Common use of AND WHEREAS Clause in Contracts

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.

Appears in 3 contracts

Sources: Deed of Conveyance, Deed of Conveyance, Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation Purchaser has by its order dated 27/9/1989 verified the sanctioned & approved building plans on application of the vendors plan in respect of the aforesaid property described and having satisfied and considering the price of the aforesaid flat being the fair market price and agreed to purchase and acquire the said flat with all rights title and interest of the Landowner cum Vendor/Builder herein in schedule hereunderthe said flat and proportionate share in the land free from all encumbrances at or for a price of Rs 0,00,000/ (Rupees lakh) only. AND WHEREAS the said Purchaser have paid to ▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇ both partner of Mangalic Enterprise, the Landowner cum Vendor/Builder herein the said total consideration as shown in the Memo of consideration herein below, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇ both partner of Mangalic Enterprise, the Landowner cum Vendor /Builder herein declares that they have received from the Purchaser the said sum of Rs 0,00,000/ (Rupees lakh) only as full and total consideration money of the said residential BHK flat on Floor, side/corner, having a Super Built up area 000 Square feet i.e. Carpet area 000 square feet be the same little more or less, together with undivided proportionate share or interest or ownership of the land underneath on which said multi storied building stands at Premises /▇▇▇▇▇▇▇ ▇▇-▇/▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇.▇. Baranagar, P,O, Noapara, Kolkata-700090, within ▇▇▇▇ as his only heirs No-17, of the Baranagar Municipality and legal representatives according to subsequently handed over the Shia Muslim Law by peaceful khas possession of the said flat unto the Purchaser, which the said ▇Purchaser duly accepted from ▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under ▇▇▇ both partner of Mangalic Enterprise the provisions of Companies Act, 1956 Landowner cum Vendor/Builder herein and the Registrar Landowner cum Vendor/Builder herein and hereby subscribing their signature for cause registration of Companyproper deed of conveyance for conveying the said flat unto the Purchaser herein. NOW THIS INDENTURE WITNESSETH that in pursuance of Agreement made by and between the Landowner cum Vendor/Builder herein and Purchasers herein and in consideration of the said total sum of Rs 00,00,000/ (Rupees lakh) only paid by the Purchasers to the Landowner cum Vendor/Builder herein in several installments on or before the execution of these presence, Mumbaithe receipt whereof the Landowner cum Vendor/Builder herein do hereby and as well as by a receipt hereunder written, Maharashtra has issued admit, acknowledge and confirm AND the Landowner cum Vendor/Builder herein respectively to the limit and extent of their respective right, title and interest do hereby grant, transfer ,sell, convey, release, discharge, assign and assure to the said Purchasers ALL THAT said residential BHK flat on Floor, side/corner, having a Certificate of Incorporation bearing No.Super Built up area 000 Square feet i.e. Carpet area 000 square feet be the same little more or less together with proportionate share or interest or ownership in the land described in the First schedule hereunder written at the Premises /Holding ▇▇-▇/▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, P.S. Baranagar, P,O, Noapara, Kolkata-700090, within ▇▇▇▇ No-17, of 1997 dated 15.05.1997 thereto registering the name Baranagar Municipality, together with the common areas and facilities, as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. mentioned in the fourth schedule hereunder written being the said property free from all encumbrances, attachments, charges lines etc, TOGETHER WITH full and free right and liberty for the Purchasers and their heirs, executors administrators, representatives, assigns and agents, servants, visitors and all persons authorized by virtue of which the Purchasers from time to time and at all times hereafter and for all purposes connected with the assetsuse and/or enjoy the said flat/property or any part thereof to go pass and re-pass along with the staircase and to use and enjoy the common areas and facilities and also fully and free right and liberty for the Purchasers and their heirs executors, liabilities administrators, representatives, and obligations assigns to draw lay carry all connections including electric, telephone, gas etc as may be deemed necessary by the Purchasers for the best use and enjoyment of the said partnership firm M/property in its portion TOGETHER WITH all rights and liberties, easements, privileges, advantages, appendages, appurtenances, whatsoever belonging to the said property on its portion TO ENTER INTO AND TO HAVE HOLD OWN POSSESS USE AND ENJOY the said flat/ property on said residential BHK flat on Floor, side/corner, having a Super Built up area 000 Square feet i.e. Carpet area 000 square feet be the same little more or less together with proportionate share or interest or ownership in the land described in the First schedule hereunder written at the Premises /Holding . ▇-▇/▇▇, ▇▇▇▇▇▇▇▇ Enterprises vested ▇▇▇▇ ▇▇▇▇, P.S. Baranagar, P,O, Noapara, Kolkata-700090, within ▇▇▇▇ No-17, of the Baranagar Municipality, said flat is more fully described in the 2nd schedule herein below as shown and depicted in the map or plan annexed herewith and bordered with RED ink and every part thereof together with all benefits and advantages, rights, liberties, easements, privileges, appendages and appurtenances whatsoever to the said flat/property or any party thereof usually held, used occupied or reputed to belong or be appurtenant thereto well and sufficiently indemnified against all encumbrances, claims, demands, lines etc, whatsoever created or suffered by the Landowner cum Vendor/Builder herein or by any of their predecessors or ancestors in title. AND THAT the Purchasers and their heirs, executors, administrators, representatives and assignee shall and may at all times hereafter peaceably and quietly enter into, hold, possessed, used and enjoyed the said flat/property or portion and every part thereof without any lawful eviction hinder and interruption, disturbance, claim and demand whatsoever from or by the Landowner cum Vendor/Builder herein or any other person or persons lawfully and equitably claiming from under or in trust for them. AND THAT the Landowner cum Vendor/Builder herein further declare that the said property as described in the “First” Schedule herein below and flat described 2nd schedule herein below or any part thereof hereby sold, conveyed transferred has not been affected by any scheme of acquisition or requisition and is not affected by any order of attachment or injunction of any court or any bank loan or not encumbered by any litigation. AND FURTHER the Landowner cum Vendor/Builder herein declare that if it transpires that the said property hereby, granted sold, transferred and conveyed is not free from all encumbrances as herein before stated the Landowner cum Vendor/Builder herein and their respective heirs, executors, administrators, representatives and assigns as the case may be will be liable to the Purchasers and their heirs, executors, administrators, representatives and assigns to make good for any loss sustained by Purchasers. AND FURTHER MORE that the Landowner cum Vendor/Builder herein and their heirs, executors and administrators and successors-in- office shall at all time hereafter indemnify and keep indemnified the Purchasers and their heirs, executors, administrators, representatives and assigns against loss, damages costs, charges and expenses if any suffered by reasons of any defect in title of the Landowner cum Vendor/Builder herein or any breach of the covenant herein under contained . AND THAT IT IS HEREBY FURTHER AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows : - AND the Purchasers do hereby covenant and agree with the The Purchasers shall be entitled to effect mutation of their name as a owner of the said flat in the records of the Baranagar Municipality in their/his/her own cost. The Landowner cum Vendor/Builder herein shall remains liable to obtain building completion certificate the new building and shall handover Xerox copies of the said completion certificate to the Purchasers as when the said certificate will obtain by the Landowner cum Vendor/Builder herein from Baranagar Municipality. The Purchasers shall keep and maintain at their own costs inside the said flat and every part thereof hereby purchased by them in good condition state and shall abide by all rules, laws and regulations of the Baranagar Municipality . The Purchasers shall be entitled to and have full and absolute right to let out, lease, sell, mortgage, gift, transfer or in any way deal with or disposes of the said flat in the said company Deshmukh Builders building together with undivided and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition impartiable proportionate share interest and ownership of the land in the Hon’ble High Court at Bombay said property to any other persons. That the Purchasers shall be liable to pay directly to the authorities or contribute proportionately to the covered area of the flat as described in the Scheme “third” schedule below towards payment of Amalgamation under Sections 391 municipal taxes and 394 other outgoings payable in respect of the Companies Act, 1956 for sanctioning flat/property from the date of taking possession of the Scheme of Amalgamation flat or registration of the Company deed of conveyance whichever is earlier and in cases where the payments are not made directly to any statutory authority then the same shall be paid by the Purchasers to the association of the flat owners to be formed hereafter. That the Purchasers shall have the irrevocable right over the common areas and facilities which shall not be curtailed or cured in any manner whatsoever and the Purchaser shall be entitled to an undivided proportionate share or interest in the common areas and facilities which shall be assessed on the basis of the proportionate of the covered area of the flat constructed upon the “First” schedule property . That the common areas and facilities as described in the “Third” schedule herein below shall remain undivided and the Purchasers or any other flat owner and the Landowner cum Vendor/Builder herein shall have no right to bring any action for the partition and division thereof . That the common expenses for the maintenance, repairs and replacement etc, of the common areas shall be borne by the Purchasers proportionately and the other flat owners from the date of taking possession of the flat or from the date of registration of the deed of conveyance which ever is earlier in portion to the ratio of their respective rights over the same and the association of the flat owners shall be in sole charge of such repairs, replacements, maintenance and impositions of the common expenses and also of realizations thereof from all the flat owners. That the Purchasers shall always punctually pay their proportionate share of the maintenance, charges, rates, taxes and other expenses and such cost and payments shall be binding upon the Purchasers. The liability for such common expenses shall accrued from the date of registration of the conveyance or from the date of handing over the possession of the flat whichever is earlier . That so long the flat is not mutated separately in the name of the Purchasers, the Purchasers shall be liable to pay the proportionate share of all taxes, charges, etc, either to the Landowner cum Vendor/Builder herein or the flat owner’s association. That after mutation of the flat in the name of the Purchasers the latter shall be liable to pay the taxes to the Baranagar Municipality directly. The Purchasers undivided interest in the soil more fully described in the First Schedule hereunder written, shall remain jointly for all times with Modern Tiles Co. Pvtother Co-owners who may hereafter or hereto before have acquired the similar right, title and interest in the land by way of purchasing and any flat in the building so the interest in the soil is impartible and joint interest in the land is obligatory. Ltd. having its registered office at The Purchasers shall not demolish the said flat or any part thereof, but he can renovate and repair the inner side of the said flat without disturbance to other flat owners and without any damage of the said building. The Purchasers took vacant possession of the said flat and satisfied themselves about fixture and fittings of the said flat as well as construction of the said flat. The Purchasers shall not demand anything in future from the Landowner cum Vendor/Builder herein Fingerprints of both the hands of the Landowner cum Vendor/Builder herein and the Purchasers along with their photographs have hereto duly been furnished and annexed herewith in the separate sheet which is forming out part of this document. ALL THAT piece and parcel of Bastu land measuring about 7 (Seven) Cottahs 12 (Twelve) Chittaks 32 (Thirty two) Square feet physically 7 (Seven) Cottahs 04 (Four) Chittaks 28 (Twenty eight) Square feet be the same or little more or less construction area of land 6 (Six) Cottahs 05 (Five) Chittaks 44 (forty four) Square feet be the same or little more or less together with a new R.C.C. framed super structure brick built five (G+4) Storied lift facilities building in under construction thereon consisting of several self contained residential flats, Car parking spaces, with other common areas, spaces, parts, amenities and facilities to be connected and/or related thereto being Premises ▇▇- ▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Premises /Holding ▇▇-▇/▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, Goregaon (EastP.S. Baranagar, P,O, Noapara, Kolkata- 700090, within ▇▇▇▇ No-17, Municipal Assessee No- 1201201995901, of the Baranagar Municipality, lying and situate at District North 24 Parganas., Mouja- Noapara, ▇.▇.No-9, Revenue Survey No-6, Touzi No- 173, comprised in, R.S. Khatian No-164, appertaining to R.S. Dag No- 192(P), Mumbai – 400 063.corresponding to L.R. Khatian No-1417, and L.R. Dag No-192, and the said property is lying within the jurisdiction of the Additional District Sub-Registrar at Cossipore DumDum, and the said property is butted and bounded by the manner following, that is to say:- ON THE NORTH BY- Scheme Plot No-13 and 4 feet wide Common Passage and 5 feet wide Common Passager ON THE SOUTH BY- 12 feet wide common passage ON THE EAST BY- Nama Sudra Para Lane ON THE WEST BY- 12 feet wide common passage

Appears in 1 contract

Sources: Deed of Sale

AND WHEREAS. the Thane Municipal Corporation DEVELOPER is itself is a highly reputed developer Partnership Firm in the sector of Development and Promoting of Land and allied works and having more experience, knowledge and skill to develop the same. So the OWNER of the First Schedule mentioned property gave offer to the DEVELOPER to develop the First Schedule properties as mentioned below. In response to that offer the DEVELOPER has accepted the same on definite terms and conditions to develop the property with a project for construction of a building residential cum commercial purpose. AND WHEREAS the OWNER and the DEVELOPER together entered into an Agreement for Development of the said proposed land and in pursuance of the said Agreement which was registered at the Office of the A.D.S.R., Burdwan and became Deed No. I-6968 for the year 2018 duly registered at Book No. I, Volume No 203-2018, (Page No. 130801 to 130891) registered before the office of the ADSR, Burdwan which is later on rescanned and renumbered vide P. No. 23/19 and became Deed No. I-121 for the year 2019 duly registered at Book No. I, Volume No 203-2019, (Page No. 8727 to 8817) registered before the office of the ADSR, Burdwan and in pursuance of the said Agreement the Developer started to raise and construct multistoried building comprised of Residential flats / residential unit / offices / shops/ commercial units / parking space on the basis of sanctioned building plan and by its order dated 27/9/1989 sanctioned & approved own power would carry out the process of transfer to intending purchasers of flats / residential unit / offices / shops/ commercial units / parking space comprising in the proposed building plans on application and would also realize the cost of construction of the vendors flats / residential unit / offices / shops/ commercial units / parking space and common parts from the intending purchaser and the cost of the proportionate share of interest in the land described in the “First Schedule” mentioned hereunder and as would be proportionate to each such flats / residential unit / offices / shops/ commercial units / parking space and common parts through its Partner as well as the Power of Attorney Holder for and on behalf of itself whereas the OWNER will represent herself and upon receipt of such payment from the intending purchasers the OWNER directly and through her agent, shall select or/and elect the intending purchasers for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said land as would be proportionate to each such flats / residential unit / offices / shops/ commercial units / parking space agreed to be acquired by the intending purchasers to the OWNER and DEVELOPER through its partner who would execute proper sale deed / conveyance deed in respect of the property described said undivided, impartible and indivisible interest in schedule hereunderthe land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of documents and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be executed by its Representative cum Managing Partner. means super built-up area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc. The plinth area along with a share of all common areas proportionately divided amongst all unit owners makes up the super built-up area of Flat which in this case means 25% (Approx) (a little more or less) on and over the Covered Area and the Super Built Up area of Commercial Unit/Shop in this case means 40% (Approx.) (a little more or less) on and over the Covered Area. (G) Plus (+) Seven (7) Storied Residential Building consisting of several Flats and Parking Spaces. AND WHEREAS the PURCHASERS, being the party of the THIRD PART decided to purchase one flat whereas the said ▇▇Flat being the Flat No. “……………”, (Also known as Flat No. …………) [Block No. A] on the th (................) Floor portion measuring Carpet Area of Sq. Ft. and Covered Up Area of …………… Sq. Ft. and Super Built Up Area of Sq. Ft. (inclusive of 25% Super Built Up Area Percentage) (A Little More or Less) together with undivided proportionate share in land and common benefits and also one Covered Four ▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his deathParking Space measuring Sq. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇Ft. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described (A Little More or Less) in the First and Second Schedules hereunderBasement at or for total consideration of Rs. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered ………………………./- (Rupees Lakhs Only) for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 Flat and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063Parking Space.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. for the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application smooth running of the vendors in respect said project, the LAND OWNER herein agreed to execute a Registered Development Agreement & Registered Power of Attorney, by which the property described in schedule hereunder. AND WHEREAS the said ▇▇LAND OWNER herein has appointed and nominated ▇▇▇▇▇▇▇ died intestate GROUPS as his Constituted Attorney as well as the PROMOTER/DEVELOPER, to act on 18.11.1992 leaving behind ▇▇▇▇ behalf of the LAND OWNER and also for entering into any agreement for sale in respect of the Developer's Allocation in the name and on behalf of the OWNER and also to appear before any Registrar of Assurances, District Registrar, Sub- Registrar, Additional District Sub-Registrar or other offices or authorities haying jurisdiction on that behalf and to present and execute all deeds, instruments and writings for the purpose of affirm on that behalf PROMOTER/DEVELOPER may deem necessary, expedient and proper. AND WHEREAS the PROMOTER/DEVELOPER herein, coming to know the facts of such desire of the OWNER herein, has made a proposal in relation to the aforesaid development of the said property before the Owner. The OWNER after necessary investigation and thorough understanding with the PROMOTER/DEVELOPER herein, has agreed to develop the said premises by the PROMOTER/DEVELOPER. Both the Parties hereto have mutually analysed, discussed, agreed and thereafter entered into a registered Development Agreement along with Developer Power of Attorney dated 05.03.2021, registered at D.S.R. - III, Alipore, South 24-Parganas and recorded into Book No.1, Volume No. 1603-2021, Pages from 41355 to 41394, Deed No. 160301612 for the year 2021 for the construction of a new Ground plus Four storied building with Lift facility upon the aforesaid property as per the sanctioned building plan under certain terms and conditions as mentioned therein and in the said registered Development Agreement along with Developer Power of Attorney the entire Developer’s Allocation and also the entire Owner’s Allocation have been properly described. AND WHEREAS subsequently the PROMOTER/DEVELOPER has applied before the K.M.C. to sanction the building plan and a Ground plus Four storied building plan with Lift facility which has now been approved by K.M.C. vide sanctioned building Permit No. 2022120467 dated 18.01.2023 and now the PROMOTER/DEVELOPER has developed the entire Premises through his Developer-Firm namely “▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ GROUPS” and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to erected the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretobuilding thereon. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under West Bengal Government introduced the provisions of Companies new Promoter and Builder Law as per The West Bengal Real Estate (Regulation and Development) Act, 1956 2016 and also The West Bengal Real Estate (Regulation and Development) Rules, 2021. The DEVELOPER has now taken the registration of this project under this Act and Building Rules vide Registration No. ____ dated _____ __ and the Registrar AND WHEREAS the Flat and Car Parking Space as mentioned in the SCHEDULE - B below are of Company, Mumbai, Maharashtra Developer’s allocated portion and the DEVELOPER has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering received the name as ‘DESHMUKH BUILDERS entire sale proceeds i.e. consideration amount from the intending Purchaser herein. AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations WHEREAS during construction of the said partnership firm M/▇building the PROMOTER/DEVELOPER declared to sell the flats etc. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 with habitable use of the Companies Act, 1956 for sanctioning DEVELOPER'S ALLOCATION and the PURCHASER herein knowing the same and also after satisfaction of the Scheme of Amalgamation title of the Company herein with Modern Tiles Co. Pvt. Ltd. property agreed to purchase one residential Apartment/Flat/Unit being Flat No.............. situated on the ........... floor ........................ side of the Ground Plus Four storied building having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon carpet area of Square Feet more or less (East), Mumbai – 400 063.Exclusive Balcony/Verandah Area Square Feet Carpet Area excluded from

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application thereafter members of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Apartment requested ▇▇. ▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Permanent Director of M/s. ▇ and ▇▇▇▇▇▇ Apartments Private Limited, requested them to execute the necessary Conveyance / Sale Deed / Deed of Declaration, in favour of the Apartments. And thereafter, ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇, a Permanent Director of M/s. ▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/Apartments Private Limited through this Duly Constituted Attorney, one ▇▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Pandit executed a Deed of Declaration in favor of M/▇. ▇▇▇▇▇▇▇ Apartments vide Registered Document No 10026 Dt 11.07.1988 at Haveli II. AND WHEREAS, Goregaon the building and the flats had become old and requires heavy repairs and also the area of each flat is small and there is potentiality of getting the flats of more area to the existing members, by redevelopment of the entire plot / land by demolishing the structure and also by redeveloping the said land by getting plan sanctioned for availing additional FSI / Paid FSI AND WHEREAS, it was decided to utilize entire FSI / FAR area of the said land and allow the developer to obtain and consume additional FSI / TDR, which may be permissible and allowable as per the rules and regulations of PMC and consume the same on the said land so as to provide 13 flats (East)as requested and requirements of the existing members) to the existing 13 members, Mumbai – 400 063.in proportion to the area, they have currently in possession (existing carpet area in possession) free of cost and then remaining newly constructed flats / area to be sold / transferred by the Developer of the Third Part to the various purchasers who would be accepted and admitted as members of the owner Apartment. AND WHEREAS, at the Special General Body Meeting of the Apartment held on DT.21.12.2015 the issues of the condition of the Apartment‟s said building were discussed at length and the Members were of the opinion that existing building/structure should be demolished and new building should be constructed thereon. However, since the members had neither the finance nor the expertise to carry out such work, it was decided that the task to carry out such demolition and constructing flats for the Members should be entrusted to professional Developer who could carry out development work free of costs for the members and the Apartment and, construct for the members new flats free of costs with an additional area as agreed upon. In return for the same, the Developer could be granted the right to use entire balance and additional FSI/FAR of the said land and to bring in and utilize TDR/FSI as may be permissible according to rules and regulations of PMC and sell/transfer the flats other than those earmarked for the Members and appropriate the sale proceeds/consideration unto Developer. The Apartment called tenders of various developers and after scrutinizing the various

