Beruflich Dokumente
Kultur Dokumente
Mr./Mrs./Ms.__________________________________________________________
Son/Daughter/Wife of _________________________________________________
Age _________________ years Resident of
_____________________________________________ Occupation
____________________Residential Status: Residential/Non-
Resident/Foreign National of Indian Origin _________________________
Income Tax Permanent Account No. ______________________ Ward/Circle
and place where assessed to Income Tax
___________________________________________________________________
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**JOINTLY WITH
** Mr./Mrs./Ms._______________________________________________________
Son/Daughter/Wife of _________________________________________________
Age _________________ years Resident of
________________________Occupation ____________________Residential
Status: Residential/Non-Resident/Foreign National of Indian Origin
_________________________ Income Tax Permanent Account No.
______________________ Ward/Circle and place where assessed to Income
Tax ___________________________________________________________________
OR
* * M/s. ________________________________________________ a partnership
firm duly registered under the Indian Partnership Act, 1932, having its
registered office at ______________________________________, represented
herewith through its partner authorized by resolution dated
________________________ Shri/ Smt. ____________________________________
(hereinafter referred to as the "LESSOR" which expression shall unless
repugnant to the context or meaning thereof be deemed to include all the
partners of the partnership firm and their legal heirs, legal
representative, administrators, executors, successors and permitted
assigns).
(Copy of the resolution signed by all Partners annexed herewith).
OR
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* * _______________________________________________________ a Company
registered under the Companies Act 1956, having its registered office at
_______________________________________________, through its duly
authorized signatory Shri/Smt. _____________ S/o ______________________
R/o _______________________ authorized by Board Resolution dated
___________________________________ (hereinafter referred to as the
"LESSOR" which expression shall unless repugnant to the context or
meaning thereof, be deemed to include its legal representative,
successors in business and permitted assigns).
(Copy of Board Resolution along with a certified copy of Memorandum
and Articles of Association annexed herewith).
(* * Delete whichever is not applicable)
AND
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DEFINITIONS
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“Effective Date” shall mean the date of this Agreement written
hereinabove;
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“Taxes” or “Taxation” shall mean any taxes, duties (including
stamp duties), excise, charges, fees, levies or other similar
assessments by or payable to a Governmental Authority in India,
including in relation to (a) income, services, gross receipts,
premium, immovable property, movable property, Assets,
profession, entry, capital gains, municipal, interest, expenditure,
imports, wealth, gift, sales, use, transfer, licensing, withholding,
employment, payroll and franchise taxes and (b) any interest, fines,
penalties, assessments, or additions to Tax resulting from,
attributable to or incurred in connection with any proceedings in
respect thereof;
Words of any gender are deemed to include those of the other gender;
Words using the singular or plural number also include the plural or
singular number, respectively;
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meanings;
Headings and bold typeface are only for convenience and shall be
ignored for the purposes of interpretation;
2. AND WHEREAS the Lessor agrees to provide to the Lessee the well
furnished Pent House marked as ___________, type ___________
situated in Block No. ____ of the premises and as described in detail
in the Schedule-C of this Agreement with its outline specification as
mentioned in Schedule–D to this Agreement
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3. AND WHEREAS the Lessee has taken the inspection of Title
documents of the Land and has satisfied himself and after seeing the
plans and specifications of the Premises including the proposed Pent
House to be built, is keen and ready to take on lease the said Pent
House for the purpose sub-leasing the same to a third party and
securing in the third party the beneficial enjoyment of the said Pent
House and other common parts of the said Premises, jointly along
with all the other such occupants without any ownership and as and
when it is constructed on the Terms & Conditions as settled
hereinafter.
4. AND WHEREAS the parties hereto are desirous of recording the terms
and conditions for the lease of the said property.
1. The Lessor hereby agrees to grant to the Lessee and the Lessee hereby
agrees to accept from the Lessor, the lease of the said Pent House
(outline specification of which has been mentioned in Schedule– D to
this Agreement) for the purpose of sub-leasing the same to a third
party to use and possess the said Pent House for beneficial enjoyment
and according to the plan, type _____ admeasuring 600 Sq. ft. super
built-up area in Block of the said premises situated at
_______________.
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Or (in accordance to the option chosen by penthouse owner)
3. The lease rent shall be paid every quarter after deduction of applicable
income tax, as the case may be, on 10th the next month. Any delay in
payment of lease rental shall attract interest @ 12% per annum.
