1

20998

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE made on this

day of April , 2013, BETWEEN

SRI SUDHIR CHANDRA MONDAL, son of Late Pashupati Mondal, by faith-Hindu, by

occupation Retired person , residing permanently at Tentulberia, Post Office Garia, P.S.
Sonarpur, Kolkata-700084, hereinafter called and referred to as the OWNER (which
expression shall unless excluded by or repugnant to the subject or context be deemed to mean and
include their respective heirs, executors, administrators, legal representatives and/or assigns or
nominee) of the FIRST PART.

AND
INDRANIL CHAKRABORTY son of Sri Manik Chakraborty, residing at Sreepally 1 st
Lane, Patta, P.O. Bengal Enamel, District : 24-Parganas (N), Pin-743122, W.B., Phone no.
9433166356, hereinafter called and referred to as the PURCHASER (which 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 or nominee) of the SECOND PART.

AND
M/S. DEEP CONSTRUCTION, a partnership firm having its registered office at 14,
Madhya Balia, Garia, Kolkata-700084, represented by its partners, namely (1) SMT.
SAGORIKA SARKAR, wife of Sri Debabrata Sarkar, residing at Balia, under ward no. 01,
Post Office-Garia, Police Station-Sonarpur, KolkataDistrict South 24 Parganas and (2)
SRI SAILEN MONDAL, son of Late Amritlal Mondal residing at Kalitala, Garia, Police
Station-Sonarpur, Kolkata-84, District : South 24-Parganas both by faith Hindu, Hindu, by
occupation-Business, hereinafter called and referred to as the DEVELOPER/
CONFIRMING PARTY (which terms or expressions shall, unless excluded by

or

repugnant to the subject or context, be deemed to mean and include its/their heirs,
executors administrators, legal representatives, successor-in-interest in office and assigns)
of the THIRD PART.
WHEREAS the party of the first part is the absolute owner in respect of all that piece and parcel of
Bastu land measuring 5 cottahs be the same a little more or less, and structure thereon having
holding no. 420, Tenulberia of Ward No. 6 of the Rajpur-Sonarpur Municipality, lying situate at and

comprised in L.R. Dag No. 1044 appertaining to R.S. Khatian No. 2225 corresponding to R.S.
269/1028 appertaining to R.S. Khatian No. 383 of Mouza Tentulberia, J.L. No. 44, Revenue
Sureny No. 8, Touzi No. 271, Parganas-Medanmallo, Police Station-Sonarpur, District South 24Parganas.
AND WHEREAS as the party of the first part and the party of the third part both have entered into
a development agreement on 08/12/2010 to constructor building in the first schedule premises.
AND WHEREAS in terms of the said development agreement the developer confirming party has
completed the building to the extent of seventy percent and the developer will handover the
possession of the flat and the other allocation within August 2013.
AND WHEREAS the present owner is entitled to get one complete flat measuring about 1163 sq.
ft. super built up area on the second floor southern facing and one car parking space measuring
about 140 sq. ft. in the ground floor in the said newly constructed building in the first scheduled
premises.
AND WHEREAS now due to urgent need of money the present owner has decided and agreed to
sale in respect of all that one complete flat measuring about 1163 sq. ft. super built up area on the
second floor southern facing and one car parking space measuring about 140 sq. ft. in the ground
floor in the said newly constructed building in the first scheduled premises together with undivided
proportionate share of the land in the first scheduled premises at a total consideration price of Rs.
36, 50, 000/- free from all encumbrances, charges, lien, lispendens etc. as fully described and
mentioned in the first schedule written hereunder.
AND WHEREAS due to urgent need of accommodation, the purchaser has requested the owner to
sale the said second floor flat southern facing measuring about 1163 sq. ft. super built up area and
one car parking space measuring about 140 sq. ft on the side in the ground floor with
undivided proportionate impartiable share in the land of the said building of the said first A
Schedule premises at a total consideration price of Rs. 36, 50, 000/- free from all encumbrances,
charges, lien, lispendens etc. as fully described and mentioned in the first schedule written
hereunder.
AND WHEREAS the owner has agreed to sale and transfer the second floor towards southern
facing flat measuring about 1163 sq. ft. super built up area and one car parking space measuring
about 140 sq. ft. on the . Side in the ground floor with undivided proportionate impartiable
share in the land of the said building of the said A Schedule premises, at a total consideration
price of the flat and car parking space is rupees Rs. 36, 50, 000/- lakhs as fully described and
mentioned in the schedule B written hereunder free from all encumbrances, charges, liens and
lispendence etc with all common right and facilities.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED

BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :1.

The owner has started construction of a new three storied building in the A Schedule

premises.
2. The total consideration price of the schedule B flat and car parking space is Rs. 36, 50, 000/lakhs for the entire flat and car parking space including proportionate undivided impartiable share
of the land in the A schedule premises together with all common rights and facilities available in
the said premises.
3. On the date of execution of this agreement the purchaser has agreed to pay Rs. 20,000/- only
to the owner as part consideration and the balance consideration will be paid by the purchaser to
the owner in the following manner :
Within . Rs. ..
Within ..Rs.
Within.Rs
At the time of final registration
Of the sale deedRs.
4.

The owner will handover the schedule B flat and car parking space to the purchaser before

final registration and execution of the sale deed.