Appears in 1 contract

Sources: Partnership Agreement

AND WHEREAS. the Thane Municipal Corporation said ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ as the only legal heir of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, had also recorded his name in the R.S. Record of Right in connection with Mutation Case No. 113/2009 and the name of ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ therein has been duly recorded under the said Mutation case which has been duly intimated by its order dated 27/9/1989 sanctioned & approved building plans on application way of issuing a Mutation Certificate U/s. 50/50A of the vendors in respect West Bengal Land Reforms Act, 1955 being Memo No. 510/Addl. O/C T.S.U/10 dated 14.05.2010 by which Memo the name of the property described said ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ was recorded in schedule hereunderthe Settlement Record who was also been paying taxes to the State of West Bengal and had been enjoying peaceful possession over the premises in Schedule ‘A’ hereinbelow as of right peacefully, uninterruptedly and adversely to the acknowledge of all concerned. AND WHEREAS the said ▇▇▇▇▇▇▇▇died intestate on 18.11.1992 leaving behind ▇▇▇▇▇▇ being absolute 16 Annas owner of the property in Schedule intended to sell and convey the property in Schedule herein below and M/s. Panchmahal Projects Private Limited, being the present vendor herein and purchaser therein has agreed to purchase the said 16 Annas property as fully described in the Schedule hereunder along with all common parts and portions and other easement, privileges and amenities attached thereto. AND WHEREAS Panchmahal Projects Private Limited (being the present Promoter/ Vendor herein and purchaser therein) has duly purchased the said 16 ▇▇▇▇ property from the said ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇by a Deed of Conveyance dated 31st day of May, 2013 and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ Deed of Conveyance was governed at duly registered in the time office of his deaththe District Sub-Registrar, Howrah recorded in Book No. I, Volume No. 18, pages from 1117 to 1139 being No. 05339 for the year 2013 and possessed and enjoyed the said property by paying necessary municipal rates and taxes and the said 16 annas property is free from all encumbrances, lien, lispendeses and charges. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, after purchasing the Confirming Party herein, became entitled to develop said premises the Promoter/ Vendor herein mutated its name in respect of the said property more particularly described in the First records of the Howrah Municipal Corporation and Second Schedules hereunder. obtained a sanctioned plan being building AND WHEREAS out after obtaining the sanctioned plan the vendor has commenced development and construction work of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered premises for the widening construction of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063multi storied building.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. in the Thane records of Kolkata Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Corporation, the names of the vendors in respect said first owner and the second owner have been duly recorded as the Owners of the property described in schedule hereundersaid entire premises ▇▇. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/.▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇ 039, containing a land area of 17 Bighas 14 Cottahs and 09.8 Chittacks together with the sheds, constructions and walls standing on diverse parts thereof. AND WHEREAS by a Deed of Gift dated 8th August, 2013 registered as Being No. 07758 for the year 2013 at the Additional Registrar of Assurances- I, Kolkata in respect of an area measuring 30.99 sq. metres gifted to the Kolkata Municipal Corporation for sanction of the building plans has been executed in clarification of the earlier deed of gift dated 17.05.13 registered as Being No. 04868 for the year 2013 with Additional Registrar of Assurances- I, Kolkata and both the said deeds are related to the same land area without intending to gift any other area to the Kolkata Municipal Corporation for sanction of the building plans. AND WHEREAS by a Deed of Gift dated 8th August, 2013 registered as Being No. 07759 for the year 2013 at the Additional Registrar of Assurances- I, Kolkata in respect of an area measuring 34.35 sq. metres gifted to the Kolkata Municipal Corporation for sanction of the building plans has been executed in clarification of the earlier deed of gift dated 17.05.13 registered as Being No. 04866 for the year 2013 with Additional Registrar of Assurances- I, Kolkata and both the said deeds are related to the same land area without intending to gift any other area to the Kolkata Municipal Corporation for sanction of the building plans. AND WHEREAS for the purpose of enabling the sanction of the building plan as applied for by the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, the said Owners have, by a Deed of Gift dated 14th March, 2015, made between the said First Owners and the Second Owners therein jointly called the Donors of the one part and the Kolkata Municipal Corporation therein called the Donee of the Other part and duly registered in Book No. 1, as being No.02685 for the year 2015 with the Additional Registrar of Assurances I, Kolkata for the consideration therein mentioned, voluntarily transferred by way of absolute gift an area containing 33 Cottahs 4 Chittacks and 22.96 square feet (equivalent to 2226.42 square meters) more or less being a portion of the said premises ▇▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East)▇▇▇▇▇▇▇, Mumbai – 400 063described in the Schedule thereunder written and shown in red hatched lines in the plan thereto annexed. Therefore the earlier Gift Deed No. 04867 for the year 2013 dated 17.05.13 registered with Additional Registrar of Assurances-I, Kolkata in respect of a strip of land having an area of 131.87 sq.mtrs. also relates to a portion of the land gifted as mentioned above.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application PURCHASER herein have requested the Owner and Developer to make proper Deed of Sale in favour of the vendors Purchaser in respect of the property described said flat. NOW THIS INDENTURE WITNESSETH that in schedule hereunderpursuance of the aforesaid agreement and in consideration of total sum of Rs. AND WHEREAS - only paid by the Purchaser to the Developer (which the being No- on the floor of premises No - Rishra, District- Hooghly under Rishra Municipality, along with undivided proportionate share and/or interest in the land of the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇premises the receipt thereof the Developer herein do hereby acknowledge admit and confirm and of and from the same and every part thereof quit release and discharge the PURCHASER or his heirs, executors, administrators, representatives and assigns and every one of them the said flat along with proportionate variable share and/or interest in the land, the Vendor as Owner do by these presents indivisible GRANT SELL CONVEY TRANSFER ASSIGN AND ASSURE UNTO THE PURCHASER or their heirs, executors, administrators, representatives and assigns ALL THAT the said flat measuring about carpet area of Sq.ft., Built up area of sq. ft and Super built up area of being flat No- in the floor at 3/220/6 Dr. B.C.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ Post Office- Morepukur, Police Station - Rishra, District- Hooghly under Rishra Municipality (which is more fully and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First SECOND SCHEDULE below and Second Schedules hereinafter referred to as the said flat and more fully and particularly shown in the plan annexed herewith and marked with Colour RED) along with undivided proportionate share and/or interest in the land of the premises (which is more fully and particularly written in the SECOND SCHEDULE written below) together with undivided interest and right to use common area and facilities (which is more fully and described in the Third Schedule written below) subject to payment of common expenses to be made by the PURCHASER along with the other allottee and/or Purchaser of the other flats (which is more fully and particularly described in the Fourth Schedule written hereunder. ) together with common use of sewerage, drains, way, passage, benefits and advantages and other rights liberties easements, quasi-easement to the said property or any part or portion thereof TO HAVE AND WHEREAS TO HOLD the same unto and the use of the PURCHASER absolutely and forever and the VENDOR do hereby covenant with the PURCHASER and that NOTWITHSTANDING any act deed matter or thing whatsoever by the VENDOR made done committed or knowingly suffered to the contrary the VENDOR now have good right full power lawful and absolute authority and indefeasible title to grant convey sell transfer and assure the said flat and undivided proportionate share and/or interest in the land hereby granted sold convey transferred or intended so to be to use of the PURCHASER AND THAT the PURCHASER shall and may at all time hereafter peaceable hold possess the said flat and undivided proportionate share of the land and will receive rent issue profits thereof without any interruption claim demand whatsoever from or by the VENDOR or any other person or persons claiming through or in the trust of the VENDOR AND FURTHER THAT the VENDOR and other person or persons having or claiming any estate right title interest upon or out of the said entire land more particularly described in property shall and will from time to time and at all time hereafter at the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening request and costs of the Ghodbunder Road Purchaser make do execute perfect or cause to be made done executed and therefore, perfected all as such further and other assurance acts deeds and things whatsoever for further better and more perfectly assuring or confirming the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations title of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested flat and undivided proportionate share of land UNTO AND TO THE USE of the PURCHASER ABSOLUTELY AND FOR EVER in the said company Deshmukh Builders manner aforesaid as the PURCHASER may reasonably require AND THE VENDOR undertake and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition declare that if the PURCHASER suffers any loss due to any charges and/or litigation or due to the defect in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 title of the Companies Act, 1956 for sanctioning said property the Vendor will make good all losses so suffered by the PURCHASER and simultaneously to the execution of this Indenture the Vendor and Developer do hereby handing over possession of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063said Flat to PURCHASER herein.

Appears in 1 contract

Sources: Deed of Sale

AND WHEREAS. the Thane Municipal Corporation has Developer is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by its order the South Dum Dum Municipality vide plan No. 614 dated 27/9/1989 sanctioned & approved building plans 18 th day of August, 2020, which is now going on application progress. AND WHEREAS the Owners/Vendors being the party of the vendors first part and Developer party of the second part as Developer, Confirming Party and attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, ( ) Side, measuring ( ) Sq. ft. more or less including super built up area of the said building at the below schedule mentioned property, more fully and particularly described in the Second Schedule hereunder written and together with proportionate share and interest on the land described in the first schedule at or for the consideration of Rs. /- [Rupees ] only @ /- (Rs. Vendors/Owners and the Purchasers entered into an Agreement for Sale :: In terms and conditions of the above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, the Vendors/Owners and The Developer have agreed to sell and the Purchasers has agreed to purchase the ALL THAT one self contain Flat in being Flat Vide No. 1-A, on the South-East Side of the First Floor, measuring a super built up area of 1080 Sq.Ft. more or less of the said building including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and facilities appended thereto the said building, more fully mentioned and described in the SECOND SCHEDULE hereunder in the said for the total price of consideration of Rs. /- [Rupees ] only free from all encumbrances and liabilities whatsoever. On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and register a Deed of Conveyance in favour of the Purchasers in respect of the property said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in schedule hereunderthe SECOND SCHEDULE hereunder written at or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the custody, power and possession of the Vendors/Owners, relating to the demised premises and all rents, issues, profits and usufructs there from, for the Purchasers TO HAVE AND WHEREAS TO HOLD, the said ▇▇▇▇▇▇▇▇▇ died intestate same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the Vendors/Owners in the same, or any latent or patent defect of title of the Purchasers i.e. being obtained through this instrument and further that there is no clog on 18.11.1992 leaving behind the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the Vendors/Owners, hereby further covenant with the Purchasers, that the demised prem ises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to use, occupy, enjoy, possess and absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the Purchasers, they will be bound to do, all and every act and to sign, execute and register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the title, of and in the demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in future, duly comply with all the terms and conditions contained in this conveyance. THE VENDORS / OWNERS AND DEVELOPER ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.

Appears in 1 contract

Sources: Indenture of Conveyance

AND WHEREAS. the Thane Vendor herein applied for a building sanction plan before the Howrah Municipal Corporation has by its order dated 27/9/1989 sanctioned & and accordingly the Howrah Municipal Corporation on , approved the plan for the construction of multi-storied building plans in the said land consisting of several Shop/s, Car Parking space/ Flats, and accordingly the Vendor herein started the construction work on application of the vendors in respect of the property said land morefully and particularly described in the schedule hereunderA, hereunder and the same is under progress. A. The OWNER/DEVELOPER obtained a sanctioned plan from the authorities concerned being No. AND WHEREAS BRC …………….. for undertaking construction of a Housing Project on SAID PREMISES comprising of several independent blocks and the said project has been named NIDHIVAN . The Purchaser herein approached the owner Developer and owner ▇▇▇▇▇▇▇▇▇ died intestate agreed to sale ALL THAT piece and parcel of the FLAT AND/OR UNIT no……. on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ the ………. Floor of the building being Block- ……… in Project ‘NIDHIVAN ’ containing by estimation an area of Sq. ft. (Carpet) be the same a little more or less TOGETHER WITH the undivided proportionate share or interest in the land directly underneath and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ forming part of the said Block/Building AND TOGETHER WITH the proportionate share in all common parts portions areas and facilities to comprise in the said Residential Area Together With One Car Parking Space for parking a medium size motor car Together With the proportionate share in common parts portions areas and facilities to comprise in the said Residential Area/Complex (hereinafter collectively referred to as his only heirs the SAID FLAT) at and legal representatives according for the agreed consideration of Rs ………………../- (Rupees ) B. The said Flat is now since completed and the Purchaser has duly satisfied itself as to the Shia Muslim Law title of the Owner/Developer, constructions, measurements, materials used, workmanship, the scheme of the Project and inspected the sanctioned plan and upon such satisfaction has now proceeded to have the Deed of Conveyance executed in its favour. C. The Purchasers have gone through and agrees to abide by which all such covenants as agreed by all the other Flat Owners in the standard Agreement for Sale to the extent such covenants shall remain applicable now and in the future. D. The Owner/ Developer herein have specifically represented to the Purchase that the said ▇▇▇▇▇▇▇▇▇ was governed at flat is free of encumbrances, charges, liens, lispendens, demands, claims, hindrances, attachments, debts, dues, acquisitions and requisitions whatsoever and further without any interference, disturbance and obstruction whatever from any person whomsoever and corner and manner and that the time Owner/ Developer has full right, title and interest in the Said Flat and has full right and authority to assign, convey transfer all its right, title and interest therein and the Owner/ Developer herein further declare that the clear title to the Said Flat and its appurtenances belongs to the Owner/ Developer herein absolutely and that no other person or persons have any right, title or interest whatsoever therein by way of his death. AND WHEREAS sale, gift, exchange, inheritance, lease, lien or otherwise in the said flat and that notwithstanding anything herein contained, any act, deed, matter or thing of whatsoever nature done by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDthe Owner/ Developer herein or any person or persons lawfully or equitably claiming by from through or in trust for them, the Confirming Party hereinOwner/ Developer herein has itself full right, became entitled power and absolute authority to develop sell or transfer to the Purchasers herein the said flat and his right, title and interest in the said property more particularly described in and that the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder writtenOwner/ Developer herein have not done or committed or omitted to do any act, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and thereforedeed, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.matter or thing whereby the

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation DEVELOPER herein has by its order dated 27/9/1989 sanctioned & approved building plans on application completed construction of the vendors in respect Residential Building Block as per the said sanctioned plans being Docket No. 20.3.2008 and the LANDOWNER/LESSOR has issued Completion Certificate U/s. 212 of West Bengal Municipal Act 1993 to be read with Rule 33 of the property described in schedule hereunderWest Bengal Municipal (Building) Rules 2007 vide its Memo No. 78/E/XII-6 dt. 5.4.17. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate DEVELOPER herein has further got plans sanctioned by the Burdwan Municipality for construction of the 3 Blocks of B+G+11 storied Residential Building being Block Nos. 3, 4, 5 & 6, 1 Blocks of B+G+5 storied commercial buildings being Block Nos. 2 and 1 Block of G+3 storied Commercial Building being Block No. 7 vide sanction letter being Memo No. 924/E/VII-4 dt. 01.02.18 (hereinafter referred and called to as the “Said Second Phase Sanctioned Plans”) for construction, erection, promotion, building and development of a residential complex with other amenities on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out demarcated part or portion of the said entire land more particularly described in demised premises (herein after referred to as the First Schedule said “RESIDENTIAL COMPLEX”) and three Blocks of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening Commercial Buildings on part of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule remaining demarcated portion of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretosaid demised premises. AND WHEREAS the said partnership firm M/▇DEVELOPER herein has envisaged a Plan as to the facilities to be provided in the complex including its management, maintenance and apportionment of costs and expenses payable by the LESSEE/S herein on the terms and conditions hereof. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under AND WHEREAS the provisions demised property hereunder as such can be mortgaged, transferred, alienated, granted, demised and devised by the LESSEE/S herein upon the execution of Companies Act, 1956 and the Registrar deed of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations lease of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested same pursuance to and in terms of these presents by the said company Deshmukh Builders DEVELOPER herein unto and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 favour of the Companies Act, 1956 for sanctioning LESSEE/S herein and/or his/her/its/their nominee/s with the written consent of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063DEVELOPER herein.