4. The lease rent shall be paid by the Lessee to the Lessor through
banker’s cheques/ at par cheque payable at ________ in the name of
“_____________________________________”. The Lease rent shall be
inclusive of property taxes payable in respect of the said Pent House
but exclusive of the Service tax/ GST, as the case may be, which shall
be separately paid. The lease rent shall increase by _____ every
_____________ on last paid rent.
5. The Lessee shall have a sole discretion to decide the third party to
whom the penthouse shall be provided for short term assignment/
rent. The Lessee shall not be required to obtain any further
permission in respect of the same from the Lessor.
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the following :-
(a)
10. Taxes and Liabilities:- The lease rent payable by the Lessee shall
be inclusive of municipal taxes but shall not include Service tax at
applicable rate as per applicable laws for such use and occupation of
the said Pent House which shall be separately paid, subject to
deduction of tax at source by the Lessee under the relevant provisions
of the Income Tax laws as may be in force from time to time.
All rates, cesses and taxes which have accrued or may become due on
the said property up to date of handing over of possession whether
belonging to Central Government or State Government or local
authority will be borne and paid by the Lessor and if the Lessee is
required to pay any such sum after taking possession, the Lessor
shall reimburse the same to the Lessee & after the date of taking
possession, all taxes whether central/state shall be borne by the
Lessee proportionate to the area leased to him.
Any new tax, assessment, levy, duty, house tax and/or increment in
any present tax, assessment, cess, levy, duty, house tax imposed after
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the possession handed over to the Lessee and payable in respect of
the leased Property to Central Government, State Government,
JDA/Municipal Corporation or any other local authority or public
body shall be payable by the Lessee as and when they become payable
during the period of Lease.
13. AMENITIES: The Lessee shall pay all charges for electricity on the
basis of the meter reading for which purpose a separate electricity
meter pertaining to the said Pent House be installed by the Lessee
during the term of the Lease. The Lessee shall not be liable for any
such charges for the period prior to or after the expiry or earlier
termination of this Agreement. The Lessee shall also be entitled to
obtain telephone connections including leased lines, fax lines, telex
lines, VSAT’s, internet etc. the cost of which shall be borne by the
Lessee. The Lessor agrees that it shall cooperate and sign all
documents and papers in connection therewith. However, the
equipments shall be installed at the mutually agreed place.
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Lessee will keep and maintain the said property in good order and
condition and upon the termination of this Lease Agreement will hand
over to the Lessor vacant and peaceful possession and leave the said
Pent House in good condition as it was at the time handing over of the
property by the Lessor to the Lessee (reasonable wear and tear and
loss or damage by fire, rains, accident, irresistible force or Act God
excepted). All major repairs, including structural repairs, if required,
will be carried out by the Lessor at its own cost. If the Lessor fails to
carry out such major repairs after thirty business days notice being
given by the Lessee for such repair, the Lessee shall carry out such
repairs and deduct the cost of such repairs from the lease fee payable.
However, cost of all repairs caused on account of any negligence of the
Lessee, during the tenure of this Agreement, will be borne by the
Lessee. It is agreed by the Lessee that Lessor or its agents will be
entitled to enter into and upon the said Pent House at all reasonable
time for viewing the condition of the said Pent House or doing such
work or things as may be requisite or necessary for any repairs,
alterations, servicing or improvements to the said Pent House.
15. NUISANCE: The Lessee shall not do or permit to be done in the said
Pent House anything, which may be or become a nuisance to the
other occupants of the said premises. It is further agreed that the
Lessee will not obstruct or suffer to be obstructed the entrance hall,
door ways, passages, lifts, or staircase and the Lessee will not keep
goods or other things in the passage or outside of the said Pent
House.
16. PARKING: The said Premises has facility for parking of vehicles at
designated areas on common sharing basis with the other co-
occupants of the parts of the said Premises. The Lessor in no case
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shall be responsible for arranging any additional Parking facility in
the said Premises or anywhere outside the said Premises.
