T -I

(COMMON PARTS/PORTIONS)

1. Entrance and exit of the building.

2. Boundary walls and Main Gate.

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3. All drainage and sewerage lines and other installations (except

only those installed within the exclusive area of any flat and/or

exclusively for its use)

4. Stair-case, lobbies on all the floors.

5. Electric sub-station and electrical wiring and other fittings

(excluding only those installed within the exclusive area of any

flat and/or exclusively for its use).

6. Water pump, water pump space, underground water reservoir,

overhead water tank, together with all common plumbing

installations for carriage of water (save only those exclusively

within and for the exclusive use of any flat)

7. Such other common parts, areas, equipments, installations,

fittings, fixtures and spaces in or about the land and the Building

as may be necessary for passage to and/or user the units in

common by the Co-owners.

P A R T -I I

(COMMON EXPENSES)

1. All costs of maintenance, operation, replacing, repairing, white

washing,painting, decorating, re-decorating, re-building, re-

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constructing, lighting the common portions and the common

areas of the said Building including the other walls.

2. The salary of all persons, employed for the common purpose

includingDurwans, Security Personnel, Sweepers, Electricians

etc.

3. Insurance premium for insuring the Building, if any.

4. All charges and deposits for supplies of common utilities to the

Building and/or the premises.

5. Whatsoever rents of Taxes by Municipality Taxes and Rents,

Multistoried Building Tax, Water Tax and other levies in

respect of the land and the said Building save those separately

assessed on the Purchaser " flat.

6. Cost of running, maintaining, repairs and replacement of

transformers, pumps and other common installations including

its license fees, taxes and other levies, if any.

7. Electricity charges for the electrical energy consumed for the

operation of the common services.

8. All other taxes, expenses, rates and other levies, etc. as

may benecessary or incidental or liable to be paid by the flat

owners in common including such account as may be fixed for

creating a fund for replacement, renovation, painting arid/or

periodic repairing of the common portions.

9. All expenses as above are to be paid by all the flat owners

proportionately in contemplation with their respective quantum

of area of the flat.

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IN WITNESS WHEREOF the parties hereto have set and

subscribed their respective hands and seals on the day month and

year first above written.

SIGNED, AND DELIVEREDin the

presence of :

1.

__________________________________

Signature of the Vendor

2.

__________________________________

Signature of the Purchaser

Identified & Drafted by,

SM Legal Associates

Advocates & Attorneys

Reg. Office- 61B, Park Street

NeelamAppt, Kolkata - 700016

Mb- +91 9007785087

Mail: smlegalassociates@outlook.com

MEMO OF CONSIDERATION

RECEIVED of and form the within named Purchaser the within mentioned
sum of Rs. 12,00,000/- (Rupees Twelve Lakh Only) being the Advance
Considerationhas been received by the VENDOR from the
PURCHASER, of as per memo given below :-

Cheque No/BRN No. Date Name of the Amount

Bank and
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Mode (Rs.)

ICICR52220114007977811 14/01/2022 ICICI BANK 10,00,000.00

RTGS Mode

ICICR52022012700664214 27/01/2022 ICICI BANK 2,00,000.00

RTGS Mode

-- 12,00,000.00

Total : 12,00,000.00

(Twelve Lakh Rupees only)

WITNESSES :

1.

__________________________________
Signature of the Vendor

2.

______________________________
Signature of the Purchaser