Appears in 1 contract

Sources: Lease Agreement

AND WHEREAS. With the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application intent of undertaking the development of the vendors said Premises the Owner and the Developer had entered into a Development Agreement dated 24th January 2018 which has been registered at the office of the A.D.S.R, Sealdah in Book No. I Volume No. 1606- 2018 Pages 9058 to 9097 Being No. 160600262 for the year 2018 whereby the Owner granted the exclusive right of development in respect of the property described said Premises unto and in schedule hereunderfavour of the Developer herein for the consideration and subject to the terms and conditions contained and recorded in the said Agreement (hereinafter referred to as the DEVELOPMENT AGREEMENT). AND WHEREAS By an Agreement dated ----------------------------- entered into between the parties hereto the Owner and the Developer agreed to sell and transfer and the Purchaser has agreed to purchase and acquire ALL THAT the Flat No. on the floor of the new building then in course of construction of the said ▇▇▇▇▇▇▇▇▇ died intestate Premises containing by estimation an area of TOGETHER WITH _ open/covered car parking space on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which ground floor of the said ▇▇▇▇▇▇▇▇▇ was governed at building TOGETHER WITH the time of his death. AND WHEREAS by diverse Deeds proportionate share in all common parts portions areas and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled facilities to develop comprise in the said property New Building and/or Housing Complex (more fully and particularly mentioned and described in the First and Second Schedules hereunder. THIRD SCHEDULE hereunder written) AND WHEREAS out TOGETHER WITH the undivided proportionate share or interest in the land forming part of the said entire land premises appurtenant thereto (more fully and particularly mentioned and described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property SECOND SCHEDULE hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS hereinafter referred to as the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under UNIT AND THE PROPERTIES APPURTENANT THERETO) for the provisions of Companies Act, 1956 consideration and subject to the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. terms and by virtue of which all the assets, liabilities conditions contained and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested recorded in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in Agreement (hereinafter referred to as the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (Eastsaid SALE AGREEMENT), Mumbai – 400 063.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation Developer; Durgapur Real Estate Pvt. Ltd. is the owner & possessor of 12 (Twelve) decimal land in the R.S. Plot No.20 & L.R. Plot No.40, by virtue of Regd. Sale Deed vide No.4820/2013, of A.D.S.R. Durgapur, and his name has by its order dated 27/9/1989 sanctioned duly been recorded in the L.R. record of rights in Khatian No.1921 of Mouza-Shankarpur. AND WHEREAS the Landowners & approved building plans the Landowner cum Developer herein intend to develop the “said property”, which is mentioned in the “Schedule-A” hereunder, have entered into a Regd. Development Agreement vide no.- 020600971/2019, before the A.D.S.R. Durgapur, on application 25/02/2019, and the Landowners also executed a Regd. Development Power of Attorney vide No.- 020601325/2019 before the A.D.S.R. Durgapur in favour of the vendors Landowner cum Developer herein, in respect of their land at the property described in schedule “Schedule-A” hereunder. AND WHEREAS the Landowner cum Developer herein, being the co-owner of the schedule-A property, & on the basis of the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives Regd. Development Agreement cum Power of Attorney, has started construction works of the project namely; “Anurag Tower” i.e. Ground Floor + Seven Storied multistoried building/s, consisting with Block- I, II & III, comprising with 106 Flats/Apartments, & several number of Parking Space, according to the Shia Muslim Law by which approved building plan & permission of the said Jemua Gram Panchayat, and the concerned authorities, on the land described at the “Schedule-A” herein, and proclaimed to sell-out the flats/ parking spaces of the project towards intending purchaser/s. SCHEDULE 2 [Vesting of title of the Land] WHEREAS the Landowners are seize, owned and possessed of and/or/otherwise well and sufficient entitled to ALL THAT piece and parcel of land measuring an area of land 100 (Hundred) Decimal, in the Dist.-Paschim Bardhaman, under P.S.-N.T.P.S., within Mouza- Shankarpur, ▇.▇. ▇▇.109, ▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/.▇. ▇▇▇▇▇▇▇ no.246 & 180, L.R. Khatian No.290, 1795, 1794, 919, 1161, & 2281, of R.S. Plot No.19 (Nineteen), & 20(Twenty) and L.R. Plot No.40(Forty) & 41(Forty One), by virtue of inheritance & Regd. Deeds, which is particularly mentioned in the “Schedule-A” property hereunder, & herein after also called as “said Property”, and the Landowners have been exercising their right, title, interest & possession over the same, and the concerned authority has issued Conversion Certificate in respect of the “Schedule-A” property. SCHEDULE 3 Apartment No type having carpet area Square feet approx equivalent to super built up area Square feet approx on the Floor situated in Tower together with open/covered two-▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, car parking space in the Confirming Party complex known as ANURAG TOWER. SCHEDULE 4 (“Payment Schedule”) SCHEDULE 5 (“Application Form”) SCHEDULE 6 (“Apartment GTC”) SCHEDULE 7 (“Allotment Letter”) AND WHEREAS the Purchaser/s herein, became entitled to develop was/were quest of a flat/unit along with garage/parking space, for residential purpose, & after perused & inspected the land related documents, & the agreements & deeds & the approvals & permission of the said property project namely; “Anurag Tower” at the “Schedule-A” hereunder, agreed to purchase a flat/apartment, deemed to contain an area more particularly or less (………) Square Feet of Super Built-Up Area more or less (………..) Square Feet of Carpet Area, on the ………Floor, of Block-……, being Flat No. ‘……..’, Flat Type -……., ……..BHK, Floor Type-Tiles, inclusive of the apportioned area governed by the entrance, lobby, open space, stair case, service unit etc., fully described in the First and Second Schedules “Schedule-B & E” hereunder written TOGETHER WITH proportionate undivided interest in the land described in the “Schedule-A” hereunder. AND WHEREAS out , along with the amenities, facilities, & common areas of the said entire land more particularly described project, as mentioned in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto“Schedule-D & E” herein. AND WHEREAS the Landowner cum Developer herein has also agreed to transfer/sell- out the said partnership firm M/▇flat (bike parking included) without garage along with amenities, facilities, common areas, & common interest at the project namely; “Anurag Tower”, at or for total consideration of Rs.………………../- ( Rupees in words ), extra GST applicable as per Government rules. Considering the fair, proper, reasonable & highest according to the present market value prevailing in the locality only, subject to the terms and conditions herein contained. AND WHEREAS in view of such offer and acceptance the Purchaser/s has/have paid the advance consideration amount of Rs……………/- ( Rupees in words), to the Landowner cum Developer herein, as ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under / advance consideration amount out of the provisions total consideration amount in respect of Companies Actthe “Schedule-B” hereunder, 1956 and the Registrar remaining consideration amount shall be pay by the Purchaser, in accordance with the “Part-II of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇Schedule-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTC” hereunder. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. subsequently the Thane Municipal Corporation DEVELOPER sanctioned the building plan as partly Ground Plus Four storied as per prevailing building Rules of KMC vide sanctioned Building Permit No. 2022120131 dated 04.07.2022 from the K.M.C. Borough Office – XII and thus by virtue of mutual discussion between the OWNER and the DEVELOPER, the Allocation of both the OWNER and the DEVELOPER was altered and changed and the same has been established by its order virtue of a registered Supplementary Agreement alongwith Power of Attorney dated 27/9/1989 08.09.2021, registered at D.S.R. - IV, Alipore, South 24- Parganas and recorded into Book No.1, Volume No. 1604-2021, Pages from 285220 to 285246, Deed No. 160407866 for the year 2021 and now the DEVELOPER has developed as well as promoted the entire premises as described in the SCHEDULE – ‘A’ below as per aforesaid sanctioned & approved building plans on application plan and the flat together with one Parking Space which is hereby being sold in favour of the vendors in respect of PURCHASER is off Owner’s Allocation and the property described in schedule hereunderOWNER has received the entire consideration sum. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ West Bengal Government introduced the new Promoter and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Builder Law as his only heirs per The West Bengal Real Estate (Regulation and legal representatives according to Development) Act, 2016 and also The West Bengal Real Estate (Regulation and Development) Rules, 2021. The DEVELOPER has now taken the Shia Muslim Law by which registration of this project under this Act and Building Rules vide Registration No. dated and the said ▇▇▇▇▇▇▇▇▇ was governed at AND WHEREAS the time Flat and Car Parking Space as mentioned in the SCHEDULE - B below are of his deathDeveloper’s allocated portion and the DEVELOPER has received the entire sale proceeds i.e. consideration amount from the intending Purchaser herein. AND WHEREAS by diverse Deeds during construction of the building the PROMOTER/DEVELOPER declared to sell the flats etc. with habitable use of the DEVELOPER'S ALLOCATION and Assurances DESHMUKH ENTERPRISES now known as M/▇the PURCHASER herein knowing the same and also after satisfaction of the title of the property agreed to purchase one residential Apartment/Flat/Unit No. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of ____ Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the Confirming Party hereinbuilding and the flat is consisting of Bed rooms, became entitled 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to develop park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor of the said property building measuring an area of 120 (One hundred and Twenty) Sq.ft. more particularly or less on satisfaction of the PURCHASER regarding the specification of the flat and its area and also right to use all common service area and other facilities and also right to use the common portions, space and right of common use of the common passage, stair- case, landings etc. as well as roof for the service purpose and the other necessary easement rights as described in the First SCHEDULE “C” hereunder written and Second Schedules hereunderundivided proportionate share of land as described in the SCHEDULE “A” below. AND WHEREAS out both the VENDOR and the PROMOTER/DEVELOPER agreed to sell and convey the said Flat No. and the PURCHASER agrees to purchase the said Flat No. situated on the ______ Floor, side of the Ground Plus Three Storied building togetherwith one Car parking Space No. on Ground Floor of the said entire land more particularly building as described in the First Schedule SCHEDULE “B” below togetherwith undivided proportionate share of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters land as is more particularly described in the Second Schedule SCHEDULE “A” below and also right to use all common rights and facilities as described in the SCHEDULE “C” for a total consideration price of the Property hereunder written and Rs. /- (Rupees ) only free from all encumbrances, liabilities, whatsoever, which is shown surrounded within the red coloured boundary line on the Plan annexed hereto. under PROMOTER/DEVELOPER AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted PROMOTER/DEVELOPER entered into a Limited Company under an Agreement for Sale dated , with the provisions of Companies Act, 1956 PURCHASER and the Registrar DEVELOPER has agreed to sell the PURCHASER the said Apartment/Flat/Unit No. ___ having carpet area of Company____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the rooms, Mumbai1 Drawing-cum-Dining room, Maharashtra has issued a Certificate 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVTcovered Car Parking Space being No. LTD. and by virtue of which all __ on the assets, liabilities and obligations Ground Floor of the said partnership firm M/▇building measuring an area of 120 (One hundred and Twenty) Sq.ft. ▇▇▇▇▇▇▇▇ Enterprises vested more or less and the PROMOTER/DEVELOPER herein has agreed to sell the PURCHASER ALL THAT said Flat No. situated on the ______ Floor, ___________ side of the Ground Plus Three Storied building together with right to park 1 (One) medium sized motor car of the covered Car Parking Space No. on the Ground Floor of the said building as described in the said company Deshmukh Builders SCHEDULE “B” hereunder written right to use all common rights and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition common services as described in the Hon’ble High Court at Bombay SCHEDULE “C” below and undivided proportionate share of land morefully as described in the Scheme of Amalgamation under Sections 391 SCHEDULE “A” and 394 the said flat alongwith the balcony of the Companies Act, 1956 building has been built up in accordance with the said sanctioned residential building plan and discuss to acquire and possess the said flat togetherwith one Car Parking Space of Rs. /- (Rupees ) only for sanctioning a total consideration towards the proportionate cost of land and cost of construction of the Scheme of Amalgamation said flat togetherwith Car Parking Space and the entire cost of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063said flat togetherwith Car Parking Space have been taken only by the PROMOTER/DEVELOPER as the said flat and Car Parking Space is of Developer’s Allocation.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned Landowners & approved building plans the Landowner cum Developer herein intend to develop the “said property”, which is mentioned in the “Schedule-A” hereunder, have entered into a Regd. Development Agreement vide no.- 020600971/2019, before the A.D.S.R. Durgapur, on application 25/02/2019, and the Landowners also executed a Regd. Development Power of Attorney vide No.- 020601325/2019 before the A.D.S.R. Durgapur in favour of the vendors Landowner cum Developer herein, in respect of their land at the property described in schedule “Schedule-A” hereunder. AND WHEREAS the Landowner cum Developer herein, being the co-owner of the schedule-A property, & on the basis of the said Regd. Development Agreement cum Power of Attorney, has started construction works of the project namely; “Anurag Tower” i.e. Ground Floor + Seven Storied multistoried building/s, consisting with Block-I, II & III, comprising with 106 Flats/Apartments, & several number of Parking Space, according to the approved building plan & permission of the Jemua Gram Panchayat, and the concerned authorities, on the land described at the “Schedule-A” herein, and proclaimed to sell-out the flats/ parking spaces of the project towards intending purchaser/s. AND WHEREAS the Purchaser/s herein, was/were quest of a flat/unit along with garage/parking space, for residential purpose, & after perused & inspected the land related documents, & the agreements & deeds & the approvals & permission of the said project namely; “Anurag Tower” at the “Schedule-A” hereunder, agreed to purchase a flat/apartment, deemed to contain an area more or less (………) Square Feet of Super Built-Up Area more or less (………..) Square Feet of Carpet Area, on the ………Floor, of Block-……, being Flat No. ‘……..’, Flat Type -……., ……..BHK, Floor Type-Tiles, inclusive of the apportioned area governed by the entrance, lobby, open space, stair case, service unit etc., fully described in the “Schedule-B & E” hereunder written TOGETHER WITH proportionate undivided interest in the land described in the “Schedule-A” hereunder, along with the amenities, facilities, & common areas of the said project, as mentioned in the “Schedule-D & E” herein. AND WHEREAS the Landowner cum Developer herein has also agreed to transfer/sell-out the said flat (bike parking included) without garage along with amenities, facilities, common areas, & common interest at the project namely; “Anurag Tower”, at or for total consideration of Rs. ………………../- ( Rupees in words ), extra GST applicable as per Government rules. Considering the fair, proper, reasonable & highest according to the present market value prevailing in the locality only, subject to the terms and conditions herein contained. AND WHEREAS in view of such offer and acceptance the Purchaser/s has/have paid the advance consideration amount of Rs……………/- ( Rupees in words), to the Landowner cum Developer herein, as ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS / advance consideration amount out of the said entire land more particularly described total consideration amount in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening respect of the Ghodbunder Road and therefore“Schedule-B” hereunder, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar remaining consideration amount shall be pay by the Purchaser, in accordance with the “Part-II of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇Schedule-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063C” hereunder.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. Absolute Owners : In the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application manner stated above , the said Owners become the absolute joint Owners of the vendors said premises and are in respect possession of the property described Premises and the Owners have a marketable title thereto and are not aware of any defect in schedule hereunderthe title of the Premises and have not entered into any agreement creating any right in the Premises . . AND WHEREAS subsequently the said Owners herein have entered into an Agreement for Construction and Development dated 13/06/2017. registered before the Additional District Sub Registrar at Alipore and recorded in Book No. I , Volume No. 1605-2017, Pages 101742. to 101742., Being No. 08897 160503386 for the Year 2017 with ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ , having its office at Premises ▇▇. ▇▇▇/▇▇, ▇▇▇▇▇▇▇ died intestate ▇▇▇▇ , ▇▇▇▇▇▇▇ – ▇▇▇ 039, thereinafter called and referred to as the “Developer” with the right to construct a Ground plus Four storied building as per the sanctioned building plan and subsequently its modification , revision , as to be sanctioned by the Kolkata Municipal Corporation in or upon the said Premises as aforesaid, the particular of such property morefully described in First Schedule hereunder written with such terms and conditions as clearly written therein . AND WHEREAS by and under the aforesaid Agreement for Construction and Development executed by the Vendors as the absolute Owners of the said premises mentioned in the First Schedule herein below in favour of the Developer, herein a Scheme for the development of the said premises was devised whereby the Developer is empowered to have the plans sanctioned and / or modified on 18.11.1992 leaving behind the said premises morefully described in the First Schedule hereunder written and to construct a new building having separate Flats/Units or saleable areas and to sell the same save and except the Owners’ allocation to Unit holders being nominees of the Developer and the conveyance will be executed and registered proportionately in favour of the Unit Holders after receipt of the entire consideration agreed between the Developer and the Purchaser. AND WHEREAS furthermore under the said Agreement for Construction and Development, the Vendors have also executed a General Power of Attorney dated 23/06/2017 registered before the Additional District Sub Registrar at Alipore and recorded in Book No. I , Volume No. 1605-2017, Pages. From 97904 to 97935, Being No. 160503696 for the Year 2017 in favour of ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ son of ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according a Developer, it is inter alia agreed , to have the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in plan sanctioned and/or modified on the First and Second Schedules hereunder. AND WHEREAS Schedule property, carry out the development of the said entire land more particularly described premises and enter into agreement for sale with the prospective Flat/Unit Purchaser in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening respect of the Ghodbunder Road Developer’s allocation for and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule on behalf of the Property hereunder written and is shown surrounded within Vendors as the red coloured boundary line on nominees of the Plan annexed heretoDeveloper. AND WHEREAS the said partnership firm M/▇Developer subsequently going to prepare such building plan and got it sanctioned from the Kolkata Municipal Corporation. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company AND WHEREAS under the provisions said scheme of Companies Actdevelopment , 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations Developer out of the said partnership firm M/▇Developer's Allocation has agreed to sell to the Purchaser herein all that the Flat/Unit No. ▇▇▇▇▇▇▇▇ Enterprises vested 3B on 3rd Floor on Southern portion admeasuring 950 Sq .ft. (approx.) Super Built Up area and one covered Car Parking Space in the Ground floor along with undivided proportionate share of land attributable to the said company Deshmukh Builders Flat and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition Car Parking Space in the Hon’ble High Court new building to be constructed at Bombay the said Premises more fully described under the Second Schedule hereto in the Scheme of Amalgamation under Sections 391 and 394 lieu of the Companies Act, 1956 for sanctioning of consideration and on the Scheme of Amalgamation of terms and conditions which have been agreed between the Company parties hereto and are recorded herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063below.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order present landowners enter into a Development Agreement dated 27/9/1989 sanctioned & approved 25th January, 2019 registered before the office of Additional District Sub-Registrar Cossipore Dum Dum, recorded in Book No. I, Volume No. 1506-2019, Pages from 26106 to 26138, Being No 150600568 for the year 2019 with the developer herein for the land mentioned above admeasuring 4(Four Cottachs 6(Six) Chittacks be the same a little more or less together with old two storied building plans on application thereon having pacca construction in total measuring more or less 1200 sq.ft. and also described clearly and explicitly in the Second schedule hereunder written and for the smooth running of the vendors said project has agreed to execute a registered Development Power of Attorney being dated 25th January, 2019 registered before the office of Additional District Sub-Registrar Cossipore Dum Dum, recorded in respect Book No. I, Volume No. 1506-2019, Pages from 26466 to 26486, Being No 150600580 for the year 2019 by which the owners herein has appointed and nominated the M/S. MUNANI CONSTRUCTION, a proprietorship Firm, having its Principal place of the property described in schedule hereunder. AND WHEREAS the said Business at ▇▇▇▇▇▇▇/▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ Road, P.S. - Baranagar, Kolkata – 700090,, Dist. North 24- Parganas, represented by its sole Proprietor ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ MAJUMDAR ( Having PAN ▇▇▇▇▇▇▇ and ▇▇▇▇), son of ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law , by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS occupation – business, by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDfaith - Hindu, the Confirming Party hereinby Nationality – Indian, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office residing at ▇▇/, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇Road, Goregaon (East)P.S. - Baranagar, Mumbai Kolkata 400 063700090, called and referred to as the DEVELOPER/ PROMOTER. AND WHEREAS, by virtue of the aforesaid Development Agreement and registered General Power of Attorney, the Developer hereto prepared a Building Plan in the name of the Landowners aforesaid and submitted before the Competent Authority for their sanction and got the same vide No. 5(Z) dated 07/06/2019 from the Baranagar Municipality. By virtue of the said Development agreement the Developer herein has after obtaining the physical possession of the said land from the Land Owner, commenced the construction works of multi-storied building on and upon the owner’s said demised land hereunder the Second Schedule which Is under progress.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has said Learned Court of 3rd Sub Judge at Alipore being satisfied with the application filed by its order the parties in the said T.S. No- 16 of 1941 and according to the reports subtitled by the Ld. Pleader Commissioner, passed the Final Decree being the Order No- 546 dated 27/9/1989 sanctioned & approved building plans on application of 14th July 1971 and as such the vendors said property was amicably divided and demarcated. As a result thereof, the said SHRI ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ became the absolute owner in respect of his 20 Bighas of demarcated landed property being marked as Plot no. - `Ja' according to the property described map or plan finally sketched by appointed Ld. Pleader Commissioner in schedule hereunderthe said suit. AND WHEREAS while the said SHRI ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ son of Late Promode ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ had been enjoying the right, title and possession in respect of his 20 Bighas of landed property being marked as plot no-',Ja' in Mouza- Nayabad, made a scheme plan for dividing his entire land into small plots of demarcated land for transferring the same. AND WHEREAS during the life time of said SHRI ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ son of Late Promode ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ since deceased made a master plan in connection with his big plot of land comprising in several Dags and Khatians and the schedule plot of land lying under the R.S. Dag No-200 under R.S. Khatian No. 113 & 114 in Mouza Nayabad. AND WHEREAS while the said SHRI ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ son of Late Promode ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ had been enjoying the right, title and possession in respect of his 20 Bighas of landed property being marked as plot no- ‘Ja’ in Mouza- Nayabad sold, conveyed and transferred a demarcated land measuring more or less 07 Kattah 04Chittaks appertaining to R.S. Dag No. 200 to one SHRI SURABIR GUPTA, son of Late ▇▇▇▇▇▇ ▇▇▇▇ Gupta by virtue of a `Deed of Conveyance' which was registered in the office of the S.R. Alipore on 23/09/1985 and duly recorded in Book No- I, Volume No 146, written in pages 1187 to 1194, Being no. - 8200 and for the Year 1985. AND WHEREAS while the said SHRI SURABIR GUPTA, son of Late ▇▇▇▇▇▇ ▇▇▇▇ Gupta had been enjoying the right, title and possession in respect of his land measuring more or less 07 Kattah 04 Chittaks appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113 & 114 in Mouza- Nayabad, sold, conveyed and transferred a demarcated portion of land i.e. measuring more or less 04 Kattah 04 Chittaks to one SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri ▇▇▇▇▇▇ ▇▇▇ by virtue of a 'Deed of Conveyance' which was registered in the office of the D.S.R-III at Alipore on 04/09/1998 and duly recorded in Book No 1, Volume No 66, written in pages 145 to 162. Being no 2506 and for the Year 1999. AND WHEREAS while the said SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri ▇▇▇▇▇▇ ▇▇▇ had been enjoying the right, title and possession in respect of her said demarcated purchased land measuring more or less 04 Kattah 04 Chittaks appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113& 114 in Mouza- Nayabad, sold, conveyed and transferred the same to one 1) ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ (HUF), represented by its Karta, ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ and 2) SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri Manik ▇▇▇▇▇ ▇▇▇ by virtue of a `Deed of Conveyance' which was registered in the office of the A.D.S.R. at Sealdah on 21/03/2012 and duly recorded in Book No. –I, CD Volume No. -2, written in pages 8304 to 8331, Being no. -905 and for the Year 2012. AND WHEREAS on the other hand, while the said SHRI SURABIR GUPTA, son of Late ▇▇▇▇▇▇ ▇▇▇▇ Gupta had been enjoying the right, title and possession in respect of his remaining land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113 & 114 in Mouza- Nayabad, executed a 'General Power of Attorney' in the name of SHRI ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind , son of Late ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ for transferring his said land measuring more or less 03 Kattah to any person or persons and the said 'General Power of Attorney' was registered in the office of the D.S.R. at Alipore on 23/10/1998 and duly recorded in Book No. -IV, Volume No.-.7, written in pages 216 to 222, Being no. -291 and for the Year 1998. AND WHEREAS while the said SHRI SURABIR GUPTA, son of Late ▇▇▇▇▇ Nath Gupta had been enjoying the right, title and possession in respect of his remaining land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113& 114 in Mouza-Nayabad, sold, conveyed and transferred the same i.e. measuring more or less 03 Kattah to one SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri ▇▇▇▇▇▇ ▇▇▇ by virtue of a 'Deed of Conveyance' through his aforesaid constituted lawful attorney which was registered in the office of the D.S.R-III at Alipore on 27/09/1999 and duly recorded in Book No-I, Volume No. -83, written in pages 261 to 272, Being no-3251 and for the Year 1999. AND WHEREAS while the said SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri ▇▇▇▇▇▇ ▇▇▇ had been enjoying the right, title and possession in respect of her another demarcated purchased land measuring more or less 03 Kattah appertaining to R.S. Dag No. 200 under R.S. Khatian No. 113&114 in Mouza- Nayabad, sold, conveyed and transferred the same to one 1) ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ (HUF), represented by its Karta, ▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ and 2) SMT. ▇▇▇▇▇ ▇▇▇, wife of Shri Manik ▇▇▇▇▇ ▇▇▇, by virtue of another ‘Deed of Conveyance' which was registered in the office of the A.D.S.R. at Sealdah on 21/03/2012 and duly recorded in Book ▇▇. -▇, ▇▇ ▇▇▇▇▇▇ ▇▇. -▇, Goregaon (East)written in pages 9082 to 9109, Mumbai – 400 063Being no. - 936 and for the Year 2012.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. The New Licensees of plots had made an application to the Thane Municipal Corporation has by CIDCO Ltd. for its order dated 27/9/1989 sanctioned & approved building plans on application permission to assign, transfer of the vendors license and all other right, title over the said plots in respect favour of Subsequent New Licensees M/▇. ▇▇▇▇▇▇▇ CORPORATION [Partnership Firm] & M/S. DEV KRUPA ENTERPRISES [Partnership Firm], the CIDCO Ltd. had granted its permission of transfer of the property described said plots in schedule hereundertheir Joint Name as Subsequent New Licensee No. AND WHEREAS 1 & 2, on payment of transfer fees, the said Plots transferred by execution of Tripartite Agreement on 20th October 2014 executed between The CIDCO Ltd. the Party of First Part AND M/. ▇▇▇▇▇▇▇ CORPORATION [Partnership Firm] the New Licensees Party of Second Part AND [1] M/▇. ▇▇▇▇▇▇▇ CORPORATION [Partnership Firm] through its Partners SHRI. KARSAN ▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ & SHRI. KARSAN ▇▇▇▇ ▇▇▇▇▇, [2] M/S. DEV KRUPA ENTERPRISES [Partnership Firm] through its Partner [1] SHRI. GANESH ▇▇▇▇▇▇▇ ▇▇▇▇▇, [2] SHRI. MUKESH ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ , [3] SHRI. KESHAVJI ▇▇▇▇▇ ▇▇▇▇▇, [4] SHRI. PARBAT ▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇, [5] SHRI. MAHESH PUNJALAL ▇▇▇▇ was governed at ▇▇, the time Subsequent New Licensees Party of his deathThird Part. AND WHEREAS by diverse Deeds and The said Tripartite Agreement registered with the Concerned Sub Registrar of Assurances DESHMUKH ENTERPRISES now known as Uran vide under Registration Sr. No. URAN-1483/2014 dtd. 13th November 2014. The CIDCO Ltd. on furnishing of registered Copy of Tripartite Agreement transferred the said Plots in the name of Subsequent New Licensees vide through its Final Order bearing No. CIDCO/ESTATE /12.5% SCHEME/DRONAGIRI-449/2014 dtd. 24th November 2014 had transferred the said plot in the name of M/▇. ▇▇▇▇▇▇BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a partCORPORATION [Partnership Firm] & M/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoS. DEV KRUPA ENTERPRISES [Partnership Firm] referred herein Developers No.2 & Developers No.1 respectively. AND WHEREAS the said partnership firm M/Developers No.2 herein of Plots had submitted the building plan through their ARCHITECT ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ to The Associate Planner (BP) Navi Mumbai & Khopta. The Town Planning Dept. of CIDCO of Maharashtra Ltd. for its approval to construct Residential Cum Commercial Building “A” Wing Consisting Ground [Stilt + Nineteen [19] Upper Floors] & “B” Wing Ground [Stilt + Eighteen [18] Upper Floors], on the Plots bearing ▇▇. ▇▇, ▇▇ & ▇▇, ▇▇▇▇▇▇-▇▇, ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, Tal. Uran, Dist. Raigad and the same was approved vide under Development Permission & Commencement Certificate Ref. No. CIDCO/BP-5847/ATPO[NM&K /2013/984-985 DTD. 8th July 2013 issued by The Additional Town Planning Officer (BP) Navi Mumbai & Khopta. AND WHEREAS on transfer of said Plot in the joint name of Subsequent New Licensees/Developers herein, the New & Amended Plan of Residential Cum Commercial Building had submitted for its approval and to issue the Fresh Commencement Certificate to their joint name. The Town Planning Department of CIDCO of Maharashtra Ltd. had issued Amended Commencement Certificate bearing No. CIDCO/BP- 5847/TPO [NM&K]/2015/230 dtd.12th March 2015, Copy of the Development Permission & New Commencement Certificate are annexed hereto and marked as Annexure "D" & "E". AND WHEREAS the Town Planning Dept. of CIDCO of Maharashtra Ltd. had permitted to construct residential cum commercial building thereon by the Developers herein, subject to Developers shall observe all the terms & conditions, stipulations & restrictions which are laid down by the sanctioning authority or any other Governmental or Local Authority for the purpose of development of the said plot and upon the observance of which only the completion and the Occupation Certificate in respect of the said proposed building/s shall be granted by the concerned local authority i.e. Town Planning Dept. of CIDCO of Maharashtra Ltd. AND WHEREAS Developers herein have entered into an Agreement with the ARCHITECT ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ an Architect registered with the Council of Architects having his Office at Aashiyana “C” Wing, 1st ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇.▇▇, Goregaon ▇▇▇▇▇, Navi Mumbai, Tal. & Dist. Thane and also appointed INTEGRATED ARCHITECT & DESIGNERS (EastI) PVT. LTD. having Office at 207-Ecospace, Mogra Village, Andheri (E), Mumbai – 400 063.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ alias ▇▇▇▇▇ ▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind alias ▇▇▇▇▇ ▇▇▇▇▇▇▇ during her uninterrupted ownership & possession of the scheduled property transferred the scheduled property on 23/11/2014 in favour of her son ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, S/o. Late ▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time vide registered deed of his deathgift being no. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered 7010 for the widening of the Ghodbunder Road and thereforeyear 2014, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretobefore A.D.S.R., Burdwan. AND WHEREAS the said partnership firm M/present OWNER namely . ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇ since 23/11/2014 became absolute owner & possessor of the scheduled property & got his name recorded in the ▇.▇. record of right under Khatian No. 3093 & mutated his name in the office of the Burdwan Municipality & is paying and revenues and taxes of the scheduled property accordingly and accordingly started the process to discharge his legal obligations of payment of Govt. rents etc. in the name on appropriate receipt thereof and thereby has acquired absolute title in the said property to which he is entitled. Hence the OWNER has acquired a good title over the First Schedule mentioned property without any interference or intervention of any or by any other person. AND WHEREAS there was a large portion of vacant land with huge structure thereon being the First Schedule mentioned Property which was not maintained and which was more specifically described below and thereby the OWNER has taken decision to construct of multistoried commercial cum residential building inclusive of Shops and Offices and Flats/Residential Units and Car Parking Spaces by constructing building and to develop the premises i.e., ▇▇▇▇▇▇▇▇ ▇▇▇▇the vacant land which is more specifically described in the First Schedule below and which is not being looked after by the OWNER due to his habitation uncertainty in the City of Burdwan and occupational requirement and dilemma and thereby the OWNER has taken decision to construct of Commercial cum Residential building inclusive of Shops and Offices and Flats/Residential Units/Car Parking Spaces and to develop the premises i.e., Goregaon the total land measuring 38 Decimals (EastA little More or Less), Mumbai – 400 063.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. by an Indenture of Mortgage dated the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application 18th day of June, 2018, and registered in the office of the vendors Additional Registrar of Assurances – I at Kolkata in respect its Book No. I, Volume No.- 1901-2018, pages from 186908 to 186984, Being No. 1901-04613, the Vendor/Owner herein referred to as the Security Providers/Mortgagors of the One Part therein, and the Developer herein referred to as the Borrower of the Second Part therein mortgaged the property more fully described in schedule hereunder. AND WHEREAS the Schedule-I of the said Mortgage Deed dated the 18th day of June, 2018 in favour of Bajaj Housing Finance Limited, a Company incorporated under the provisions of the Companies Act, 1956, and a Company within the meaning of the Companies Act, 2013 having its registered office at Mumbai Pune Road, Akurdi, Post Office-Akurdi, Police Station- Akurdi, Pune - 411035 and the said M/s. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as the Borrower therein and the Developer herein has accepted Rs. 15,00,00,000/- (Rupees Fifteen Crore Only) from the said Bajaj Housing Finance Limited, the Lender/Secured Party therein hereinafter referred to as the “SAID MORTGAGE”; It is pertinent to mention here that, the Developer herein, has already paid the entire loan amount received by them to Bajaj Housing Finance Limited, the Lender/Secured Party therein and said Bajaj Housing Finance Limited, the Lender/Secured Party therein, acknowledged the same and also issued No Objection Certificate dated 29.12.2020 in favour of M/S. RAJWADA DEVELOPER, the Developer/Confirming Party herein, and said M/s. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as the Borrower therein and the Developer herein and said Bajaj Housing Finance Limited, the Lender /Secured Party therein also executed Deed of Release of Mortgage duly registered on 16.03.2021 in the office of the A.R.A. – I, Kolkata, recorded in Book No. – I, Volume No. 1901-2021, Page from 128909 to 128944, Being No. 2044 for the year 2021, towards “SAID MORTGAGE”. AND WHEREAS said, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, son of Late ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ died intestate on 18.11.1992 15.04.2019 at Kolkata leaving behind his wife, 1) Smt. ▇▇▇▇ ▇▇▇ ▇ Parekh, and son, 1) ▇▇▇▇▇ ▇▇▇▇▇▇ @ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Owner/Vendor No. 9 herein, three daughters namely 1) ▇▇▇. ▇▇▇▇▇ and ▇▇▇▇▇▇▇, 2) ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, and 3) ▇▇▇. ▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the as his legal heirs, and during his life time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇he executed a Registered ▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out favour of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇his son, ▇▇▇▇▇ ▇▇▇▇▇▇ the Owner/Vendor No. 9 herein and said will duly registered on 02.04.2019 in the office of the Additional Registrar Assurance – III, Kolkata, recorded in Book No. III, Volume No. 1903-2019, Page from 4833 to 4854, Being No. 263 for the year 2019, and in pursuance of the said will ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ had given, Goregaon (East)devised and bequeathed his undivided 1/4th share in the aforesaid property and his other property morefully described in the said will to his son, Mumbai – 400 063▇▇▇▇▇ ▇▇▇▇▇▇ alias ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ the Owner/Vendor No. 9 herein.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. upon the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on due examination of the financial and operational credentials and consideration of the application of the vendors in respect Vellore Institute of the property described in schedule hereunder. AND WHEREAS the said Technology (Trust) a registered public Charitable Trust situated at ▇▇.▇▇, ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ represented by its Managing Trustee, ▇.▇▇▇▇, Goregaon ▇▇▇▇▇▇▇ (Easthereinafter referred to as the “VIT”), Mumbai – 400 063APCRDA has recommended to the Government of AP and Government vide GO Ms. No. 171, MA & UD (CRDA.2), dated 04- 07-2016 agreed to allot the land admeasuring Ac. 200.00cts (100+100) situated at Inavolu, Sakhamuru and ▇▇▇▇▇▇▇▇▇▇ Villages, Thulluru Mandal, Guntur District, Andhra Pradesh, to be allotted in two phases to the Allottee i.e., Vellore Institute of Technology A.P. (Trust) which is formed by VIT and on its representation that VIT shall always be directly responsible for the construction and implementation of the Project through the Allottee. AND WHEREAS pursuant to the GO Ms. No. 171, MA & UD (CRDA.2), dated 04-07-2016 and above representation of VIT, the Party of the First Part had allotted an extent of Ac. 200.00 gts (100+100) situated at Inavolu, Sakhamuru and ▇▇▇▇▇▇▇▇▇▇ Villages, Thulluru Mandal, Guntur District, Andhra Pradesh, to be allotted in two phases, through its office Lr. No. CRDA/14024 (34) /84/2016-JD, EC NMC-APCRDA dated 21-10-2016, (“Allotment Letter”). AND WHEREAS the Parties have entered into a registered Agreement for Sale bearing document no. dated (“Agreement for Sale”) registered with the office of the Sub- Registrar and annexed hereto as Annexure I, in respect of the aforesaid allotment of the Schedule Property on freehold basis stipulating various terms and conditions of Sale as agreed thereunder which shall survive till the same are fulfilled and complied with by the Vendee and in pursuance of such allotment, the vacant possession of the Schedule Property has been delivered to the Vendee on [ Date ] hereinafter referred to as the “Handover Date” for the purpose of development, construction and implementation of the Project in accordance with rules, regulations and standing orders prescribed under the Amaravati Land Allotment Rules and Regulations, 2017. dated drawn on Bank towards the total cost of the Schedule Property to APCRDA. AND WHEREAS the Vendee has requested APCRDA for execution of a sale deed/deed of conveyance, subject to the fulfillment of conditions as agreed under the Agreement for Sale, in favour of the Vendee for the purpose of obtaining loans and/or other financial assistance from the Nationalized/Scheduled banks/ financing institutions as may be notified from time to time by APCRDA and providing financial assistance to the Vendee for the purpose of implementation of the Project (“Project Lender”) and the Vendee has submitted a letter from the Project Lender Indian Bank agreeing to finance the implementation of the Project in accordance with the terms agreed under the Allotment documents i.e., Allotment Letter, Agreement for Sale and Sale Deed along with the Financing Documents.