17. It is the express intention of the parties hereto that the Agreement
shall be mere Lease for the use and possession by the Lessee
restricted for the purpose of using the said Pent House on the terms
and conditions contained herein.
18. The Lessor shall not do anything to alienate or encumber the said
Pent House during the term of this Lease Agreement, which would
have the effect of harming the interest in any manner of the Lessee to
have vacant and peaceful use of the said Pent House during the
period of this Agreement.
19. The Lessor shall not do or omit or suffer to be done anything whereby
the Lessee’s right to use, occupy and enjoy the said Pent House
under or pursuant to this Agreement is forfeited or prejudicially
affected or extinguished.
20. The Lessor shall give to the Lessee duplicate keys of the main
entrance door in the said Pent House which the Lessee shall return to
the Lessor on the termination of this Agreement.
21. The Club House shall be managed and maintained by the __________
which shall be responsible for the management of Club as per the
best standards of the other similar clubs and provide all such
facilities which are usually provided in the similar clubs and shall
determine Annual Membership fees and user charges from time to
time. The ___________ shall also make the rules and regulations for
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use of club facilities and the Lessee undertakes to abide by such rules
and regulations and to pay annual membership fees and user charges
for using club facilities. The ____________ also reserves the right to
admit outsiders also as member of the club on such terms and
conditions as it may deem fit and proper. The Lessee shall be entitled
to become the member of this club on
___________________________________. However the member will be
required to fill membership registration form and pay annual
membership Fees and Fees for using various facilities of the Club.
23. That the said lease in the said premises shall be provided to the
Lessee only for the specified purpose of being used as Pent House for
the purpose of residence subject to the specific condition that the
Lessee shall have no right to use the said Pent House for the business
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of workshop, factory, bar, gambling house/lodging house, noisy,
offensive, obnoxious, immoral or for any illegal purposes. The Lessee
has further specifically agreed that he shall not himself use or permit
any other person to use the said Pent House for the purpose other
than that for which the said Pent House has been agreed to be
provided on lease to him. In the case of violation of this condition the
Lessor shall be entitled to take steps to enforce the conditions laid
down in this clause apart from the Lessor’s right to claim damages
from the Lessee and the right to take such other action or seek such
other legal remedy as the Lessor may decide for restraining the Lessee
from making a use prohibited by this Agreement.
24. The Lessee shall not any time demolish the structure of the pent
house or any part thereof nor at any time make or cause to be made
to any additions or alterations of whatever nature to the said space or
any part thereof.
25. The Lessee shall not be permitted the closing of verandah or balconies
or common passages or common corridors or staircase even if
particular floor/floors are occupied by the same party.
26. The Lessee shall not make any alterations in any elevations and
outside colour scheme of the exposed walls, of the verandah,
balconies, lounges or any external wall or both the faces of external
doors and windows of the space acquired by him, which in the
opinion of Lessor differ from the colour scheme of the said premises.
The Lessee shall have no right to make any new windows or opening
or the right to make any changes in the doors, walls, windows,
shutters and ventilators as may be provided in the said pent house.
27. Neither the Lessee nor the Occupier of the Pent House will put up any
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name or signboard, publicity or advertisement material, outside his
property or anywhere in the common areas without prior permission
of the Lessor or its nominee in writing.
28. The Lessee shall not decorate the exterior of the said pent house
otherwise than in the manner agreed to with Lessor or in the manner
as similar as may be in which the same was previously decorated.
29. The covenants herein agreed by the Lessee shall be binding and
enforceable against the occupier as far as possible. Further the terms
and conditions agreed by the Lessee under this agreement shall be
made legally binding on the occupier as part of the terms and
conditions between Lessee and the occupier.
30. The Lessee hereby agrees that he shall have no right to put or fix or
store any kind of thing, article or goods in the common passages,
corridors, projections, open compound or any other common place or
space in the said premises and the Lessor shall be entitled to remove
the same without giving any notice to the Lessee and to take them in
its custody at the risk and responsibility of the Lessee. The Lessee
shall be entitled to claim return of such goods, materials, packages or
things from the Lessor only on payment of removal and storage
charges fixed by the Lessor provided that such goods are claimed
within reasonable period and after the expiry of a reasonable period,
the Lessor shall have the authority to forfeit and/ or dispose of the
same without any notice or accountability to Lessee and no claim of
any sort whatsoever shall be made by the Lessee against the Lessor in
respect of such goods.