5. The owner shall cause the sale and transfer to be completed by the owner in respect of the said
flat before handing over the possession and final registration.
6.

If the owner fails to make marketable title to the said flat free from all encumbrances for

completing the sale then the Purchaser shall be at liberty to rescind this contract and in such case
the owner shall refund the entire earnest money to the purchaser herein.
7. The Purchaser shall pay the necessary charges for the entire extra work in respect of the second
schedule B flat and car parking space beyond the works as mentioned in the specification of the
development agreement.
8. Under no circumstances, the owner is liable to hand over the possession of the second schedule
B flat and car parking space until and unless all the payments required to be made have duly been
paid to the owner by the Purchaser.

9.

That during the existence of this agreement for sale the owner shall not change the second

schedule B flat and car parking space in any way or try to sale it to any other person or encumber
if in any way.
10.

The Purchaser shall bear the entire cost, expenses, charges for stamp duty, Registration

charges, and other charges for the deed of conveyance in respect of the second schedule B flat and
car parking space.
11.

All open spaces, side space, side passage, boundary wall, roof, lobbies, stair case, landing,

ultimate terrace, septic tank, water reservoir and amenities attached to the premises will remain the
property of the Purchaser jointly with other Purchasers or co-owners of the premises.
12. Not to store inside the flat any goods which are hazardous, combustible, dangerous and very
heavy which may cause damage to the building.
13.

Shall not assign or transfer their right or interest in the said flat or those derived under this

agreement until full payment is made to the owners and after observing the terms and conditions of
this agreement.
14. The purchaser will pay the necessary common expenses in respect of the second schedule B
flat and car parking space proportionately along with other co-owners.
15. The purchaser shall be entitled to use the said flat and car parking space for residential
purpose.
16. The owner undertake to execute the sale deed in favour of the present purchaser in respect of
the second schedule B flat and car parking space within August 2013, in default the owner shall
be bound to refund the entire consideration amount along with 15% interest to the present
purchaser. If necessary, the time may be extended for another one month on mutual consent.

FIRST SCHEDULE A ABOVE REFERRED TO

ALL THAT all that piece and parcel of Bastu land measuring 5 cottahs be the same a little more or
less, and structure thereon having holding no. 420, Tenulberia of Ward No. 6 of the RajpurSonarpur Municipality, lying situate at and comprised in L.R. Dag No. 1044 appertaining to R.S.
Khatian No. 2225 corresponding to R.S. 269/1028 appertaining to R.S. Khatian No. 383 of Mouza
Tentulberia, J.L. No. 44, Revenue Sureny No. 8, Touzi No. 271, Parganas-Medanmallo, Police
Station-Sonarpur, District South 24-Parganas, is butted and bounded as follows :On the North

: Pond of Late Biswanath Naskar,

On the South

: 29 feet wide road,

On the East

: Parichay Apartment,

On the West

: Land of Ashish Chakraborty.

SCHEDULE B ABOVE REFERRED TO

ALL THAT one complete flat on the second floor facing southern facing flat measuring about
1163 sq. feet super built area and one car parking space measuring 140 sq.ft. on the .
side in the ground floor of the said newly constructed building lying and situated at in L.R. Dag
No. 1044 appertaining to R.S. Khatian No. 2225 corresponding to R.S. 269/1028 appertaining to
R.S. Khatian No. 383 of Mouza Tentulberia, J.L. No. 44, Revenue Sureny No. 8, Touzi No. 271,
Parganas-Medanmallo, Police Station-Sonarpur, District South 24-Parganas, together with
proportionate share of the land in the said premises along with common rights in the common area,
stair case, entrance facilities, lobbies, lobbies, terraces, septic tank, water reservoir and amenities
attached to the premises, being portion of the said building to be erected on the land described in
the first Schedule A premises together with all common rights and facilities available in the said
premises.
MEMO OF CONSIDERATION
RECEIVED on and from the within named PURCHASER by the under signed owners a sum of
20,000/- (twenty thousand) only as part consideration amount as per memo below :i) By Cheque no. .. dated
drawn on

Rs. 20,000/-------------------------------Total Rs. 20,000/(Rupees twenty thousand ) only

Signature of the OWNER

WITNESSESS :-

1.

2.

IN WITNESS WHEREOF the Parties hereto have set and subscribed their respective hand and
seal the day, month and year first above written.
SIGNED, SEALED & DELIVERED
at Kolkata in the presence of :WITNESSES
1.

2.

Signature of the OWNER

Signature of the PURCHASER

Signature of the DEVELOPER

Drafted by me,
S.S.Chowdhury
Advocate

represented by (1) Smt. Sagorika Sarkar, wife of Sri Debabrata Sarkar, residing at Balia,
Under ward no. 01, Post Office-Garia, Police Station-Sonarpur, District-South 24-Parganas
(Kolkata-70084) and (2) Sri Sailen Mondal, son of Late Amritlal Mondal residing at
Kalitala, Garia, Police Station-Sonarpur, Kolkata-700084, District South 24-Parganas ,
by register power of attorney dated 10.12.2010 duly register in the office of A.D.S.R.
Sonarpur, Registered in Book No. IV, C.D. Volume no. 4 , Page from 3176 to 3185, being
no. 02380 for the year 20120