Appears in 1 contract

Sources: Sale Deed

AND WHEREAS. by virtue of an agreement for sale dated made between the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans Purchaser herein and the Vendors/Owners herein and the Developer herein, the Purchaser herein agreed to purchase one self-contained flat being ALL THAT Flat No. “ ” measuring about Sq. ft. being Carpet area including Balcony and Sq. ft. being Carpet Area excluding Balcony ( Sq. ft. being Super Built-up area) on application the side of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDFloor, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out Type-D of the said entire G+14 storied building in Block – 2 namely “Daffodil” along with One Shed Car Parking space admeasuring more or less square feet in the ground floor in Plot – 2, of the Housing Complex christened as “RAJWADA ROYAL GARDENS”, being erected at the Said Property being Municipal Holding Nos. 154, School Road, Mouza- Rajpur, P.O. – Narendrapur & P.S. - Sonarpur, Kolkata-700103, District South 24 Parganas, together with undivided and indivisible proportionate share in the land underneath together with common rights, facilities and amenities and common service and expenses mentioned therein for and at a total price of Rs. /- (Rupees ) only, hereinafter referred to as the “said Flat and Car Parking space”, more fully and particularly described in the First Schedule of Property Part II hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening AND WHEREAS in terms of the Ghodbunder Road agreement for sale dated the Owners/ Vendors and thereforethe Developer herein have agreed to sell and transfer oneself ALL THAT Flat No. “ ” measuring about Sq. ft. being Carpet area including Balcony and Sq. ft. being Carpet Area excluding Balcony ( Sq. ft. being Super Built-up area) on the side of the Floor, Type-D of the balance net plot area that was available said G+14 storied building in Block – 2 namely “Daffodil” along with One Shed Car Parking space admeasuring more or less 120 square feet in the ground floor in Plot – 2, of the Housing Complex christened as “RAJWADA ROYAL GARDENS”, being erected at the Said Property being Municipal Holding Nos. 154, School Road, Mouza- Rajpur, P.O. – Narendrapur & P.S. - Sonarpur, Kolkata-700103, District South 24 Parganas, within the jurisdiction of Rajpur-Sonarpur Municipality, Ward no. 26, at or for development was 8947.75 sqa valuable consideration of Rs. meters as /- (Rupees ) only, and the same is more fully and particularly described in the Second First Schedule Part II hereunder written together with undivided, indivisible proportionate share in the land describe in the First Schedule hereto along with proportionate share in the common spaces, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other Shed spaces, common path of the Property properties necessary and convenient to its ingress to and egress from, maintenance for common use, motor, pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection etc. which has been mentioned more fully and particularly in the Third Schedule hereunder written and is shown surrounded within with lawful aforesaid consideration subject to the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which purchaser’ undertaking to pay proportionally all the assetscommon charges, liabilities and obligations fees, duties, levies, taxes, rents, impositions, outgoings etc. which are required for the purpose of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested premises and also for the purposes of the said building along with other owners, occupiers of the building or flat/apartment holders thereto as more fully and particularly described in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063Fourth Schedule hereunder written.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Assignor/s herein in terms of the vendors in respect aforesaid notification applied before the concerned authority of the property described Urban Development Department, Government of West Bengal for assigning his/her/their undivided share of plot no. in schedule hereunderBlock in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North), Police Station Bidhannagar (North/ East/South) registration office ADSR. AND WHEREAS Bidhannagar along with the undivided share of the construction thereon (for the sake of brevity hereinafter referred to and called as the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ lease hold property ), which is morefully and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunderSchedule B' made hereunder written. AND WHEREAS out after careful consideration, the Superior Landlord namely the Urban Development Department, Government of West Bengal by its Letter/Memo No dated was pleased to allow the Assignor/s herein to assign his/her/their leasehold right, title and interest of the said entire land more particularly described lease hold property for the unexpired period of 999 years without prejudice to their (the Urban Development Department. Government of West Bengal) any right and interest over said premises in any manner whatsoever and subject to strict compliance of all and every terms and conditions, covenants, stipulations and restrictions made in the First Schedule Original Lease dated by the Assignee/s herein In consideration of Property hereunder writtena sum of Rs (Rupees Lac only) paid by/on behalf of the Assignee/s to/cn behalf of the Assignor/s, a partthe receipt whereof the Assignor/portion thereunder admeasuring 1982.25 sqs doth hereby admits and acknowledges in every manner whatsoever, the Transferor/Assignor doth hereby grant, transfer, convey, assign and assure unto the Assignees ALL THAT leasehold right, title and interest of undivided share of plot no in Block in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North). meters had been surrendered Police Station Bidhannagar (North/ East/South) registration office ADSR. Bidhannagar along with the undivided share of the construction thereon for the widening of unexpired/balance residue period to the Ghodbunder Road term mentioned hereinbefore and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described recited in the Second Schedule Deed of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS Assignment of Lease dated being the said partnership firm M/▇lease hold property. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies ActTOGETHER WITH all areas, 1956 and the Registrar of Companygardens, Mumbaitrees, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assetsfences, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Actditches, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇common roads, Goregaon (East)waters, Mumbai – 400 063.water-courses, rights, lights, liberties, privileges 4 easements and appurtenances whatsoever belonging or held or occupied therewith and TO HAVE AND TO HOLD the same unto the Assignee/s for the residue/unexpired period of the said term of 999 years subject to payment of the rent reserved thereby and observance of all covenants by the Assignee/s of the conditions contained in the Lease dated PROVIDED FURTHER that the Assignor/s hereby covenants with the Assignee/s THAT NOTWITHSTANDING any act. deed or thing by the Assignor/s at any time done or executed or knowingly suffered to the contrary the said lease is subsisting good and effectual lease or the demised premises AND THAT the same has not been forfeited or surrendered or become void of voidable AND THAT the Assignor/s had got rightful power and absolute authority to transfer, assign, assure and convey the said lease hold property for the unexpired/balance period of 999 years in the manner aforesaid AND THAT the Assignee/s shall and will and may at all times hereafter during all the residue/unexpired period of the said term of 999 years by the said Lease dated peacefully and quietly possess and enjoy the said lease hold property and receive the rents and issues and profits thereof without any lawful eviction, interruption, claim or demand from or by the Assignor/s or any person or persons claiming through under or in trust for the Assignor/s AND THAT the said lease hold property is free from all encumbrances made occasioned or suffered by the Assignee/s or any person or persons claiming as aforesaid AND FURTHER THAT the Assignee/s and all persons claiming any estate for her shall and will during the residue now un-expired period of the term granted by the said Lease dated , at the request and cost of the Assignee/s execute or cause to be done and executed all such acts, deeds and things for further and more perfectly assuring the said lease hold property and every part thereof unto the Assignee/s in the manner aforesaid as shall be or may be reasonably required PROVIDED HOWEVER the Assignee/s shall and will at all times hereafter during the residue now un-expired period of the said term of 999 years as granted to the Assignee/s by the said Lease dated observe and perform the Assignee/s covenants and conditions, restrictions therein and shall save harmless and keep indemnified the original Lessor and its estate and effects from and against all actions proceedings claims or demands on account or in respect thereof AND it is hereby further agreed and declared that neither the transfer and assignment as aforesaid nor anything herein contained shall prejudice or effect the original reservation of rent of the further stipulations covenants and conditions contained in the said Deed of Assignment of Lease in respect of the said lease hold property and the person or persons from time to time entitled thereto AND the Assignor/s declare/s that the Assignee/s shall be entitled to mutate their names in the records of all the competent statutory authorities including in the records of the Urban Development Department. Government of West Bengal AND THAT the Assignor/s ceases to have any interest in the above mentioning property from this day AND THAT Assignor/s Deliver/s Possession of the said lease hold property unto and in favour of the Assignee/s TO HAVE AND TO HOLD the same for his use and benefit without any interruption, claim and 5 demand whatsoever by the Assignor or any person claiming through her subject to the terms and conditions of the original Deed of Assignment of Lease for the unexpired period of the original lease. The Assignor/s herein has represented, assured and undertaken to the Assignee the given warrantees as follows. –

Appears in 1 contract

Sources: Deed of Assignment of Lease

AND WHEREAS. at the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned time when the pieces or parcels of land on which the said 05 BULDINGS COMPRISING OF 20 WINGS i.e. BUILDING NO 1 - CONSISTING OF A, B, C, & approved building plans on application D WINGS, BUILDING NO 2 - CONSISTING OF A, B, C, D, E & F WINGS BUILDING NO 3 - CONSISTING OF A, B, C & D WINGS, BUILDING NO 4 - CONSISTING OF A & B WINGS AND BUILDING NO 5 - CONSISTING OF A, B, C, & D WINGS, in the said Complex to be known as "RIVERSIDE GREENS" are being constructed, were the lands having agricultural assessment and according to the law for the time being in force, the land having agricultural assessment, cannot be purchased in the name of the vendors Partnership Firm. Therefore, the Promoter-Builders, all being agriculturists, purchased the said pieces of land in their respective names and contributed the purchase price according to their respective share. By and under the Deed of Partnership dated. 01.11.2011, they constituted a partnership firm in the name and style of M/s. GROW PLUS INFRA, for carrying on the business, mainly that of builders and developers and particularly for the project in hand. By a Declaration dated. 02/07/2013, the Promoter-Builders have declared, inter alia, that they have purchased the said pieces or parcels of land for the Partnership business and have contributed their respective shares in the aforesaid pieces of land as their capital contribution. The Promoter-Builders agree, declare and confirm that they shall, as and when required, convey their title in respect of the property described said pieces of land in schedule hereunder. AND WHEREAS favor of the Co-operative Housing Society that may be formed of the Purchasers of Flats in the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which 05 BUILDINGS COMPRISING OF 20 WINGS in the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now Complex to be known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First "RIVERSIDE GREENS" and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which if necessary all the assets, liabilities and obligations partners of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested firm, shall subscribe their respective signatures to such Conveyance, with a view to convey their right, title and interest in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 respect of the Companies Act, 1956 for sanctioning of building/s and the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063land underneath.

Appears in 1 contract

Sources: Agreement for Sale

AND WHEREAS. any terms or conditions, contrary to this Deed of Conveyance, agreed or offered orally and /or in writing or through brochure/media in between or among the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application parties hereto shall be deemed to have been waived, modified, rectified and/or amended. NOW THIS INDENTURE WITNESSETH that in pursuance to the aforesaid Agreement and in consideration of the vendors in respect said sum of Rs. /- (Rupees only) paid by the Purchaser(s) to the Owner/Vendor and/or the Developer herein, the receipt whereof the Owner/Vendor and/or the Developer herein doth hereby and also by the receipt hereunder written admit and acknowledge to have received and of and from the same and every part thereof the Owner/Vendor and/or the Developer herein doth hereby release acquit exonerate and discharge the Purchaser(s) and the Said Property hereby conveyed and the Owner/Vendor and/or the Developer herein, doth hereby grant, sell, convey, transfer, assign and assure unto and to the use of the property described in schedule hereunderPurchaser(s) ALL THAT Unit No. AND WHEREAS on the said floor measuring about Sq. Ft. Built up area and/or Carpet Area and/or Sq. Ft. Super built up area and right/amenities to use open/covered car parking space on the ground floor for parking of medium sized car at Premises ▇▇. ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind , P.S. Gariahat, Kolkata 700 019, ▇▇▇▇ No. 068, District 24 Parganas (South), more fully and particularly described in the SECOND SCHEDULE hereunder written and together with right to use the common parts, portions, areas and facilities as mentioned in the THIRD SCHEDULE hereunder written but subject to observing and performing the terms, conditions, covenants and restrictions as contained in the FOURTH SCHEDULE hereunder written and also subject to making payment of proportionate cost charges and expenses as mentioned in the FIFTH SCHEDULE hereunder written and all rights, lights, liberties, easements, privileges, appendages, paths, passages, drains, sewers, water courses, structures, fixtures, tenements, premises and hereditaments belongings to or in any way appertaining to the Said Property and every part thereof or usually held or enjoyed therewith unto and to the use of the Purchaser(s) herein absolutely and forever and the reversion or reversions, remainder or remainders and the rents issues and profits of and in connection with the Said Property and the Owner/Vendor and/or the Developer doth hereby deliver possession of the said property unto the Purchaser(s) and the Owner/Vendor and/or the Developer doth hereby covenant with the Purchaser(s) that NOTWITHSTANDING any act, deed, matter or thing by the Owner/Vendor and/or the Developer and/or their/its predecessor-in- interest done, omitted, executed or knowingly or willingly permitted or suffered or has been party to any act or contract to the contrary, the Owner/Vendor and/or the Developer hath good right, full power and absolute authority and indefeasible right, title and interest to grant, sell, transfer, convey, assign and assure the Said Property and every part thereof unto and to the use of the Purchaser(s) absolutely and forever. attachments, whatsoever or howsoever in respect of the Said Property in these presents. ALL THAT piece or parcel of revenue free land being Plot No. 5 measuring an area of 11 Cottahs 03 Chittaks and 32 Sq. Ft. a little more or less lying at and being portion of the Municipal Premises ▇▇. ▇, ▇▇▇▇ ▇▇▇▇, in Ballygunge, in the Suburbs of the town of Calcutta, comprised in Holding No. 30 (Old Nos. 4 and 5) and 28 (Old No. 7), in Sub-Division K, Division V, Dihi Panchanangram, Thana Ballygunge, within the local limits of the Calcutta ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ Parganas (South) and presently within the local limits of the Kolkata Municipal Corporation and now known and renumbered as Premises ▇▇. ▇▇▇▇, Goregaon ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, P.S. Gariahat, Kolkata 700 019, ▇▇▇▇ ▇▇. ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ (EastSouth), Mumbai – 400 063Assessee No. 110682200431 and butted and bounded in the following manner:- On The South : Partly by Premises ▇▇. ▇/▇, ▇▇▇▇ ▇▇▇▇ and ALL THAT piece and parcel of Unit No. measuring an area of Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Sq. Ft. super Built up area on the Floor of the said building lying and situate at Premises ▇▇. ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, P.S. Gariahat, Kolkata 700 019, ▇▇▇▇ No. 068, District 24 Parganas (South), together with right to use common parts, portions, areas and facilities and right/amenities to use open/covered car parking space on the ground floor of the said building. The said unit and car parking space has been shown and delineated in the map or plan annexed hereto and bordered “RED” thereon. 1. The Entrance Lobby and the Lobbies on each floor and the staircases from ground floor upto the top floor. 2. Overhead and Underground Water Reservoirs, Water Pump and the Distribution Pipes. 3. The Lift and the equipments and the Lift Machine Room. 4. Electrical wirings and fittings and fixtures for lighting the staircases, lobbies and other common portions and for operating the lift and pump and other equipments meant for common use. 5. The outer walls of the building including all projections and elevation. The boundary walls and the main gates. 6. The driveways on the ground floor excluding the side spaces to be allotted for parking of cars and for other specified purposes. The common spaces on the ground floor has been shown and delineated in the map or plan annexed hereto and bordered “GREEN” thereon. 7. Electric meter room, security guard’s room, notice board and places for other facilities and purposes as may be provided by the Owner/Vendor for common use. 8. Such other equipments, machineries and facilities as may be provided by the Owner/Vendor for common use. 1. That the purchaser shall not cause any obstruction or interruption in the construction of the Said Building or any part of the Said Building or any other parts of the Said Land nor shall claim any right whatsoever on or over the neighboring or adjacent flat/unit/ or any other area in the said building and/or the said land. 2. That simultaneously with the delivery of possession, the Purchaser has satisfied himself/themselves in all respect and all the liabilities of any nature whatsoever of the Owner/Vendor for any defect in any work of construction of the said unit or the building or relating to quality, quantity and materials used for construction shall stand ceased. If any addition or alteration or changes is required to be done relating to the said building at the instance of the Government, Municipality or any other public or statutory authority or the architect 3. That the purchaser shall neither be entitled to dispute in any way nor claim any amount on account of any bad workmanship or inferior quality of the materials used in the said building nor on account of any constructional defects in the said building or in the said unit. 4. That the Purchaser shall observe all rules regulations bye Laws framed from time to time by the Owner/Vendor and/or the Developer and/or Holding Organization for common purposes. 5. That the Purchaser shall pay all costs incurred by the Association/ Owner/Vendor for complying with the statutory requirements in respect of the said building and all other statutory dues payable in respect of the said building and the land and all litigation expenses incurred for the common purposes. 6. That the Purchaser shall make all deposits and shall pay all expenses incurred for electricity and other utilities consumed at the said unit. 7. That the Purchaser shall make the said payments and/or deposits within 7th day of each month for which the same shall become due in case of monthly payment and otherwise within 7 days of the Owner/Vendor’s and/or the Holding Organization’s demand. 8. That from here onwards, month by month and every month, the Purchaser shall pay to the Owner/Vendor, proportionate amount of costs, charges and expenses as mentioned in the FIFTH SCHEDULE hereunder written for the maintenance of the common portions and facilities, irrespective of the fact as to whether the common portions or facilities have been used by the Purchaser(s) or not. All maintenance related common letters/notices shall be affixed on the notice board and the same shall be deemed to be a good service upon the purchaser. 9. That all rates and taxes of whatsoever nature levied on the said unit shall be borne, paid and discharged by the purchaser and until the said unit is separately assessed, the purchaser shall pay the proportionate rates and taxes of whatsoever nature under any Act to the Owner/Vendor who shall pay the same to the concerned authorities. 10. That the Purchaser shall at all times permit the Owner/Vendor and/or the Association with or without its engineer and workmen during reasonable hours to enter into upon the said unit and all other portions of the building for the purpose of making, repairing rebuilding and for any other purpose as may be deemed necessary by the Owner/Vendor. 11. Any indulgence given or shown by the Developer/Association in enforcing the terms for payment of maintenance charges or any forbearance or giving any time shall not be construed as a waiver on the part of the Developer or Association of any breach or non- compliance thereof by the purchaser nor the same shall in any manner be prejudicial to the rights of the Developer/Association and in the event of non-payment of maintenance charges or other deposits or dues, the Developer/Association reserves the right to withhold or disconnect utilities example water, drainage, use of lift etc and the same shall be reconnected upon payment of entire dues. 12. The Owners/Vendors and/or the Developer shall be entitled to make any additional or further construction on the roof or any other portion of the Land and Premises (excluding the area of the unit hereby sold) irrespective of the fact that during such construction there may be some inconvenience and disruption of the common services and may 13. In case by the time the said unit is separately mutated in the name of the purchaser, the Owners/Vendors and/or the Developer shall not be obliged to take further consent for such additional construction and/or sanction and/or regularization. 14. In the event of any additional construction is made as aforesaid, the undivided variable impartible proportionate share in the land of the Purchaser shall stand varied and reduced to such extent but the Purchaser shall not be entitled to claim any damages, consideration, compensation or any amount for such reduction in undivided proportionate share in land. 15. The Owner/Occupier/Purchaser of the said additional constructed area shall be entitled to become the member of the Association upon its formation and enjoy all existing common facilities and services as will be enjoyed by all other purchasers of the building and similarly shall be liable to pay proportionate maintenance charges to the Vendor/Developer and/or the Association. 16. That the Purchaser shall not: i) Change the nature and character of the said unit by shifting or demolishing the interior walls, kitchen bath and privy. ii) Use the said unit in such manner or commit any act which may in any manner cause nuisance or annoyance to the other Buyers and/or owners and/or occupiers of the units in the said building and/or the neighboring properties. iii) Use the said unit or permit the same to be used for any purpose other than for residential purpose for which the same is meant and has been sanctioned by the Corporation and/or other authorities. iv) Allow the storage of any goods, articles or things in the staircase lobbies or other common parts of the said building or any portion thereof v) Shift or cause to be shifted any window and shall not open any new/additional windows without the consent in writing of the Owner/Vendor. vi) Bring or keep or store any inflammable or combustible goods, articles and things in or upon the said unit, except as may be required for domestic purposes. vii) Decorate the exterior of the said unit otherwise than in the manner the said unit will be delivered. viii) Display or put up any neon sign or other sign board on the outer walls of the said unit or any part of the said building without the consent of the Owner/Vendor / Association in writing. ix) Prevent or obstruct the Owner/Vendor / Association from erecting hoarding or other boards on the outer walls or roof of the said building. x) Throw or accumulate or permit the throwing or accumulating of any dirt rubbish or other refuses in the said unit or in any portion of the said building. xi) Claim partition or sub-division of the said land or the common parts of the said premises and/or the said building. xii) Carry on any obnoxious, nuisance, offensive, illegal or immoral trade or activities in the said unit or in any portion of the said building including the common parts. xiii) Use and permit the said unit to be used for any Hotel, Nursing Home, Brothel, Manufacturing or Processing Work, Hobby Center or Guest House or coaching centre. xiv) Paint on the outer grills, windows, doors and verandah with any other color except the color as recommended by the Owner/Vendor to have a better look in the entire building and premises. xv) Change the design or look of grills and windows in the said unit. xvi) Change name of the building, under any circumstances, even after handing over of the building in all respect including the maintenance thereof to the Owners/Purchasers/Occupiers/Association. xvii) In case the purchaser agrees to acquire the right/amenities to use car parking space, the purchaser doth hereby agrees and covenants as follows: a) That the purchaser shall not be entitled to make any construc- tion of any nature whatsoever in and around the said car parking space. b) That the said car parking space shall always be used only for the purpose of parking cars of the purchaser and his staff alone and not for any other purposes whatsoever. c) That the purchaser shall not be entitled to cover and/or make any boundary wall around the said car parking spaces and the purchaser shall have to allow free ingress and egress to the d) That the purchaser shall not be entitled to let out or transfer the said car parking spaces to any outsider except to the Unit holder of the same building. And once the Association of the Flat Owner is formed, only with the written consent of the Flat Owners Association. e) That the specific car parking spaces for the purchaser has been identified and earmarked. THE FIFTH SCHEDULE ABOVE REFERRED TO COMMON EXPENSES: 1. The expenses for maintenance, operating, white washing, painting, repairing, changing or replacing or shifting, redecorating, cleaning and lighting all the common portions including lift, generator, if any, common bath rooms, the outer walls of the building, parking spaces, boundary walls, stair case, roof, main gate and all other spaces for common use. 2. The expenses for maintenance, cleaning, changing replacing and/or shifting all types of pipes connections and other services under the building to be used for common purposes. 3. The expenses for supplying, providing purchasing, maintaining, renewing, replacing, repairing and keeping in good and serviceable order and condition all appurtenances fixtures and fittings, bins, 4. The cost of running generator, if any, and its repairing and replacement of the parts or complete replacement as may be required from time to time. 5. The cost of periodically inspecting, servicing, maintaining and insuring (save in so far as insured under other provisions hereto) the lift, lift shaft, stand by generator, if any, electrical and mechanical equipments and other apparatus, plants and machinery in the building. 6. The cost of supply of electricity, oil and/or fuels for all purposes in connection with the common parts and the provisions of services referred to herein. 7. The cost of employing such staff as durwans, sweepers and other staffs on pay roll or on contract basis as the Association may in its absolute discretion deem necessary for the performance of the duties and services in and about the building. The said duties and services and all other incidental expenditure in relation to such employment (including but without limiting the generality of such provisions), the payment of the statutory and such other insurance health pensio