31. The Lessee agrees that he shall not hang from or attach to the beams
or rafters or put on floors any articles or machinery, which are heavy
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or can or are likely to affect endanger or damage the construction of
the premises. The Lessee shall not install any machinery, which may
create sound, or noise, which may in any manner cause damages or
injury to the building or any structure or portion thereof. The Lessee
further agrees the explosives combustibles articles or any other
articles (except Gas Cylinder) which are inflammable shall not be
stored by him under any circumstances in the said property, the
Lessee shall not be entitled to use any oven to be lit up with fire or to
use vapor lamps and /or similar appliances which may be deemed to
adversely affect the electrical installation in the building.
32. That the Lessee has agreed that he shall comply with and carry out
from time to time all the requirements, requisitions orders and
demands which are to be complied with under the orders of any
competent legal authority in respect of any matter of the said pent
house at his own cost and keep the Lessor indemnified, secured and
harmless against all cost and against all losses on account of non-
observance of the condition of this Agreement.
33. SUB- LEASE- The Lessee shall sublet, sub-lease, transfer, assign, or
part with the said pent house or any part thereof to any person/entity
without the consent of the Lessor in writing, on the condition that the
terms and conditions of this Agreement shall bound the party to
whom the said property is sub-let or sub-leased and simultaneously
the Lessee being responsible for the acts of the party to whom the said
property is sub-let or sub-leased. Further the Lessee shall keep the
Lessor indemnified against all the losses, damages or costs incurred
by the party to whom the said property is sub-let or sub-leased.
34. The Lessee shall pay 6% (Six percent) of annual return or actual
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return whichever is higher to the Lessor, as lease rentals for the said
pent house.
35. The lease rentals shall be paid by the Lessee to the Lessor through
A/c Payee cheques or at par cheques in favour of
“__________________________”, on the 15th of every month. If the pent
house is occupied by the Lessor himself for a part of the month and
leased out for the remaining part, then the Lessee shall make a
proportionate payment to the Lessor for that month i.e. if the Lessor
himself occupies the pent house for 5 days in a month, then the
Lessee shall make a payment for the remaining days only.
36. If the Lessor desires to come and stay in said pent house during the
continuation of this lease agreement, then Lessor shall be required to
give to the Lessee an advance written notice of clear 4 days, failing
which the Lessee shall not be bound to give the Lessor the said pent
house. The Lessee shall make arrangements for providing the Lessor
with another pent house, subject to the availability of the same. The
Lessor shall not have any right of action against the Lessee in case of
any inconvenience caused due to the fault of the Lessor himself.
37. In case the Lessee is a company this agreement shall not stand
terminated in the event the Lessee Company changes its name or is
merged with or acquired by any company. Such entity shall in case of
such change in name or merger or acquisition step into the shoes of
the Lessee for the purpose of this Agreement.
38. That the Lessee hereby covenants with the Lessor to regularly pay the
amounts which the Lessee is liable to pay under this Agreement and
to observe and perform all the terms and conditions contained in the
Agreement and to keep the Lessor and its agents and respective
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estates and effect, indemnified and harmless against the said
payments and observance and performance of the said terms and
conditions and also against any loss or damages that the Lessor may
suffer as a result of non-observance or non performance of the said
terms and conditions, except in so far as the same are to be reserved
and performed by the Lessor.
39. In the event of the Lessee failing to remove itself from the said
Property and hand over the same to the Lessor, the Lessee agrees to
undertake to pay an additional _____ of the outstanding amounts till
the date of handing over of the same by the Lessee. In the event of
failure on the part of Lessee to hand over vacant charge of the said
premises or the said Pent House to Lessor on the expiry or sooner
determination of Agreement, Lessee shall bear and pay to Lessor a
sum payable per day Rs. ___________ (Rupees ___________ Only) as
damages and compensation for such wrongful use in addition to the
monthly compensation. This would, however, be subject to and in
addition to the right of the Lessor of getting the Leased Property
vacated by pursuing one or more legal remedies.
40. TERMINATION
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said pent house.