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Govt. of West Bengal therein has a statewide mandate to provide larger supply of developed lands, the immediate focus area has been limited to the development of a planned town (hereinafter called the New Town, Kolkata) and the State Government in the Housing Department on behalf of West Bengal Housing Infrastructure Development Corporation Ltd., has acquired lands in the districts of North 24-Parganas and South 24-Parganas and has transferred such land to the West Bengal Housing Infrastructure Development Corporation Ltd, conferring the entire responsibilities of developing the infrastructure services therein and also the power to transfer lands by its way of sale to the individual persons, Co-operative Housing Societies, Corporate Bodies as well as Statutory Authorities as the case may be in order dated 27/9/1989 sanctioned & approved to develop New Town as a major hub for residential, industrial, institutional and cultural purposes etc. AND WHEREAS the Owners herein applied to West Bengal Housing Infrastructure Development Corporation Ltd., the VENDOR therein for purchase of a piece and parcel of land in the New Town, Kolkata so as to enable the PURCHASERS therein as well as the Owner herein to erect a building plans on application thereon for residential purposes after complying with all formalities for allotment of such land by the vendors in respect of West Bengal Housing Infrastructure Development Corporation Ltd., the property described in schedule hereunderVENDOR therein. AND WHEREAS the said West Bengal housing Infrastructure Development Corporation Ltd. has accepted their aforesaid proposal and sold, conveyed and transferred a plot of land measuring about 300.12 Sq. Meter be same or little more or less being Premises No. 15-093, in Street No. - (12 M. Wide) (Erstwhile plot No.AB-02 in Block No. AB) Category HIG (Individual –II) Situated in the New Town, Police Station – Rajarhat, District – North 24-Parganas, in favour of Sri ▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to , the Shia Muslim Law Owner herein by which virtue of one Deed of AND WHEREAS In pursuance of letter No. MP-I/HIDCO/ADMN/2004 dated 4/1/2005 WBHIDCO LIMITED delivered possession of the said ▇▇▇▇land measuring about 300.12 Sq. Metre be same or little more or less being Premises No. 15-093, in Street No. -93 (Erstwhile plot No. in Block No. AB-02) Category HIG(Individual –II) Situated in the New Town, Police Station – Rajarhat, District – North 24-Parganas, area more particularly described in the Schedule hereunder to ▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. for the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application smooth running of the vendors in respect said project, the Land Owner herein agreed to execute a Registered Development Agreement & Registered Power of Attorney, by which the property described in schedule hereunder. AND WHEREAS the said ▇▇Land Owner herein has appointed and nominated ▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Groups as his only heirs Constituted Attorney as well as the Promoter/Developer, to act on behalf of the Land Owner and legal representatives according also for entering into any agreement for sale in respect of the Developer's Allocation in the name and on behalf of the Owner and also to appear before any Registrar of Assurances, District Registrar, Sub- Registrar, Additional District Sub-Registrar or other offices or authorities haying jurisdiction on that behalf and to present and execute all deeds, instruments and writings for the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time purpose of his deathaffirm on that behalf Promoter/Developer may deem necessary, expedient and proper. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party Promoter/Developer herein, became entitled coming to know the facts of such desire of the Owner herein, has made a proposal in relation to the aforesaid development of the said property before the Owner. The Owner after necessary investigation and thorough understanding with the Promoter/Developer herein, has agreed to develop the said premises by the Promoter/Developer. Both the Parties hereto have mutually analysed, discussed, agreed and thereafter entered into a registered Development Agreement along with Developer Power of Attorney dated 05.03.2021, registered at D.S.R. - III, Alipore, South 24-Parganas and recorded into Book No.1, Volume No. 1603-2021, Pages from 41355 to 41394, Deed No. 160301612 for the year 2021 for the construction of a new Ground plus Four storied building with Lift facility upon the aforesaid property more particularly described as per the sanctioned building plan under certain terms and conditions as mentioned therein and in the First said registered Development Agreement along with Developer Power of Attorney the entire Developer’s Allocation and Second Schedules hereunderalso the entire Owner’s Allocation have been properly described. AND WHEREAS out of subsequently the said entire land more particularly described in Promoter/Developer has applied before the First Schedule of Property hereunder written, K.M.C. to sanction the building plan and a part/portion thereunder admeasuring 1982.25 sqGround plus Four storied building plan with Lift facility which has now been approved by K.M.C. vide sanctioned building Permit No. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 2022120467 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 06318.01.2023.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS while absolutely seized, possessed and enjoyed the said property with absolute interest and in peaceful possession, said Smt. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ died intestate for the convenience of use and on 18.11.1992 leaving behind mutual consent by a registered Deed Of Gift on 22.04.2015, being no. 01938 in the year 2015 gifted out her ownership in the bastu land measuring about 02 Cottahs 09 chittaks 11 sq. ft. more or less, with the right of title, easements and other interests related or incidental thereto, comprised within Mouja - ▇▇▇▇▇ , ▇ NO. - 14, appertaining to R.S Dag Nos. 3028 under R.S Khatian No. 2866 , at North Ghoshpara, under Police Station - Nischinda, District -Howrah, within the limit of Bally Nischinda Gram Panchayat , Pin Code No. 711227, and also within the jurisdiction of the District and Additional District Sub-Registrar, Howrah. to Smt. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and the said deed of Gift was duly registered in the office of the Additional District Sub Registrar at Howrah and is recorded in Book No. 1 CD Volume No. 4, Pages 5589 to 5606 as Being no.- 01938 for the year 2015 in the said office. AND WHEREAS while absolutely seized, possessed and enjoyed the said property with absolute interest and in peaceful possession, said Smt. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs for the convenience of use and legal representatives according to on mutual consent by a registered Deed Of Gift on 22.04.2015, being no.1939 in the Shia Muslim Law by which year 2015 gifted out her ownership in the said bastu land measuring about 02 Cottahs 09 chittaks 11 sq. ft. more or less, with the right of title, easements and other interests related or incidental thereto, comprised within Mouja — ▇▇▇▇▇▇▇, ▇▇ was governed NO. - 14, appertaining to R.S Dag Nos. 3028 under R.S Khatian No. 2866 , at North Ghoshpara, under Police Station – formerly Bally at present Nischinda, District - Howrah, within the time limit of his deathBally Nischinda Gram Panchayat, Pin Code No. AND WHEREAS by diverse Deeds 711227, and Assurances DESHMUKH ENTERPRISES now known as M/▇also within the jurisdiction of the District and Additional District Sub-Registrar, Howrah, to Smt. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ and the said deed of Gift was duly registered in the office of the Additional District Sub Registrar at Howrah and is recorded in Book No. 1 CD Volume No. 4, Pages 5607 to 5622 as. Being no.- 01939 for the year 2015 in the said office. AND WHEREAS, the said Smt. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ after such Gift of the Bastu land measuring about 02 Cottahs 09 chittaks 11 sq. ft., Goregaon (East)more or less, Mumbai – 400 063and reserving her ownership of the bastu land measuring about 02 Cottahs 09 chittaks 11 sq. ft. More or less, became the absolute owner of the Bastu, land measuring about 05 Cottahs 02 chittaks 22 sq. ft., more or less, with the right of title, easements and other interests related or incidental thereto and, having their said property free from all encumbrances, charges etc., and also having fully transferable right, like interest and ownership Easements and other rights in the said property, absolutely seized, possessed and enjoyed the said property by exercising all sorts of possession in respect of the said property without any interruption and disturbances from others and also mutated in her name as owner and occupier with rayati stitibum situation interest in the RS record of right and duly paid rents before the competent office under Govt. of West Bengal and duly paid rents before the competent office under Govt. of West Bengal.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has Company incorporated a Special Purpose Vehicle, by its order dated 27/9/1989 sanctioned & approved building plans on application the name and style of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE JAYPEE INFRATECH LIMITED, the Confirming Party herein, became entitled and has transferred the Project to JIL vide assignment Agreement dated October 19, 2007 executed between the Company, JIL and YEA read with Project Transfer Agreement dated October 22, 2007; AND WHEREAS the Confirming Party/▇▇▇ has assigned the task of marketing, construction and booking for sale including all required documents till the execution of Conveyance Deed in favour of the Borrower, for the apartments/plots/houses (hereinafter referred to as the “Units”) to be constructed in Wish Town Greens, to the Company and to develop the said property more particularly described in the First above land and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered construct various apartment blocks and other services as may be required for the widening of Units to the Ghodbunder Road Company. The Units are to be built by the Company and therefore, to be occupied by prospective purchasers on sub - lease / ownership basis. Other buildings which may house community and other facilities shall be constructed in accordance with the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in layout plan sanctioned by the Second Schedule of competent authority and shall be owned by the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. Confirming Party/JIL; AND WHEREAS the said partnership firm M/▇Borrower had applied to HDFC for a Loan to purchase Unit No. ▇▇▇▇▇▇▇▇ Enterprises _____________ having Plot/Super Area of approx. ________ Sq. Mtrs. (__________ Sq. Fts./Syd.) situated at Jaypee Greens, NOIDA (hereinafter referred to as the “Unit”), allotted to the Borrower by the Company vide Provisional Allotment Letter dated _____________ duly confirmed by the Confirming Party/JIL and Standard Terms and conditions of Allotment (hereinafter collectively referred to as the “DOCUMENTS OF ALLOTMENT”); AND WHEREAS based on the Borrower’s request HDFC has been converted into granted a Limited Company under Loan of Rs.__________/- (Rupees ____________________________________________ only) to the provisions of Companies ActBorrower (hereinafter referred to as the “LOAN”), 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations in terms of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in Loan Agreement dated _____________ (hereinafter referred to as the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in "LOAN AGREEMENT") duly executed by the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.Borrower;

Appears in 1 contract

Sources: Quadripartite Agreement

AND WHEREAS. by a Deed of Rectification/Declaration dated 23rd March, 2001 made between the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Governor of the vendors in respect State of West Bengal, therein referred to as the Lessor of the property described in schedule hereunder. AND WHEREAS First Part and the said Principal ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ , therein referred to as his only heirs and legal representatives according the Lessee of the Other Part, duly registered with the Additional District Sub-Registrar, Bidhannagar, in Book No. I, Vol No. 120, Pages 93 to 97, Being No. 2289 for the year 2001, thereby Clause 2 (vii) of the Original Lease Deed was amended and/or modified to the Shia Muslim Law by which extent that the said ▇▇▇Principal ▇▇▇▇▇▇ was governed at authorized to allow its sub-lessee(s) to construct built-up spaces and to grant second sub-lease of the time of his death. AND WHEREAS surplus floor area space to genuine entrepreneurs as may be approved by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. the said Principal ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out by a fresh Certificate of Incorporation issued by the Registrar of Companies, West Bengal, dated 20th October, 2009 the name of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that erstwhile Assignor changed from ▇▇▇▇▇ – SL Energy Systems Limited was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. changed to WEBSOL Energy Systems Ltd. AND WHEREAS the said partnership firm M/▇erstwhile Assignor for construction of B+G+19 storied IT Park Building at the Said Land has obtained a provisional No Objection Certificate being Memo. No. WBFES/848/11/ ▇▇▇▇▇▇▇▇ Enterprises -IT/60/06(67/06) dated 30th May, 2011 from the Department of Fire and Emergency Services, Government of West Bengal and also obtained various other approvals including environmental clearances inter alia for construction of a IT Park building. AND WHEREAS in order to obtain finance for working capital, the erstwhile Assignor obtained loans under various financing documents from Allahabad Bank and Federal Bank, with the consent of said Principal and the said Principal vide its letter dated 12th August, 2004 had also granted its no objection for creation of equitable mortgage or charge of the leasehold interest of the Said Land in favour of Allahabad Bank and Federal Bank. AND WHEREAS Federal Bank thereafter assigned its said loan along with the security of the Said Land in favour of Allahabad Bank and consequently the Federal Bank by its letter dated 13 th July, 2017 accorded satisfaction of its charge over the Said Land. AND WHEREAS the said loan of the Assignor with Allahabad Bank became irregular and in terms of Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act), the Authorized Officer of Allahabad Bank issued a Demand Notice dated 21st May, 2013 calling upon the erstwhile Assignor to repay the amount due and payable by it and mentioned in the said notice within 60 days from the date of receipt of the said notice. AND WHEREAS subsequently by an Assignment Agreement dated 18th February, 2016 Allahabad Bank has been converted into a assigned unto and in favour of the Assignee therein the loan disbursed under the financing documents including the security interests created over the Said Land absolutely and forever in favour of Invent Assets Securitisation and Reconstruction Private Limited Company (Invent). (Enforcement) Rules, 2002, the Authorised Officer of the said Invent took over possession of the Said Land in terms of Possession Notice dated 18th October, 2019. AND WHEREAS the Authorised Officer of the said Invent, in exercise of the powers conferred under the provisions of Companies the SARFAESI Act, 1956 2002, also published sale notice in Financial Express and Dainik Statesman on 20th December, 2019, to sell the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering Said Land under the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations provisions of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in Act of 2002 thereby inviting bids from the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court public at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063large.

Appears in 1 contract

Sources: Assignment Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to Owner has granted the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time development rights of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in Schedule I in favour of the First Promoters abovenamed vide an Joint Development Agreement dated 07/07/2016 and Second Schedules hereundera Power of Attorney of even date both duly registered at the Office of the Sub-Registrar Haveli No. 10 at Serial No. 10539/2016 and 10540/2016 respectively and by virtue of the said Joint Development Agreement / Power of Attorney they the Owner and Promoters jointly and collectively have the sole and exclusive right to develop the said property and to construct building/s thereupon comprising of commercial units therein and to sell the units in the said building/s to be constructed by the Promoters on the said property and to enter into agreement with the Purchaser/s of the such commercial units and to receive and proportionately appropriate sale price in respect thereof. AND WHEREAS by virtue of the aforesaid writings/indentures the Owner/Promoters have the sole and exclusive right to develop the said Project Land and to sell the units in the said building/s to be constructed by the Promoters on the said Project land and to enter into agreement with the Allottee/s of the Units and to receive sale price in respect thereof AND WHEREAS the Owners/Promoters are in possession of the said project land. AND WHEREAS the Pune Municipal Corporation has sanctioned the building layout and the plans for construction of the buildings for commercial units on the said project land vide Development Permission and Commencement Certificate No. CC/3353/15, dated 31/12/2015. AND WHEREAS the Collector of Pune, District Pune has issued his “NOC” vide his Letter dated 22/04/2016 bearing No. PMC/NOC/SR/30/2016 under the provisions of Section 42A (1) of the Maharashtra Land Revenue Code, 1966 in respect of the said Project Land. AND WHEREAS the Owners/Promoters are entitled and enjoined upon to construct buildings on the said project land in accordance with the recitals hereinabove; AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder Project Land an areas admeasuring 1982.25 sq1304.07 sq.mtrs. meters had been surrendered is earmarked and reserved for the Road widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoAmenity Space. AND WHEREAS vide Sanction/CC dated 31/12/2015 the Promoters proposed to implement on the said partnership firm M/▇. ▇▇▇project land a commercial complex under the name and style as “▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions Southcode” comprising of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇, Goregaon consuming an aggregate FSI/FAR of 2750.20 sq. mtrs. AND WHEREAS the Promoter propose to further sanction basement + ground + Mezzanine + 5 upper floors under revision of the aforesaid plan and as per DRC Rules. AND WHEREAS the Promoters have registered the Project "▇▇▇▇▇ Southcode" as an ongoing project under the provisions of the RERA ▇▇▇ ▇▇▇▇ with the Real Estate Regulatory Authority. at no ; authenticated copy is attached in Annexure ‘F.’ AND WHEREAS the Allottee/s has/have applied for and pursuant to mutual negotiations and discussions is offered a Commercial unit bearing number on the floor, (East), Mumbai – 400 063.hereinafter referred to as the said “Unit”) in the the Project named “▇▇▇▇▇ Southcode” (hereinafter referred to as the said “Building”) developed by the Promoters; AND WHEREAS the Owners/Promoters have entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects;

Appears in 1 contract

Sources: Articles of Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Vendor formulated a scheme for development of the vendors in respect SCHEDULE ‘A’ property into a residential apartment complex and secured Building Permit along with the sanction of plan from the Thripunithura Municipality bearing No.PW2-BA201/2010-11 dated 19/10/2011 and as renewed dated 27/10/2014, for the construction of the residential apartment complex on the SCHEDULE ‘A’ property described in schedule hereunderconsisting of Three towers A, B, and C having basement, ground , upper floors, common compound, entrances, lobbies, staircases, lifts, passages, helipad and club house. Tower A comprises of stilt floor plus 14 floors and has 56 apartments with 4 apartments on each floor. Tower ‘B’ and ‘C’ comprise a basement, stilt floor plus 26 floors and have 104 apartments each with 4 apartments on each floor. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ VENDOR got constructed a multistoried residential complex named as ”▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ” having 264 dwelling units (Apartments) of different sizes in Tower A, B and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according C. AND WHEREAS the Allottee / purchaser has applied to the Shia Muslim Law Vendor for allotment of dwelling unit of Modern Apartment 2BHK in the Tower ‘A’ by which filling the application form/master brochure of Vendor and on payment of the actual construction cost of the flat including the proportionate cost of land such as premium paid to the said ▇▇▇▇▇▇▇▇▇ was governed at authority, stamp duty and registration charges paid on the time of his death. AND WHEREAS by diverse Deeds deed mentioned herein above to the Vendor and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled Vendor has allotted to develop the said property Allottee / Purchaser dwelling unit/Flat No………, Door No.………………………) on the ……………….. Floor and measuring about ………………… sq.meters with Covered Car Parking space No… in the Basement/Stilt/Podium level hereinafter referred to as the ‘Apartment’ and more particularly described in the First and Second Schedules hereunderSCHEDULE ‘C’ hereunder written. AND WHEREAS out the Vendor is the owner of and otherwise well and sufficiently entitled to the said Apartments and the land underneath and appurtenant thereto as absolute property of the said entire land Vendor. AND WHEREAS the Vendor has at the request of the Allottee / Purchaser, decided to convey the right, title and interest in the flat/Apartment more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property SCHEDULE „B‟ AND „C‟ hereunder written and is shown surrounded within by way of sale at the red coloured boundary line cost on the Plan annexed heretoa NO PROFIT NO LOSS BASIS. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions ALLOTTEE/PURCHASER herein being desirous of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested owning an apartment in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇multi-storeyed residential complex named as “▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East)after being fully satisfied with the title of the Vendor to the SCHEDULE ‘A’ property and verifying the various sanctions and approvals secured by the Vendor and also being satisfied with the scheme of development of the SCHEDULE ‘A’ property, Mumbai – 400 063agreed to purchase ………………. undivided interest in the SCHEDULE ‘A’ property, more particularly described in the SCHEDULE ’ B’ hereunder and hereinafter referred to as the floor of the Tower-…….................... of “▇▇▇▇▇▇▇ ▇▇▇▇” with a super built up area of ………. Sq.meters bearing door No from the Thripunithura Municipality hereinafter referred to as the ‘Apartment’ including the proportionate share in the common areas and facilities. Also the right to use in common with other apartment owners, all the common amenities, areas and facilities like driveways, garden, open areas and other areas of common use within SCHEDULE ‘A’ property and staircase, lifts, lobbies, passages, and other areas of common use within the apartment block in which the Apartment is situated and the car parking area, more particularly described in the SCHEDULE ‘C’ hereunder written and the Vendor agreed to sell SCHEDULE ‘B’ ……………………………. only) of which Rs. /- for the ...............undivided share of land and Rs. /- for the apartment and all rights thereof.