(d) If at any time during the said term the said pent house is
destroyed or damaged by fire or any other means so as to
become unfit for use and occupation for a period exceeding 30
days, then this Agreement shall stand terminated after the
said period of thirty days and the Lessor shall return all
amounts due and payable to the Lessee by Bankers Cheque
without any action on the part of the Lessee.
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required or permitted under this Lease Agreement will be in writing
and shall be made to the respective address of the parties mentioned
herein above and shall be sent by telex, facsimile or first class
registered post to the party being served at its designated address.
(a) In the case of notices sent via telex or facsimile, the two
business days following the day of transmission.
(b) In any other case, ten days following the day on which the
notice was transmitted or posted as the case may be.
43. The renewals for continuation of the Lease shall be as per the terms
and conditions negotiated and agreed between the parties.
44. The Lessee shall have the liberty to remove all fixtures and fittings,
whether temporarily or permanently installed by the Lessee and the
Lessor shall not object to same and shall not claim any damage
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thereof.
45. The stamp duty and registration charges incidental to this Agreement
shall be borne and shared equally between the parties herein.
46. In case there is any direct or indirect loss to the Lessor on account of
carrying out illegal or unlawful activities by the Lessee in the said
Pent House or the said premises, the same shall be compensated by
the Lessee to the Lessor and further in such case the Lessor shall be
entitled to immediately terminate this Agreement and recover and
forfeit the security deposit of the Lessee.
48. All disputes and differences between the parties hereto regarding the
interpretation scope or effect of any of the terms and conditions
herein contained or in any way touching or concerning these presents
shall be referred to a Sole Arbitrator appointed jointly by Lessee and
Lessor and the same shall be deemed to be a reference within the
meaning of the Arbitration and Conciliation Act, 1996 or any other
statutory re-enactment or modification thereto for the time being in
force. The venue of such Arbitration shall be ___________. This
Agreement shall be subject to ________ jurisdiction.
49. The Lessor agrees that the Lessee shall have complete freedom to
reside in the said pent house, without any let, hindrance or
interference of any nature by the Lessor or otherwise.
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IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands the day and year first hereinabove written.
Mr./Mrs./Ms.__________________________________________________________
Son/Daughter/Wife of _________________________________________________
Age _________________ years Occupation ____________________Residential
OR
Mr./Mrs./Ms._______________________________________________________
Son/Daughter/Wife of _________________________________________________
Age _________________ years Occupation ____________________Residential
OR
M/s. ________________________________________________ a partnership firm
duly registered under the Indian Partnership Act, 1932, having its
registered office at ______________________________________, represented
herewith through its partner authorized by resolution dated
________________________ Shri/ Smt. ____________________________________
OR
_______________________________________________________ a Company
registered under the Companies Act 1956, having its registered office at
_______________________________________________, through its duly
authorized signatory Shri/Smt. _____________ S/o ______________________
R/o _______________________ authorized by Board Resolution dated
___________________________________
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The First Part
In Presence of
________________________
In Presence of
________________________
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SCHEDULE – A
EAST :
WEST :
SOUTH :
NORTH :
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SCHEDULE – B
Blueforest
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SCHEDULE – C
The said Pent House is ALL THAT the Premises on the said land
admeasuring ___________ super built up on ________________ Floor in
_____________ Block. The Pent House is a 600 Sq. Ft. carpet area n\made
of wooden structure. The Pent House is fully furnished and it contains:
The Lesser has a right of use of the common areas along with other
Owners of the other Pent Houses in the Premises and as shown for
clarity in the annexed plan of the Pent House and marked______________
with outline specification as mentioned in the Schedule-D.
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SCHEDULE –D
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SCHEDULE – E
6. Boundary wall.
7. Main Gate.
10. Open set backs of the plot after leaving space for the reserved
open car parking areas.
11. Lift and its machineries, Lift well, Generator etc. (if any).
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SCHEDULE – F
FACILITIES
Charged Facilities
S.NO. PARTICULARS
2. SPA
7. Laundry Charges
8.
9.
Free Facilities
S.NO. PARTICULARS
1. Swimming Pool
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2. Room Service
4. Gymnasium
11. Can Bring Max 50 Persons in a day to the Resort and all
the visitors can use the above mentioned free facilities
without paying any charges.
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