Appears in 1 contract

Sources: Sale Deed

AND WHEREAS. the Thane Municipal Corporation DEVELOPER is itself is a highly reputed developer Partnership Firm in the sector of Development and Promoting of Land and allied works and having more experience, knowledge and skill to develop the same. So the OWNER of the First Schedule mentioned property gave offer to the DEVELOPER to develop the First Schedule properties as mentioned below. In response to that offer the DEVELOPER has accepted the same on definite terms and conditions to develop the property with a project for construction of a building residential cum commercial purpose. AND WHEREAS the OWNER and the DEVELOPER together entered into an Agreement for Development of the said proposed land and in pursuance of the said Agreement which was registered at the Office of the A.D.S.R., Burdwan and became Deed No. I-6968 for the year 2018 duly registered at Book No. I, Volume No 203-2018, (Page No. 130801 to 130891) registered before the office of the ADSR, Burdwan which is later on rescanned and renumbered vide P. No. 23/19 and became Deed No. I-121 for the year 2019 duly registered at Book No. I, Volume No 203-2019, (Page No. 8727 to 8817) registered before the office of the ADSR, Burdwan and in pursuance of the said Agreement the Developer started to raise and construct multistoried building comprised of Residential flats / residential unit / offices / shops/ commercial units / parking space on the basis of sanctioned building plan and by its order dated 27/9/1989 sanctioned & approved own power would carry out the process of transfer to intending purchasers of flats / residential unit / offices / shops/ commercial units / parking space comprising in the proposed building plans on application and would also realize the cost of construction of the vendors flats / residential unit / offices / shops/ commercial units / parking space and common parts from the intending purchaser and the cost of the proportionate share of interest in the land described in the “First Schedule” mentioned hereunder and as would be proportionate to each such flats / residential unit / offices / shops/ commercial units / parking space and common parts through its Partner as well as the Power of Attorney Holder for and on behalf of itself whereas the OWNER will represent herself and upon receipt of such payment from the intending purchasers the OWNER directly and through her agent, shall select or/and elect the intending purchasers for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said land as would be proportionate to each such flats / residential unit / offices / shops/ commercial units / parking space agreed to be acquired by the intending purchasers to the OWNER and DEVELOPER through its partner who would execute proper sale deed / conveyance deed in respect of the property described said undivided, impartible and indivisible interest in schedule hereunderthe land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of documents and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be executed by its Representative cum Managing Partner. Built Up area of Commercial Unit/Shop in this case means 40% (Approx.) (a little more or less) on and over the Covered Area. (G) Plus (+) Seven (7) Storied Residential Building consisting of several Flats and Parking Spaces. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according PURCHASER, being the party of the THIRD PART decided to the Shia Muslim Law by which purchase one flat whereas the said ▇▇▇▇▇▇▇▇▇ was governed at Flat being the time of his deathFlat No. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now “………………”, (Also known as M/▇Flat No. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder…………..) [Block No. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line B] on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.th

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of First Owners/Vendor and the vendors in respect of Second Owners/Vendor are hereinafter also jointly referred to as the property described in schedule hereunder“OWNERS/VENDORS”. AND WHEREAS the said Original Purchasers and the said Added Purchaser have from time to time paid the entire consideration amount to the respective Owners / Vendors. AND WHEREAS the said respective Owners/Vendors have duly paid off and satisfied the claims/dues of the State Bank of India, Ballygunge Branch, in respect of the accommodation/facilities availed from the said bank by each of them And they have got the First Property and Second Property fully released from the claim/mortgage the said State Bank of India, and the said bank duly released and returned the Original title deeds of the said First Property and the Second Property. AND WHEREAS the said First Owners/Vendor have also liquidated and paid off all the liabilities mentioned in paragraph 4(a) (b) (c) and (d) of the said agreement dated 28th December, 2005 out of the amounts from time to time received by them from the Original Purchasers and the Added Purchaser towards consideration money. AND WHEREAS the said Owners/Vendors have duly also fulfilled their obligations in pursuance of the said agreement dated 28th December, 2005 and also the agreement dated 29th July, 2009. AND WHEREAS the said Owners/Vendors have completely closed down their factory situated at the said premises ▇▇. ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ and premises ▇▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇▇▇ and they are completely out of any industrial activity and have completely dismantled their set up of the factory and laid off their entire workmen/workforce/ employees and sold their machinery, finished goods, raw materials and paid off their entire statutory dues towards provident fund, employees’ state insurance, workmen’s compensation and settled with the employee/workmen through the medium of the concerned Labour Unions; And they have also as recited hereinbefore, duly settled and paid off the liability of State Bank of India and got the mortgage released in their favour And the said Bank had freed and returned the original title deeds of the said two premises AND the said Vendors have also paid all the outstanding electricity dues of CESC Ltd, and the dues of creditors and they have also settled with the petitioning creditors in the winding up petitions; And the petitions for winding up have been dismissed and/or withdrawn and the said Owners/ Vendors have paid all municipal tax dues payable to the Kolkata Municipal Corporation for the said premises AND the title of the said First Property and the Second Property is marketable and free from all encumbrances charges mortgages AND the said Owners / Vendors were in a position to grant conveyances /sale deeds of the said two premises in favour of the said Original Purchasers and the said Added Purchaser in terms of the said Original agreement dated 28th December 2005 and further agreement dated 29th July 2009. AND WHEREAS the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited have decided to jointly develop and commercially exploit the said entire land of the said entire land of the said two premises and construct buildings containing self contained/independent Residential flats/commercial units for sale on the “OWN YOUR FLAT” basis to the intending buyers and to complete the purchase of the said Land of the said two premises by obtaining sale of fragmented undivided share in the land below the building containing the flat and attributable to the area of the respective flats and/or saleable area in favour of the intending buyers. AND the said Original Purchasers and the said Added Purchaser had duly expressed their said decision to the Owners/Vendors . AND WHEREAS the said First Property and the said Second Property are adjacent to each other and both premises jointly contained an area of 23 Bighas (as per title deeds) and the two properties on actual measurement have been found to contain a land area of 340 Cottahs 1 Chittack and 23 Square Feet (more or less). AND WHEREAS at the instance of the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, the said respective Owners/Vendors, by a Deed of Exchange dated 10th December, 2011 made by each of them, transferred 1 (one ) Cottah of land out of respectively owned property in favour of the other of them and the said Deed of Exchange has been duly registered in Book No. 1 as being No. 10740 for the year 2011 at the office of the Additional Registrar of Assurances-II, Kolkata and both the said premises have been amalgamated and recorded in the records of Kolkata Municipal Corporation as Municipal Premises ▇▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇ ▇▇▇, more fully described in the Schedule A hereinabove written. AND WHEREAS by a Deed of Confirmation dated 24th December, 2012, made between the said First Owners/ First Vendor, Second Owners/ Second Vendor, the Original Purchasers and the Added Purchaser, the parties have clearly recorded all the facts, incidents, and the several acts undertaken/done by the Owners/Vendors towards the discharge of their obligations and liabilities and fulfillment of their responsibilities enabling them to sell and transfer the said total land free from all encumbrances, charges and liabilities; And they have also thereby recorded subsequent arrangement/agreement with the Added Purchaser and the agreement of sale and purchase of the said total land in favour of all the Original Purchasers and the said Added Purchaser jointly free from all encumbrances, mortgages, charges, claims, liens, demands, liabilities, attachments, acquisitions, requisitions, alignments and lispendences whatsoever. AND WHEREAS as stated above, the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limitedcame into khas, vacant and peaceful possession of the said amalgamated premises (total lands) and they are entitled to obtain the conveyances thereof from the said Owners/Vendors for the consideration and on the terms and conditions stated in the said agreements dated 28th February, 2005 and 29th July 2009. AND WHEREAS the Owners/Vendors have received the payment of entire consideration money for the sale and transfer of the said lands of the said two premises (being at present the said amalgamated premises ▇▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, Goregaon ▇▇▇▇▇▇▇-▇▇▇ 039) and the Owners/Vendors have no claim or dispute of any nature whatsoever and they have made over the original title deeds of the said two premises to the said SGM Builders Pvt. Ltd. for self and on behalf of the other Co-Promoter.. AND the said Owners/Vendors have, as required by the said SGM Builders Private Limited, Banbury Homes Private Limited (EastPreviously Spectrum Sales Promotion Private Limited), Mumbai Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited, agreed to sell/transfer the said land in fragmented undivided shares attributable to the area of the respective self contained Residential/Commercial units in favour of the intending buyers as shall be required by the them with their full entitlement/authority to receive the full consideration money therefor and appropriate for themselves absolutely without any claim/dispute or right of the said Owners/Vendors. AND WHEREAS by an agreement of development dated 5th October, 2013 made between the said First Owners/Vendor of the first part and the said Second Owners/Vendor of the second part and the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and Flexwell Commerce Private Limited therein called the Developers of the third part and duly registered in Book No.,1, as being No. 09598 for the year 2013 with the Additional Registrar of Assurances 400 063I , Kolkata, the said First Owners/Vendor and the said Second Owners/Vendor have agreed with the said SGM Builders Private Limited, Banbury Homes Private Limited (Previously Spectrum Sales Promotion Private Limited), Bengo Sales Private Limited and Pleasant Niryat Private Limited alongwith one Nani Overseas Private Limited, G.D. Properties Private Limited, Rajputana Supply Private Limited, Brightways Merchants Private Limited and FlexwellCommerce Private Limited for the development of the said amalgamated premises on the terms and conditions stated therein.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. An initial LLP Agreement dated 20th Day of April, 2018 (hereinafter called LLP Original Agreement) was executed by and between the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Party of the vendors in respect First Part and Part of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according third Part, whereby they had agreed to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described form a LLP in the First name and Second Schedules hereunder. AND WHEREAS out style of the said entire land more particularly described in the First Schedule of Property hereunder written, a partM/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road s CIOPEDIA LLP (hereinafter referred to as LLP) to undertake various ancillary and therefore, the balance net plot area that was available for development was 8947.75 sq. meters other businesses to be carried over by LLP as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested specified in the said company Deshmukh Builders LLP agreement. The Outgoing Partner has given notice to the continuing Partners and Developers PvtLLP of his desire to resign from the said LLP as from 15.02.2021. Ltd. AND WHEREAS DESHMUKH BUILDERS The existing Partner have accepted the notice & DEVELOPERS PVT. LTD. filed a petition pass the necessary resolution in the Hon’ble High Court at Bombay meeting held on 15.02.2021 and in the Scheme interest of Amalgamation under Sections 391 and 394 business the existing Partner & Outgoing Partner have consented to admit, after receiving prior consent, Incoming Partner as a Designated Partner in place of the Companies Act, 1956 for sanctioning Outgoing Partner w.e.f 15.02.2021. NOW IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: The Agreement is supplemental to LLP Original Agreement and made between the partners of the Scheme LLP on the terms of Amalgamation which the mutual rights and duties of the Company herein with Modern Tiles Co. Pvtpartners and their rights and duties in relation to the LLP is determined. Ltd. having Existing partner of the LLP consent to the conveyance, transfer, and assignment of the LLP Partnership Interest by outgoing partner to the Incoming Partner and agree, Incoming Partner has become a Designated Partner in the LLP, having, to the extent assigned, the rights and the powers of a partner, subject to the restrictions and liabilities of a Partner. There is nothing due to the outgoing partner, since the company has incurred a loss since its registered office at ▇▇▇incorporation. The Contribution of the Incoming Partner may be tangible, ▇▇▇▇▇ ▇▇▇▇▇▇intangible, ▇▇▇▇▇▇▇▇ ▇▇▇▇moveable or immoveable property. It is declared that except as hereinafter provided the Retiring Partner shall not have and he hereby releases all his share, Goregaon (East)right, Mumbai – 400 063title and interest in the business of the LLP, its assets including goodwill, all licenses and permits held by the LLP, its outstanding dues and receivables and outstanding contracts, that the same shall belong to the Continuing and the Incoming Partner. The LLP Original Agreement shall as from the date hereof be deemed to have been modified to give effect to this Agreement and subject to such modifications shall remain in full force and effect.

Appears in 1 contract

Sources: Supplementary LLP Agreement

AND WHEREAS. the Thane Municipal Corporation Said Project is being developed pursuant to License No.63 of 2019 dated 05.06.2019 (hereinafter referred to as the “Said License”) granted by Director Town and Country Planning, Haryana, Chandigarh (hereinafter referred to as DTCP) for construction and development of an Affordable Group Housing Project on the said Land as per the Haryana Affordable Housing Policy, 2013, issued by Government of Haryana vide Town and Country Planning Department notification dated 19.08.2013 and all modifications and amendments thereunder, (hereinafter referred to as the “Policy”). While the License No. 63 of 2019 has by its order dated 27/9/1989 sanctioned & approved building plans on application been issued in addition to License no. 15 of 2016, the vendors in respect of said Project is being constructed as an independent project, while the property described in schedule hereunderlayout plan, zoning plan and environmental clearance issued qua both the licenses are common. AND WHEREAS the said ▇▇Company has got the building plans approved vide memo No. ZP-1129/JD(RM)/2019/28274 Dated 18.11.2019 from the office of DTCP, and as such the Said Project is being developed and constructed on the Said Land in accordance therewith. AND WHEREAS the Said Project is being developed by the Company in accordance with the aforesaid approvals and sanctions including environment clearance, as aforesaid, and other regulatory approvals and is being developed in terms of the Policy. AND WHEREAS the Said Project comprises of several buildings/towers consisting of various apartments along with common/support infrastructure, parking sites, and a community building (community hall, anganwadi-cum-crèche) in terms of the Policy including commercial building/Component. AND WHEREAS the Allottee acknowledged and confirmed that the Company has provided all information, clarifications and documents in relation to the sanctions, approvals and details of the Said Project as was demanded by him and he has fully satisfied with the same and had relied on his own judgement and investigation in deciding to apply for allotment of the Said Apartment (defined hereinafter) in the Said Project. AND WHEREAS the Allottee has applied to the Company for allotment of an Apartment in the Said Project vide his/her Application No. together with required affidavit and undertaking in terms of the Policy. AND WHEREAS pursuant to the aforesaid application, and in terms of the Policy, Apartment No ,in Tower , having carpet Area of & Balcony Area of (more specific layout shown in “Annexure-A” to this Agreement),on Floor, together with the One (1) two ▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ parking space (hereinafter referred to as his only heirs and legal representatives according the “Said Apartment”), in the Said Project, was allotted to the Shia Muslim Law Allottee vide Allotment Letter dated , in terms of the Policy and on other terms and conditions appearing hereinafter. The Company has since registered the Said Project under the provisions of the Real Estate (Regulation and Development) Act, 2016 read with the Rules notified there under by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time Haryana Real Estate Regulatory Authority, Punchkula on 24.10.2019 under registration no. HRERA-PKL-FBD-170-2019 of his death. 2019; Allottee(s) 02 Company AND WHEREAS by diverse Deeds the Allottee has seen, satisfied himself/herself/themselves and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDaccepted the plans, the Confirming Party hereindesigns, became entitled specifications, materials to develop the said property more particularly described be used, features in the First and Second Schedules hereunderconstruction etc. AND WHEREAS out of the said entire land more particularly described Project and further has already inspected all the licenses, plans, permissions, sanctions, approvals etc. received from the various authorities in relation to the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoSaid Project. AND WHEREAS the Allottee, after inspection of the site, documents, ownership records of the land, inter-related agreement including laws, bye-laws, rules, regulations formulated by the statutory authorities, which are applicable to the said partnership firm M/▇project and after having been satisfied with all the facts, has applied to the Company for allotment of the Apartment in the Said Project. ▇▇▇▇▇▇▇▇ Enterprises AND WHEREAS the Allottee agrees that he has been converted into a Limited Company full knowledge of the fact that the aforesaid allotment of the Said Apartment is subject to various eligibility criteria and restrictive covenants prescribed under the Policy. The Allottee represents and warrants that he/she fully meets all the eligibility criteria and undertakes to abide by all the terms and conditions of the Policy and undertake to abide by the applicable provisions of Companies the Policy and any other applicable laws, rules, regulations, bye-laws or orders made pursuant thereto or otherwise applicable including but not limited to the Haryana Real Estate (Regulation and Development) Act, 1956 2016 and Rules framed thereunder to the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063extent applicable.

Appears in 1 contract

Sources: Buyer’s Agreement

AND WHEREAS. the Thane Municipal Corporation has by parties mentioned in herein above have been carrying co-partnership business under the name and style of M/S Rolex Industries on the terms and conditions mentioned in the said deed of partnership dated 13/02/2003 having its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunderprincipal business at Rajkot. AND WHEREAS all the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to parties mentioned hereinabove, being the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out members of the said entire land more particularly described in the First Schedule of Property hereunder writtenco-partnership business, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening sake of smooth working, better and effective management and for the Ghodbunder Road purpose of furtherance and thereforedevelopment of its business, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described have unanimously decided to form into an incorporated company limited by shares to be registered in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under accordance with the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 Part IX of the Companies Act, 1956 for sanctioning (hereinafter referred to as the ‘1956 Act’) and have agreed that all the members of the Scheme of Amalgamation said co-partnership or joint stock company (meaning assigned to it as defined under section 566 of the 1956 Act) will abide by and be subject to the declaration and regulations contained in the Memorandum and Articles of Association. AND WHEREAS parties mentioned herein above, on the basis of their profit sharing ratio in the said partnership business or joint stock company, having mutually adjusted their rights and accounts in the said joint stock company so as to form an incorporated company to be registered in accordance with the provisions of part IX of the 1956 Act which shall carry on and continue the said business of the joint stock company. AND WHEREAS the parties mentioned herein above unanimously decided to get the firm, M/s Rolex Industries registered as a Company herein under the provisions of Section 565 to 569 of the 1956 Act so as to carry on and continue the business and to take over all the contracts along with Modern Tiles Co. Pvtall the assets and liabilities of the said partnership firm or joint stock company whether accounted for or not as on the date of incorporation of M/S Rolex Industries Private Limited. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.AND WHEREAS all the parties hereinabove in the said Co-Partnership or Joint Stock Company have mutually settled the shareholdings of the sub-scribed capital amongst themselves as the members of the said Joint Stock Company in the following manners: Sr. No. Name of Partner Paid Up Capital No. of Shares held %

Appears in 1 contract

Sources: Memorandum of Association

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application during continuance of the vendors in respect of the property described in schedule hereunder. AND WHEREAS said Development Agreement while the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind and also the Developer herein was started to proceed the process of construction meanwhile the said Owner ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇, died intestate on 10.08.2018 leaving behind him, his aforementioned legal heirs and successors being the Owners herein as his only legal heirs and successors to inherit the said property left by him according to Hindu Succession Act 1956, as such due to death of Owner ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ said registered Agreement for Development dated 07.02.2018 and registered General Power of Attorney for Development dated 07.03.2018 have automatically been cancelled and revoked. I) AND WHEREAS in the manner aforesaid, by way of succession the Owners herein are the lawful joint owners in equal share in respect of ALL THAT the piece and parcel of a plot of land measuring more or less 5 Cottahs 8 Chittacks 35 Sq.ft alongwith old single storied building thereupon, lying and situated in Mouza-Garfa, Touzi No.155, 10 & 12, R.S. No.2, ▇.▇.No.19 comprised in R.S.Dag No.1993/2475 and 1992 under ▇.▇. ▇▇▇▇▇▇▇ No.1244 & 142 under Police Station Kasba presently Garfa, within the limits of the Kolkata Municipal Corporation, ▇▇▇▇ No.106, Being KMC Premises No.▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇, under Assessee No.31-106-16-0370-4, District South 24 Parganas more fully described in the Schedule –A hereunder written and hereinafter referred to as the SAID LAND / PREMISES free from all encumbrances of whatsoever in nature. J) AND WHEREAS Owners herein further entered into a registered Agreement for Development on dated 02.01.2019 with his nominated ▇▇▇▇▇▇▇▇▇ as his only heirs being the Developer therein and legal representatives according also the Developer herein under the terms and conditions mentioned therein, the said Development Agreement duly registered in the Office of the DSR-III at Alipore and recorded in Book No.I, Volume No.1603-2019, Pages from 943 to 1004, Being No.00015 for the Shia Muslim Law by which year 2019 and also executed and registered a General Power of Attorney for development in favour of the said ▇▇▇▇▇▇▇▇▇ and the Developer herein, which was governed registered in the Office of DSR-III at Alipore on 03.01.2019 and recorded in Book No. I, Volume No. 1603-2019, Pages from 1886 to 1924, Being no.00041 for the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/year 2019 empowering the said . ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, and also the Confirming Party herein, became entitled Developer herein to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters act accordingly as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063recited therein.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Mr. Pratap ▇▇▇▇▇▇▇▇▇▇ died intestate ▇▇▇▇▇▇ sold the said land admeasuring 00 H. 01 R. i.e 01 ▇▇▇▇▇▇ out of Survey No.5 Hissa No.1B/1 (New Survey No. 5/39) lying and Gram Panchayat Keshavnagar & village Mundhwa, Taluka Haveli, District Pune to party of the first party i.e. M/s. Samarthshree Promoters & Developers vide sale deed dated 28/05/2014 which is duly registered in the office of Sub- Registrar Haveli No. 22 at ▇▇.▇▇. 4714/2014 on 18.11.1992 leaving behind dated 30/05/2014. AND WHEREAS the City Survey Officer No. 2, Pune has issued demarcation certificate vide N.Bhu. A.2/P.Bhu8/ Niyamit/Mor no.1384/2014 on dated 01/02/2014 to M/s Samarthshree Promoters and Developers through its partner ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ . AND WHEREAS That the present owner i.e M/s Samarthshree Promoters and Developers through its partner ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ has executed an Indemnity Bond stating therein that the said portion of land is free from all the encumbrances and they have not created any charge or mortgage on the said property or part thereof nor the said property is the subject matter of any litigation/dispute pending before any Court of Law. AND WHEREAS as per the above said orders and as result of conveyance in favour of Vendor/Promoter is entitled and enjoyed upon the construct buildings on the said properties in accordance with above said orders. AND WHEREAS Vendor/Promoter having been shown to be the owner of said property in the government and revenue records having right to develop, Goregaon to construct commercial project and dispose of the same, office, shops, units, terraces, balconies, amenity spaces etc. in the building to be constructed on the said properties. AND WHEREAS Vendor/Promoter i.e. M/s Samarthshree Promoters and Developers through its partner ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ got the proposed Layout plans duly approved from ADTP & Collector under commencement certificate bearing No. SaSamPa / 789 dated 12/02/2015. AND WHEREAS the Vendor/Promoter has proposed to construct the said property, including the building in project known as “ ▇▇▇▇▇▇ Capital ” comprising of G + 4 floors. AND WHEREAS by virtue of above said deeds, the party of the first part became the absolute owner of the said property and is entitled to develop the said property by constructing ownership building comprising of and to allot/sell commercial units, terraces, parking’s, etc. in the said building/s to be constructed or being constructed on the said property and to enter into agreement/s with the Purchaser/s of the units and to receive the sale price thereof as per the D.C. Rule of TP and necessary sanctions thereto. AND WHEREAS the Purchaser demanded from the Promoter and the Promoter has given inspection to the Purchaser of all documents of title relating to the said property, the plans, designs and specifications prepared by the Promoter’s Architect and of such other documents as are specified under the Maharashtra Ownership Units (East)Regulation of the Promoter, Mumbai – 400 063.Construction, Sale, Management and Transfer) ▇▇▇ ▇▇▇▇ (hereinafter referred to as “the said Act”) and rules made there under. AND WHEREAS the copy of the certificate of title issued by the Advocate of the Promoter is annexed as ANNEXURE ‘A’, copies of property card or extract showing the nature of the title of the Promoter to the said property on which the units are constructed or are to be constructed is annexed as ANNEXURE ‘B’ and the copies of the plans of the units agreed to be purchased by the Purchaser as approved by the concerned local authority is annexed as ANNEXURE ‘C’ have been annexed hereto and marked annexure ‘A’ ‘B’ ‘C’ respectively. AND WHEREAS the Promoter herein have entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the Agreements prescribed by the Council of Architects. Whereas the Promoter has appointed a Structural Engineer for the preparation of the structural design and drawings of the building/s and the Promoter accepts the professional supervision of the Architect and the structural engineer till the completion of the building/s. AND WHEREAS the Vendor/Promoter has got approved from the concerned local authority, plans, the specification, elevation, sections and details of the buildings. AND WHEREAS while sanctioning the said plan concerning the said local authority and or state government has laid down certain terms and conditions , stipulation and restriction which are to be observed and performed by the Promoter while developing the said property and building and upon due observance and performance of which only the completion and Occupation Certificate in respect of the said buildings shall be granted by the concerned local authority. AND WHEREAS Vendor/Promoter has accordingly commenced the construction of the said buildings in accordance with the above said sanctioned plans. AND WHEREAS the unit purchaser applied to the promoter for allotment to the unit purchaser commercial unit bearing No. on

Appears in 1 contract

Sources: Agreement for Sale

AND WHEREAS. the Thane Municipal Corporation Promoter has by its order dated 27/9/1989 sanctioned & approved building plans on application registered the Project under Section 5 of the vendors Real Estate (Regulation and Development) Act, 2016 (RERA) with the Real Estate Regulatory Authority at Ahmedabad, under Registration No._ dated . Authenticated Copy Is Attached in respect of the property described in schedule hereunderAnnexure ‘B’. (Hereinafter referred to as "The Said Act"). AND WHEREAS the Promoter is entitled and enjoined upon to construct building on the project land; AND WHEREAS the Vendor/Original Owner/Promoter i.e. AUM SHREYA REALTY LLP is in possession of the project land. AND WHEREAS the Allottee is offered a Flat No. , on the Floor Wing , in a scheme of “THE BELLAGIO” (herein after referred to as the said ▇▇▇▇▇▇▇▇▇ died intestate “Flat") of the Building called “THE BELLAGIO” (herein after referred to as the said “Building") being constructed by the Promoter. AND WHEREAS by virtue of the Deed of Conveyance the Promoter has sole and exclusive right to sell the Flat in the said building/s to be constructed by the Promoter on 18.11.1992 leaving behind ▇▇▇▇ ▇▇the project land and to enter into Agreement/s with the allottee(s)/s of the Flats to receive the sale consideration in respect thereof; AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects ▇▇▇▇▇ ▇▇▇▇ (Council of Architects (COA)) (▇▇▇.▇▇. CA/2012/54979) and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ of such other documents as his only heirs are specified under the Real Estate (Regulation and legal representatives according Development) Act, 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made there under and the Allottee if satisfied in respect of the same; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and Vll and XII or any other relevant revenue record showing the nature of the title of the Promoter to the Shia Muslim Law by project land on which the said ▇▇▇▇▇▇▇▇▇ was governed at Flats are constructed or are to be constructed have also been inspected by the time of his death. AND WHEREAS by diverse Deeds Allottee and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described is satisfied in the First and Second Schedules hereunder. AND WHEREAS out respect of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretosame. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises authenticated copies of the plans of the Layout as approved by the concerned Local Authority has been converted into a Limited Company under inspected by the provisions Allottee. AND WHEREAS the authenticated copies of Companies Actthe plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project has also been inspected by the Allottee, 1956 AND WHEREAS the authenticated copies of the plans and specifications of the Registrar Flat agreed to be purchased by the Allottee has been annexed and marked as Annexure ‘A’. AND WHEREAS the Promoter has got some of Companythe approvals from the concerned local authority(s) to the plans, Mumbaithe specifications, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. elevations, sections and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. ▇▇▇▇▇▇▇▇ Enterprises vested AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of Flat No. , on the Floor, in a scheme of “THE BELLAGIO” being constructed in the said company Deshmukh Builders Project more particularly described here in under at Second Schedule and Developers Pvtreferred to as “Scheduled Property” or “Said Flat”. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 carpet area of the Companies Actsaid Flat is _ square meters and "carpet area" means the net usable floor area of an Flat, 1956 for sanctioning excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area but includes the area covered by the internal partition walls of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063Flat.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. for the Thane purpose of construction of the said building a Building plan has been sanctioned from the Howrah Municipal Corporation vide B.R.C. No. 222/16-17 dated 13.02.2017 and accordingly the Developer / Confirming Party/ Third Part herein has by its order dated 27/9/1989 sanctioned & approved commenced construction of a multistoried building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ amalgamated LAND named as his only heirs and legal representatives according to the Shia Muslim Law by which “ANANDANIKETAN” as per the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. sanctioned building plan; AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDWHEREAS, the Confirming Party herein, became entitled to develop Developer herein from the Developer’s agreed allocated share as mentioned in the said agreement for development of the said property the Vendors as well as Confirming Party hereto has agreed to sell and/or transfer one self contained residential Flat being No. , measuring Square Feet including Super Built-up area, be the same a little more or less on the Floor, of the building, constructed over the First Schedule hereunder written and the said Flat is more fully and particularly described in the First SECOND SCHEDULE herein below written and Second Schedules hereunder. AND WHEREAS out of after knowing the same the Purchasers have proposed to acquire/purchase the said entire Flat, described in the Second Schedule hereunder written, together with the undivided impartible proportionate share, right and interest in the said land more particularly underneath described in the First Schedule together with all the common rights available therein at a consideration of Property hereunder writtenRs. /- (Rupees ) only i.e. Rs. /- per Square Feet, a part/portion thereunder admeasuring 1982.25 sqon the terms and conditions hereinafter contained. meters had been surrendered for That the widening measurement of the Ghodbunder Road Flat will be finalized at the time of delivery of possession and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in Purchasers shall be bound to pay the Second Schedule sale proceeds on the basis of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoactual measurement. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations The possession of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in Flat will be delivered to the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in Purchasers within 24-26 months, from the Hon’ble High Court at Bombay in the Scheme date of Amalgamation under Sections 391 and 394 execution of the Companies Actagreement. The Promoter and Allottee shall hereinafter collectively be referred to as the Parties" and individually as a “Party” DEFINITIONS: For the purpose of this Agreement for Sale, 1956 for sanctioning of unless the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.context otherwise requires:-

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. since then the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Vendor herein became the absolute owner of the vendors in respect said property and is now seized and possessed of and / or otherwise well AND WHEREAS Thus the said Vendor herein is became absolutely seized and possessed of and/or otherwise well and sufficiently entitled to the property described by virtue of purchase an absolute estate in schedule hereunder. AND WHEREAS fee simple possession to the said piece and parcel of land measuring about 301.09 Sq. Meter or 4.50 Cottah be the same a little more or less, being Plot No. CE/1/B/▇▇▇▇▇▇▇, ▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ and ▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ No. CE, Land – CE/1, Action Area – 1C, situated in the New Town, Police Station Rajarhat at present New Town, District - North 24-Parganas under Mahishbathan Gram Panchayat now within the jurisdiction New Town Kolkata Development Authority under Additional District Sub-Registration Office Rajarhat, New Town, fully described in the Schedule hereunder written and (hereinafter for the sake of brevity referred to as his only heirs and legal representatives according to the Shia Muslim Law by which the `said ▇▇▇▇▇▇▇▇▇ was governed at the time of his deathProperty'). AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled with a view to develop the said aforesaid property more particularly described in by raising construction of a G+IV storied building, the First Vendor herein prepared a Building Plan with the help of one reputed Architect and Second Schedules hereundersubmitted the same before the concerned Authority for necessary approval and after obtaining the Building Sanctioned Plan being Pin No. 0040018120191217 dated AND WHEREAS out the Vendor must obtain completion or occupancy certificate from the New Town Kolkata Development Authority of the said entire land more particularly described in building made against the First Schedule of Property hereunder written, Sanctioned Plan being Pin No. 0040018120191217 and as and when the same is collected from the New Town Kolkata Development Authority then handed over a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening copy of the Ghodbunder Road and therefore, Occupancy Certificate to the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoPurchaser herein. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions sanctioned building plan comprised of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested self contained independent flat/commercial space/shops/garage/car parking spaces in the said company Deshmukh Builders and Developers Pvtbuilding. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition the Vendor decided to sell the said residential flat, shops/commercial space/garage/car parking spaces in the Hon’ble High Court at Bombay said G+IV storied building in the Scheme of Amalgamation under Sections 391 and 394 said property to the intending Purchaser/Purchaser on ownership basis. AND WHEREAS the Purchaser/Allottee has taken inspection of the Companies Actabstracts of title as also the said sanctioned plan and specifications relating to the said property and the said building thereon and made themselves fully conversant with the contents hereof and has fully satisfied himself with the construction quality, 1956 for sanctioning the Title of the Scheme of Amalgamation of Vendor and the Company Vendor’s right to receive the entire consideration money which has been paid by the Purchaser to the Vendor herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063Together With proportionate undivided impartible and variable share interest and ownership in the land.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Building Plans sanctioned from the Bhubaneswar Municipal Corporation has by its order under letter No-48965, dated 27/9/1989 sanctioned & approved building plans 18/10/2022 and the project is also duly registered with Odisha Real Estate Regulatory Authority ( herein referred to as “ORERA” ), Bhubaneswar vide Certificate of Registration No. dated commencing for a period from and ending on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the DEVELOPER/PROMOTER/ BUILDER is interested to sell a piece of immovable property being the Flat No- , ( Floor, Manor- ) of the said ▇▇▇building more fully described in the schedule hereto. AND WHEREAS the purchaser i.e. vendee has agreed to purchase the said immovable property being the Flat No- , ( Floor, Manor- ) as more fully described in schedule. AND WHEREAS the intention of the party of first part is to sell the immovable property and the intention of the party of second part is to purchase the immovable property with absolute right, title, interest for which an agreement for sale dated , the terms and condition where of and the recitals made therein shall constitute and shall always be deemed to constitute an integral part of this deed of conveyance has been entered and there is no question of any contract or service in this agreement. AND WHEREAS the vendee expressed his/her desire to purchase undivided proportionate share and interest in the said schedule property measuring an area of A. Decs. ( sqft), along with the constructed Carpet Area of sqft, known and denoted as Flat No- , ( Floor, Manor- ) and one Car parking Space, more fully described in the schedule below with all hereditaments, easements for a consideration of Rs. (Rupees only) the purchasers have already paid the full price to the vendor, the receipt whereof the vendor ▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ admits and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to acknowledges being the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063consideration amount.

Appears in 1 contract

Sources: Sale Deed

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party hereinout of its allocation as per the aforesaid Development Agreement, became entitled being Document No.3669 for the year 2022, has now firmly and finally decided to develop allot the said property right to park cars in the Parking Spaces, being i) Parking No. measuring _ Sq.ft. at in Block- of the building and ii) Parking No. measuring Sq.ft. at in Block- of the building, more particularly described in the First and Second Schedules hereunderSchedule-A given hereinunder, for a valuable consideration of Rs. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto( Rupees ) only. VI. AND WHEREAS the Purchaser/s being in need of Schedule-A property in ownership in the locality where the aforesaid building is situated and after inspecting the documents of title of the Vendors to the said partnership firm M/▇land, site plan, sanctioned building plan, standard of workmanship in construction, quality of materials used etc. ▇▇▇▇▇▇▇▇ Enterprises as well as the construction of the said building till date and considering the price so offered by the Vendors as fair, reasonable and highest have agreed to purchase from the Vendors / Confirming Party the Schedule-A property with undivided common share or interest in the stairs, open space, toilet, water source and other fittings and fixtures and other common parts services of the building, free from all encumbrances, charges, liens, lispendens, attachments, mortgages and all or any other liabilities whatsoever with sole, absolute, exclusive, transferable and irrevocable right, title and interest for the Schedule-A property for a valuable consideration in total amounting to Rs. ( Rupees _ ) only. C. The said Land is earmarked for the purpose of constructing a basement plus ground plus seven storied residential cum commercial ( mercantile retail ) building (hereinafter referred to as “ Project ”) and the said building shall be known as “ White Nest ”. D. The Vendors / Confirming Party are fully competent to enter into this agreement and all the legal formalities with respect to the right, title and interest of the Vendors regarding the said land on which the Project is to be constructed have been completed. E. The [Please insert the name of the concerned competent F. The Vendors have obtained the final layout plan, sanctioned plan, specifications and approvals for the Project from the appropriate authority. The Vendors agree and undertake that they shall not make any changes to these approved plans except in strict compliance with section 14 of the Act and other laws as applicable. G. The Vendors / Confirming Party has been converted into a Limited Company registered the Project under the provisions of H. The Purchaser/s has/have applied for a flat and parking space in the Project and has/have been allotted the Schedule-A property, as permissible under the applicable law. I. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. K. The parties hereby confirm that they are signing this Agreement with full knowledge of Companies Actall the laws, 1956 rules, regulations, notifications, etc., applicable to the project. L. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter. M. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Vendors / Confirming Party hereby agree to sell and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇Purchaser/s hereby agree/s to purchase the Schedule-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063A property.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has out of said 8 Cottah 8 Chittak of land leaving 12 Chittak of land for adjacent road said ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ sold, transferred and conveyed 7 Cottah 12 Chittak of land in favour of CHATTERJEE CONSTRUCTION, a proprietary firm having its Office at Natun Pally, P.O. & P.S. – Sonarpur, Kolkata – 700150 represented by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereundersole proprietor ▇▇. AND WHEREAS the said ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind son of Late ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ a resident of Natun Pally, Middle Road, Sonarpur, Kolkata – 700150. And said Deed of Conveyance was executed on 10.08.2020 and Registered on the same date in Sonarpur Sub-Registry Office and recorded therein its Book No. 1, Volume No. – 1608, Page from 69849 to 69868, Being No. 2435 for the year 2020. ▇▇▇▇ ▇▇▇▇▇▇▇▇as his only heirs and legal representatives according to CONSTRUCTION the Shia Muslim Law by which the said Owner /Developer herein also mutated its name with Rajpur Sonarpur Municipality under Holding ▇▇.-▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ was governed at the time of his death▇▇▇▇▇, ▇▇▇▇ ▇▇ -12. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, CONSTRUCION the Confirming Party herein, became entitled Vendor/Developer herein with the intention to develop construct a G+III storied Residential cum Commercial Building upon the land morefully described in the FIRST SCHEDULE herein submitted a Building Plan to the concerned Rajpur Sonarpur Municipality and said Building Plan got sanctioned on 07.01.2021 vide Building Plan No. 152/CB/12/08. measuring carpet area --- sq. fit. built-up area ----- sq. fit. Super Built-up area sq. fit. be the same a little more or less situated on the -------side of the --------Floor of the said property more G+III storied building, hereinafter referred to as the “said Flat” morefully and particularly described in the First SECOND SCHEDULE hereunder written lying and Second Schedules hereundersituated on the land which is fully described in the FIRST SCHEDULE hereunder written. AND WHEREAS out by virtue of an agreement for sale dated ------- made between the Purchaser/Purchasers herein and the Vendor herein, the Purchaser/Purchasers herein agreed to purchase said Flat No. ----- measuring more or less carpet area --- sq. fit. built-up area ----- sq. fit. Super Built-up area -----sq. fit. situated at side on the -------Floor more fully and particularly mentioned in the SECOND SCHEDULE hereunder written together with undivided proportionate indivisible and impartible share of the land morefully and particularly mentioned in the FIRST SCHEDULE hereunder written together with the right to use the other common areas and facilities attached to the said entire land more property, free from all encumbrances, charges, demands, disputes, lispendences, acquisition and requisition whatsoever, but subject to observance of the terms and conditions and covenant hereunder written for and at a consideration price of Rs. (Rupees ) only and the Vendor agreed to such proposal being satisfied as the same was the highest market price. Floor, which is morefully and particularly described in the First Schedule SECOND SCHEDULE hereunder written and delineated in the Map or Plan annexed hereto bordered with RED colour, of Property the said building at a total agreed consideration of Rs. -----------(Rupees--------- -----------------------------) only together with proportionate share of land soil underneath and for whereupon the said building has been erected or constructed together with the right of common space, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other open spaces, common path of the properties necessary and convenient of its exit and entrance, maintenance for common use, motor pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection and the description of common facilities and common enjoyment and common parts and areas and rights, which has been mentioned more fully and particularly in the THIRD SCHEDULE hereunder writtenwritten with lawful aforesaid consideration price, a part/portion thereunder admeasuring 1982.25 sqand also undertake to pay all the common charges, fees, duties, levies, rents, impositions, outgoings etc. meters had been surrendered as may be required for the widening purpose of the Ghodbunder Road said flat and thereforealso for purposes of the said building with other owners, occupiers of the balance net plot area that was available for development was 8947.75 sq. meters building or flat/apartment holders thereto as is more fully and particularly described in the Second Schedule FOURTH SCHEDULE hereunder written. trust paid by the purchaser to the Vendor in the manner stated in the memo of consideration hereunder written, the receipt whereof the Vendor hereby admits and acknowledges and from the payment of the Property hereunder written same and is shown surrounded within every part thereof for ever acquit, release, exonerate and discharge the red coloured boundary line purchaser as well as the said flat along with the proportionate undivided undemarcated share and right, title and interest over the said land and premises with the facilities in common with other owner/owners or occupiers thereto. The Vendor do hereby grant, sell, transfer, convey, assign and assure unto the Purchaser ALL THAT one self contained Flat No.------ containing a carpet area --- sq. fit. built-up area ----- sq. fit. Super Built-up area -----sq. fit situated at ------ side, on the Plan annexed hereto. AND WHEREAS ---- ----Floor, of the said partnership firm M/G+III storied building of Holding ▇▇. ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇. 12 of Rajpur Sonarpur Municipality, ▇.▇.- ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇-▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ which is morefully and particularly described in the SECOND SCHEDULE hereunder written and hereinafter referred to as the said flat together with the undivided proportionae share of the land underneath together with easements, Goregaon (East)rights thereto and other rights, Mumbai – 400 063privileges, benefits, advantages, liabilities, liberties, duties in common with other having covenants conditions and stipulations etc. to enjoy and possess all common roads, passages, advantages thereto or reputed to belong to the estate, right, title, interest, claim and demand of the Vendor upto and upon the said land proportionately incurring proportionate expenses for the said common portion out of cost and expenses of the Purchaser/Purchasers and the other co-owners TO HAVE AND TO HOLD the same absolutely and forever in the manner aforesaid free from all encumbrances, charges, trusts, claims, demands over the said Flat No situated at - ----- side, on the Floor, of the said G+III storied building(SANDHA APPARTMENT) having right to use, occupy, own possess the said flat as mentioned in the SECOND SCHEDULE hereunder written exclusively with co-owners or occupiers of the building subject to the purchaser/purchasers paying and discharging taxes and impositions or outgoing for the same and common expenses as per imposed or levied for the said flat and other outgoings so long separate assessment is not made for the said flat in the name of the purchaser/purchasers.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Owners/Promoters have appointed a structural Engineer for the preparation of the vendors in respect structural design and drawings of the property described in schedule hereunder. buildings and the Owners/Promoters accept the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings or as may be mutually agreed provided, however, that the Owners/Promoters reserve the right to change the said Architect and Structural Engineers at any time before the completion of the Project; AND WHEREAS on demand from the Allottee/s, the Owners/Promoters have given inspection to the Allottee/s of all the documents of title relating to the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇project land and the plans, designs and specifications prepared by the Promoter's Architects Messrs A. Y. Chaudhary and of such other documents as are specified under the Real Estate (Regulation and Development) ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ (hereinafter referred to as "the said Act") and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs the Rules and legal representatives according Regulations made thereunder; AND WHEREAS the facts and circumstances pertaining to the Shia Muslim Law title of the Promoters as owners are set out / disclosed in the Certificate of Title dated issued by the Promoter’s Advocates’, , a copy whereof is annexed hereto as Annexure “A”; AND WHEREAS the authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoters to the said project land on which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds Unit/s is/are constructed or is/are to be constructed have been annexed hereto and Assurances DESHMUKH ENTERPRISES now known marked as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoAnnexure 'B'. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked Annexure C-1. AND WHEREAS the authenticated copies of the plans of the building/s as proposed by the Promoters and according to which the construction of the buildings and open spaces are proposed to be provided for on the said partnership firm M/▇project Land have been annexed hereto and marked as Annexure C-2. ▇▇▇▇▇▇▇▇ Enterprises has AND WHEREAS the authenticated copies of the layout plan of the Unit agreed to be purchased by the Allottee/s, as sanctioned and approved by the local authority have been converted into a Limited Company under annexed hereto and marked Annexure D. AND WHEREAS the provisions of Companies Act, 1956 and Promoters/Owners shall implement the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations construction of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested unit in accordance with the sanctioned/revised sanctioned building plans and specification, fixtures, fittings and amenities as agreed to and mentioned / enumerated in Annexure E written hereunder (the said company Deshmukh Builders and Developers Pvt“SPECIFICATIONS” for short). Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while developing the said project land and the said building and upon due observance and performance of which only the completion or occupation certificates in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 respect of the Companies Act, 1956 for sanctioning said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoters have accordingly commenced construction of the Scheme of Amalgamation said building/s in accordance with the said sanctioned plans. AND WHEREAS the carpet area of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇said Unit is square meter and "carpet area" means the net usable floor area of an unit, ▇▇▇▇▇ ▇▇▇▇▇▇excluding the area covered by the external walls, ▇▇▇▇▇▇▇▇ ▇▇▇▇areas under services shafts, Goregaon (East)exclusive balcony appurtenant to the said Unit for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Unit for exclusive use of the Allottee, Mumbai – 400 063but includes the area covered by the internal partition walls of the unit.

Appears in 1 contract

Sources: Articles of Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned Owner/ Vendor offered to sell and the Purchaser agreed to purchase ALL THAT the land measuring an area of 1 Cottah 11 Chittaks 20 Square Feet more or less comprised in C.S & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said R.S Dag no 521, C.S Khatian no 202, R. S Khatian no 685,▇.▇ ▇▇▇ no 1124 , L.R. Khatian No 525 of Mouja : Laskarpur , ▇▇.▇ No 57 Pargana: Magura, R.S No 174, Touzi no 3-5, Police Station : Sonarpur, Sub registry office at Baruipur, District then 24 Parganas now South 24 Parganas under ▇▇▇▇ died intestate on 18.11.1992 leaving behind No.31. of Rajpur Sonarpur Municipality together with structure standing thereon having an area of 450 Square Feet more or less with all right of easements attached thereto along with right of free egress and ingress, QQ. By a duly executed Deed of Conveyance dated 1st December, 2022 registered before the Office of District Sub Registrar-II, South 24 Parganas and recorded in Book No.I, Volume No.1602-2022, Pages from 575310 to 575348, being No.15877 for the year 2022 SRI ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇sold, transferred and conveyed unto and in favour of 1. SANJAY HOLDING PVT LTD 2. SKYVIEW DEVELOPERS PRIVATE LIMITED 3. VERDANT CONSTRUCTIONS LLP 4. SKYVIEW VERDANTPROJECTS LLP, 5..AMIT REALTORS PRIVATE LIMITED 2nd Schedule Part I (a) The Said Apartment, being Residential Apartment No. …………….., on the floor………….. having carpet area of ……………. square feet, covered area of square feet, maintenance chargeable area of ……………. square feet, more or less, in Block, in the complex named “VERDANT UNICORN”, to be constructed on a portion of land, The layout of the Said Apartment is delineated in RED colour on the Plan annexed hereto; (b) The Said covered garage/open parking space, being the right to park one private vehicle in parking No for a medium sized car in the ground Floor of any block in the Said Complex and/or the open space at the ground level of the Said Complex; (c) The Share In Common Areas, being the undivided, impartible, proportionate and variable share and/or interest in the Common Areas of the Project described in Schedule below, as his only heirs be attributable and legal representatives appurtenant to the Said Apartment, subject to the terms and conditions of this Agreement; and (d) The Land Share, being undivided, impartible, proportionate and variable share in the land underneath the Building, as be attributable and appurtenant to the Said Apartment. (Specifications) Construction to be made and equipment, fittings and fixtures to be installed and provided in the building shall be standard quality and according to the Shia Muslim Law by which plans and advice of the said ▇architect and including the following: 1. Windows: Aluminum/ UPVC with toughened glass. 2. Doors – Flush & laminated. 3. Doors Frame – High quality wood frames. 4. Door Handle – Godrej or Equivalent. 5. Flooring – Vitrified tiles in all flats. 6. Bathrooms Tiles – Antiskid. 7. Sanitary Fittings –Essco/ Jaquar 8. Plumbing – allocable as per MEP Plan 9. Wiring – Copper/ Finolex/ or Equivalent fire proof 10. Switches – Anchor/ ▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.or Equivalent

Appears in 1 contract

Sources: Agreement for Sale

AND WHEREAS. That upon purchasing the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned aforesaid land the Land Owners herein, duly mutated their names in the records of Block Land & approved building plans on application Land Reforms Office, Rajarhat vide L.R. Khatian Nos. 1993, 1994, 1995 & 1996, and since then is paying khajna thereof regularly as the absolute joint owners of the vendors aforesaid land, simultaneously also mutated their names in respect the records of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Municipality and the said municipal authority duly assessed the said land vide Holding No. AS/10/247/▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs /13-14, and legal representatives according is also paying taxes thereof to the Shia Muslim Law by which said municipal authority and is in possession and control of the Said Land and there is no encumbrance in respect thereof. That the said ▇▇▇▇▇▇▇▇▇ was governed at land owners duly appointed one reputed architect for drawing a sketch plan for submission before the time competent authority of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, Rajarhat Gopalpur Municipality for sanctioning building plans for a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered residential complex having provisions for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line Car Parking Spaces on the Plan annexed hereto. AND WHEREAS Ground Floor and self contained residential units/flats/shops on the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises upper floors having provision for all up-to-date facilities or amenities available thereat, and thus one building plan has been converted into a Limited Company under duly sanctioned by the competent authority of Rajarhat Gopalpur Municipality vide sanctioned Serial No. 1024/13-14 dated 17.02.2014 and the Developer have duly started construction of multistoried building and/or buildings in accordance with the provisions of Companies Actthe building plan (hereinafter for the sake of brevity called and referred to as "said building plan") That the Land Owners herein duly entered into a Development Agreement with one M/s. Shivoham Builders Pvt. Limited the Developer herein who has been deputed to construct multistoried building and/or buildings on the said plot of land implementing their all expertise and skill and vast experience behind them in respect of the concerned trade, 1956 under certain terms and conditions inter alia and the Registrar said development agreement was entered into by and between the parties on 15th day of CompanyOctober, Mumbai2013. That Land Owners and the Developer herein want to sale and purchasers herein wants to purchase all that dwelling flat/unit vide Flat No. …….. , Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.on… Floor,

Appears in 1 contract

Sources: Partnership Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Second Party being an experienced and financial capable developer approached to the Owner to enter into an agreement for developing the said property with a formulated scheme to do so and for that after having several discussions regarding the terms and conditions of the vendors in respect agreement, it has been settled that the terms and conditions of the property described agreement, should be fully embodied so that there should not be any confusion in schedule hereunder. AND WHEREAS the future towards the Agreement and Development of the said property However, the Developer shall start the construction of the new building after Plan sanctioned from the authority of Howrah Zilla Parishad. In this regard to construct the masonry building thereupon on the said property, the present owner entered into an Agreement for Development with ▇▇▇▇▇▇▇▇ died intestate CONSTRUCTION as Developer/ Promoter herein on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 12/10/2022 which is duly executed and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs registered before the District Sub-Registrar - II Howrah and legal representatives according recorded in Book No. I, Volume No. 0513-2022, Pages from 337302 to 337332, Being Deed No. 051312011 for the year 2022 and delegated the power to the Shia Muslim Law by which developer for smooth running of the work and allied incidents the above stated Owner and the Development of Power of Attorney after registered Development Agreement is duly executed and registered on 12/10/2022 before the office of District Sub-Registrar -II Howrah and recorded in Book No. I, Volume No. 0513-2022, Pages from 337333 to 337358, being Deed No. 051312016 for the year 2022. However, the developer shall start the construction of the new building after Plan sanctioned from the authority of Howrah Zilla Parishad, in this regard to construct the masonry building thereupon the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed heretoproperty. AND WHEREAS the said partnership firm M/▇Developer submitted building Plan for sanction to the Howrah Zilla Parishad, and got the sanction Plan vide Memo No. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under 384/032/HZP/PS dated 24/03/2023 from Howrah Zilla Parishad and on the provisions strength of Companies Act, 1956 and the Registrar Sanction Plan the Promoter started the construction of Company, Mumbai, Maharashtra has issued a Certificate building on the “FIRST SCHEDULE” mentioned property. AND WHEREAS immediately after the sanction of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. building plan and by virtue of which all the assets, liabilities and obligations strength of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested Development Agreement and Power of Attorney the Developer herein the party of the Second Part/Developer took over the possession of the said lands, constructed a Boundary wall thereon and has commenced construction of the building namely “CHARDHAM RESIDENCY” of four Block – A, B, C & D in accordance with the building plan sanctioned by the Howrah Zila Parishad and called upon the buyers interested in acquiring Flat/Flats/Unit/Units in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063building.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation Promoter/Developer has by its order dated 27/9/1989 sanctioned & approved building plans on application registered the project under the provisions of the vendors act with the West Bengal Housing Industry Regulatory Authority at registration no. ; on under AND WHEREAS by virtue of a registered agreement for sale dated ………….. registered in respect the office of the property described and recorded in schedule hereunderits Book. AND WHEREAS No. , Volume No. , pages from to , Being No. for the year made between the Purchaser herein and the Vendors/Owners herein and the Developer herein, the Purchaser herein agreed to purchase one self-contained flat being Flat No. …. having a carpet area of …… sq. ft. situated on the …… Floor on the …… side together with one ……… car parking space measuring more or less 120 sq. ft. in the Ground Floor of the said G+IV (Ground plus Four) storied building of the Said Building Project christened as “RAJWADA RADIANCE”, being erected at the Said Property being Municipal Holding No. 352, Uttar Kumrakhali, Mouza- Kumrakhali, Police Station- Sonarpur, Post Office - Narendrapur, within the jurisdiction of Rajpur Sonarpur Municipality, ▇▇▇▇ ▇▇. ▇▇, ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 24-Parganas, Goregaon together with undivided and indivisible proportionate share in the land underneath together with common rights, facilities and amenities and common service and expenses mentioned therein for and at a total price of Rs. …………/- (EastRupees …………….. only), Mumbai – 400 063hereinafter referred to as the “said Flat and Car Parking Space”, more fully and particularly described in the SECOND SCHEDULE hereunder written. AND WHEREAS in terms of the said agreement, the Owners/ Vendors and the Developer herein have agreed to sell and transfer one self contained Flat being No. …….. measuring more or less ……… sq. ft. carpet area situated at the …….. side on the …….. Floor more fully delineated in the map or plan annexed hereto hatched in colour RED together with one …… car parking space measuring more or less 120 sq. ft. in the Ground Floor of the said G+IV storied building of the Said Building Project christened as “RAJWADA RADIANCE”, being erected at the Said Property being Municipal Holding No. 352, Uttar Kumrakhali, Mouza- Kumrakhali, Police Station- Sonarpur, Post Office - Narendrapur, within the jurisdiction of Rajpur Sonarpur Municipality, ▇▇▇▇ ▇▇. ▇▇, ▇▇▇▇▇▇▇- ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 24-Parganas, at or for a valuable consideration of Rs. ……………./- (Rupees ……………….. only) and the same is more fully and particularly described in the SECOND SCHEDULE hereunder written together with undivided, indivisible proportionate share in the land describe in the First Schedule hereto alongwith proportionate share in the common spaces, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other open spaces, common path of the properties necessary and convenient to its ingress to and egress from, maintenance for common use, motor, pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection etc. which has been mentioned more fully and particularly in the Third Schedule hereunder written with lawful aforesaid consideration subject to the purchaser’s undertaking to pay proportionally all the common charges, fees, duties, levies, taxes, rents, impositions, outgoings etc. which are required for the purpose of the said premises and also for the purposes of the said building along with other owners, occupiers of the building or flat/apartment holders thereto as more fully and particularly described in the Fourth Schedule hereunder written. NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement dated ……………… and in consideration of the said sum of Rs. /Confirming Party do hereby grant, sell, transfer, convey, assign and assure unto the Purchaser ALL THAT one self contained flat being Flat No. …….. containing a carpet area of ……….. Sq. ft. situated at the …….. side on the ………. floor together with one ……. Car parking space measuring more or less 120 sq. ft. in the ground floor of the said G+IV storied building of the Said Building Project, being erected at the Said Property being Premises/Holding ▇▇. ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇- ▇▇▇▇▇▇▇▇▇▇, Police Station- Sonarpur, Post Office - Narendrapur, within the jurisdiction of Rajpur Sonarpur Municipality, ▇▇▇▇ ▇▇. ▇▇, ▇▇▇▇▇▇▇- ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 24-Parganas, Police Station and A.D.S.R. at Sonarpur, which is more fully and particularly described in the SECOND SCHEDULE hereunder written and hereinafter referred to as the “said Flat and Car Parking Space” together with the undivided proportionate indivisible share in the land described in the First Schedule hereto together with easements, rights thereto and other rights, privileges, benefits, advantages, liabilities, liberties, duties in common with other owners/occupiers having covenants conditions and stipulations etc. to enjoy and to have the right of user in common of all the roads, passages, advantages thereto or reputed to belong to the estate, right, title, interest, claim and demand of the Owners/Vendors into or upon the said land proportionately agreeing to pay proportionate expenses for maintenance of the said common portion and the other co-owners TO HAVE AND TO HOLD the same absolutely and forever in the manner aforesaid free from all encumbrances, charges, trusts, claims, demands over the said flat on the ………. Floor and the said car parking space at the Ground Floor of the said building having right to use, occupy, own possess the said flat and car parking space as mentioned in SECOND SCHEDULE hereunder written exclusively, subject to the Purchaser’s paying and discharging taxes and impositions or outgoings for the same and common expenses as per imposed or levied for the said Flat and Car Parking Space and other outgoings so long separate assessment is not made for the said Flat and Car Parking Space in the name of the Purchaser.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has Trust Deed dated October 09, 2009 was amended by its order mutual consent of both the Management Company and the Trustee vide First Supplemental Trust Deed dated 27/9/1989 sanctioned & approved building plans on application of September 07, 2010 registered with the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Sub- ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, under registration No. 150 of Book No. IV dated September 07, 2010 of the ▇▇▇-▇▇▇▇▇▇▇▇▇-▇▇, ▇▇▇▇▇▇ ▇▇▇▇, Goregaon ▇▇▇▇▇▇▇ and M.F. Roll No.U-54848/6657 of the Photo Registrar, Karachi dated 27- 09-2010 B. The Management Company has been authorized by the SECP vide its letter bearing reference No. ……….. dated attached herewith as Annexure “B” to constitute the Trust under the name and title of “NAFA SAVINGS PLUS FUND ” (Easthereinafter referred to as “the Scheme” or “the Trust” or “the Unit Trust” or “the Fund”) and to register this Trust Deed (“the Deed”), Mumbai – 400 063.pending authorization for the establishment, operation and registration as notified entity of the Scheme in accordance with the provisions of the Rules and Regulations and this Trust Deed; C. The Management Company has nominated and appointed Central Depository Company of Pakistan Limited as trustee of the Scheme and the Trustee has accepted such appointment upon the terms and conditions herein contained and the tariff structure for trusteeship as per Annexure “C” attached herewith; D. The SECP has also approved the appointment of the Trustee vide its letter bearing reference No. NBFC-II/AD/NSPF/……… dated September XX, 2009 attached herewith as Annexure “D”; 1. 1The Securities & Exchange Commission of Pakistan (the Commission) has approved the amendments to the Trust Deed, vide its letter No. NBFC/RS/JD-VS/NAFA/NSPF/564/2010 dated July 15, 2010 which is annexed hereto as Annexure “A”, which amendments are being hereby effectuated by this First Supplemental Trust Deed,

Appears in 1 contract

Sources: Trust Deed

AND WHEREAS. the Thane Municipal Corporation has LAND OWNER are desirous of developing the said premises by its order dated 27/9/1989 sanctioned & approved building plans on application demolition of the vendors existing building and constructing a multi- storied building in respect of accordance with the property described in schedule hereunderbuilding plan to be sanctioned by local Barrackpore Municipality. AND WHEREAS the said ▇▇. ▇▇▇▇▇▇ died intestate ▇▇▇▇▇ GHOSH is the owner of the land and property described in FIRST SCHEDULE and he entered into a Development Agreement for above mentioned land measuring about more or less 01 (one) Cottha, 8 (eight) Chittaks, out of 03 (three) Cottha as per deed, on 18.11.1992 leaving behind Dated 07/05/18, with the DEVELOPER herein which was duly Registered at the office of the Additional District Registrar Barrackpore, North 24 Parganas, being Deed No. 150502084, for the Year 2018, and also executed a Development Power of attorney on Dated 07/05/18, to the DEVELOPER herein which was duly Registered at the office of the Additional District Registrar Barrackpore, North 24 Parganas, being Deed No. 150502246, for the Year 2018. AND ▇▇▇▇▇▇ since then the ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ (LAND OWNER 03), possess all that piece and parcel of land measuring about more or less 01 (one) Cottha, 8 (eight) Chittaks, out of 03 (three) Cottha land with building thereon in R.S. Dag No 1800, under C.S. Khatian No 1, R.S. Khatian No 84, of Mouza -Chandanpukur, ▇.▇. ▇▇ 2, ▇▇.▇▇. No 15, Pargana Kalikata, Touzi No 108, under Municipal Jurisdiction of Barrackpore Municipality, ▇▇▇▇ No 06, Holding No 4(181/A/1) Barasat Road, Maszid More, A.D.S.R.O. Barrackpore, District - 24 Parganas (N), Kolkata – 700122. AND WHEREAS by the above said manner the LAND OWNER 03, herein became the owner of the above said property and he mutated his name in the records of Barrackpore Municipality in ▇▇▇▇ No. 06, Holding No. 4 (181/A/1), Barasat ▇▇▇▇▇ and , ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇herein after called the PREMISES, Goregaon (East)more fully and elaborately described in FIRST SCHEDULE hereunder written and he has been seizing, Mumbai – 400 063possessing and enjoying the same with full right, title and interest and without any encumbrances from any corner whatsoever till date.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. upon the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application aforesaid representation of the vendors in respect land owner and subject to verification of the property described title of the LAND OWNER concerning the said premises, the DEVELOPER has agreed to develop the said premises in schedule hereunderaccordance with the sanctioned building plan on the terms and conditions hereinafter appearing. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇ is the owner of the land and property described in FIRST SCHEDULE and he entered into a Development Agreement for above mentioned land measuring about more or less 02 cottha 12 chataks 00 square feet as per deed, on Dated 03.08.2018, with the DEVELOPER herein which was duly Registered at the office of the Additional District Registrar Barrackpore, North 24 Parganas, being Book No. 1 Volume No. 1505-2018, Pages from 104165 to 104203, being Deed No. 150503704, for the Year 2018, and also executed a Development Power of attorney on Dated 03.08.2018, to the DEVELOPER herein which was duly Registered at the office of the Additional District Registrar Barrackpore, North 24 Parganas, being Book No. 1 Volume No. 1505-2018, Pages from 107488 to 107510, being Deed No. 150503817, for the Year 2018. AND WHEREAS Landowners by virtue of the aforesaid Development Power Attorney the said Land Owners declare that they shall have no objection to the matter of realization of advance amount, ▇▇▇▇▇▇▇ money and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs entire consideration money from the intending purchaser of the flat by the developer and legal representatives according said land owner and developer have jointly represented before the purchaser that the said premises is free from all encumbrances and lispendens and authorized the developer and promoter to conclude and execute agreement for sale and deed of conveyance on their behalf by presenting the Shia Muslim Law deed for registration after development of property by raising multi storied building which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his deathowners ratified and confirmed. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. IT IS FURTHER AGREED AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063.DECLARED BETWEEN THE PARTIES AS FOLLOWS:-

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Competent Authority in office of the vendors in respect Chief Executive Officer, Haldia Development Authority, also granted permission to the First Part under Section 46 of the property described in schedule hereunderWest Bengal Town and Country (Planning and Development) Act, 1979 under Memo No. 2113 (112) / HDA /VII-L-53 / II(P-II) dated 19.01.2017, to develop the said land for residential uses. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate land thus became free from all encumbrances, charges, liens, lispendens, acquisitions, requisitions trusts of whatsoever and howsoever nature on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ the other hand it has been established lawfully and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to undisputedly that the Shia Muslim Law by which Owner has acquired good marketable title having constructive peaceful possession of the said ▇▇▇▇▇▇▇▇▇ was governed at land in its entirety which, in all respect, stands fit, suitable and ready for development for both commercial and residential uses even by way of construction of building and buildings in compliance with the time sanctioned building plans as sanctioned by the sole and only competent authority under the law. land into a multi-storied housing-cum-commercial complex by joint venture with a sufficiently reputed Developer or Promoter particularly having enough experience in construction of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITEDbuildings, the First Part met, approached, requested and proposed the Developer/Confirming Party herein, became entitled herein (for the sake of brevity hereinafter referred to as ‘said Third Part’) to accept his offer as well as proposal to develop the said property more particularly described in entire land into a multi-storied housing-cum- commercial complex by joint venture. By responding to said offer of the First and Second Schedules hereunder. AND WHEREAS out Part and, later, after verification of the title of the First Part in respect of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and thereforeland, the balance net plot area that Third Part was available for agreed with said proposal and offer of him and in a bid to start development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested land into a multi=storied housing-cum- commercial complex within a short date, both upon agreement on the terms and conditions which was settled on detailed discussions and in consultation with each other, said First Part and the Third Part immediately entered into a ‘Development agreement’ involving the said company Deshmukh Builders land and Developers Pvtsaid agreement was executed and registered with the A.R.A. III, Kolkata on 28th day of February, 2017, recorded in Book No. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVTI, Volume No. LTD1903-2017, Pages from 12749 to 12816, Being No. filed 190300375 for the year 2017, and, simultaneously, to empower and authorise legally and lawfully to the Third Part mainly to do and perform all works and partake in all development activities on behalf of him, the First executed a petition Power-of-attorney in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 favour of the Companies ActThird Part which was also registered with the ARA III, 1956 Kolkata on same date and recorded in Book No. IV, Volume No. 1903-2017, Pages from 26570 to 26600, Being No. 190301054 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063year 2017.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. upon the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application aforesaid representation of the vendors in respect land owner and subject to verification of the property described title of the LAND OWNER 03 concerning the said premises, the DEVELOPER has agreed to develop the said premises in schedule hereunderaccordance with the sanctioned building plan on the terms and conditions hereinafter appearing. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ MR. GOPAL ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇is the owner of the land and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ property described in FIRST SCHEDULE and he entered into a Development Agreement for above mentioned land measuring about more or less 01 (one) Cottha, 8 (eight) Chittaks, out of 03 (three) Cottha as his only heirs per deed, on Dated 04/07/18, with the DEVELOPER herein which was duly Registered at the office of the Additional District Registrar Barrackpore, North 24 Parganas, being Deed No. 150503186, for the Year 2018, and legal representatives according also executed a Development Power of attorney on Dated 04/07/18, to the Shia Muslim Law by DEVELOPER herein which the said ▇▇▇▇▇▇▇▇▇ was governed duly Registered at the time office of his deaththe Additional District Registrar Barrackpore, North 24 Parganas, being Deed No. 150503195, for the Year 2018. AND WHEREAS Landowners by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, virtue of the Confirming Party herein, became entitled to develop aforesaid Development Power Attorney the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area Land Owners declare that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. they shall have no AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under Purchasers approved the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations construction of the building which is nearing completion on the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested land and all amenities, fixtures and AND WHEREAS to record the terms and condition agreed by and between the parties hereto, the parties hereto have agreed to enter into an agreement (being these presents) in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063manner hereinafter appearing.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by Land Owner approached to OMEGA CONSTRUCTION (A partnership Firm) having its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said office at ▇/▇▇, ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ – 713205, Dist : Paschim Bardhaman the Developer and described the other part herein offered it to undertake the jobs of construction of G+3 (Three) building on the said land as per sanctioned building plan and investing necessary funds in thereof. AND WHEREAS the Developer accepted the said proposal of land Owners as per terms and conditions mentioned below and whereas the Developer shall be permitted to raise construction of G+3 residential building on the said land and to make agreement to self and/or to sell to intending buyers only for the Developer’s allocation of the new building as may be deemed first and proper by the Developer excepting the proportions of the newly constructed building which will be kept reserved for the land owners as per terms and conditions mentioned below :- AND WHEREAS the Land Owners and the Developer have agreed to the above proposals and are desirous of recording the said agreement and various terms and conditions to avoid any misunderstanding later on. Hence the parties herein agreed and record in writing with details of such terms and conditions mutually agreed to by the parties herein as below :- NOW THIS AGREEMENT WITNESSETH AND IT IS ▇▇▇▇▇▇ DECLARED AGREED BY THE PARTIES AS FOLLOWS :- BUILDING shall means maximum limit of floors consisting of as many as flats shops, Goregaon (East)garages etc to be constructed according to tbe plan including any modification and /or addition sanctioned by the Durgapur Municipal Corporation duly approved by the form time to time and to be constructed on the “said property” more fully and specially and specifically described in the First Schedule written hereunder, Mumbai – 400 063.and the said building hereinafter referred to as the SAID “BUILDING|

Appears in 1 contract

Sources: Agreement for Sale

AND WHEREAS. by responding to and accepting aforesaid proposal and offer of the Thane Municipal Corporation owner, said promoter was agreed to develop said land into said complex. Subsequently said owner and said promoter executed and entered into a ‘Development Agreement’ (for the sake of brevity hereinafter called and referred to as ‘said development agreement’) which was registered with the A.R.A. III, Kolkata on 28th day of February, 2017 and has been recorded in Book No. I, Volume No. 1903-2017, Pages from 12749 to 12816, Being No. 190300375 for the year 2017. Simultaneously said owner executed and grant a power-of-attorney (for the sake of brevity hereinafter referred to as ‘said power-of-attorney’) by its order dated 27/9/1989 sanctioned & approved empowering and lawfully authorising said promoter to do and perform all deeds, functions, works and activities as to be required and essential for development of said land into a residential-cum-commercial complex. Said power-of-attorney also was registered with the ARA III, Kolkata on the same day which has been recorded in Book No. IV, Volume No. 1903- 2017, Pages from 26570 to 26600, Being No. 190301054 for the year 2017. Photocopies of said ‘development agreement’ and ‘power-of-attorney’ are appended hereto being part and parcel of this agreement. AND WHEREAS said developer got the building plans sanctioned on application 19. 12. 2017 (hereinafter referred to as ‘said sanctioned plan’), granted by the sole and only competent authority in Tamralipta Municipality. Photocopy of said AND WHEREAS said promoter, meanwhile, started works towards development of said land particularly by way of constructions of buildings for commercial and residential uses in the complex in strict compliance with said sanctioned plans phase wise comprising several / multiple Blocks each having separate identifications specifying thereby necessary various markings (for sake of brevity hereinafter referred to as ‘said Designated Blocks’) whereof each said Blocks having separate different single units for uses exclusively for persons individuals in the manner as specified as aforesaid, viz., either for commercial or residential purposes (for sake of brevity hereinafter referred to as ‘said Designated Unit’) by payments of due considerations to the promoter. AND WHEREAS essentially the garages or car-parking-spaces in the complex shall be sold to persons interested by the promoter on receipt of due considerations to the tune of a sum of Rs.................../- (Rupees .................... Only) each from interested persons and, in that event, the persons shall own and acquire either a flat or commercial space being single unit along with a garage by payments of said due considerations to the promoter, he or she will be treated and differentiated as holding, owning and acquiring ‘a complete unit’ in the complex. AND WHEREAS admittedly and it is the matter of both record and fact that the owner shall be wholly and all the times represented lawfully by the promoter particularly regarding development of said land and till completion of the vendors complex with obtaining due completion certificate from the competent authority in the concerned municipality also with delivery of possessions of all designated units and other complete units in the complex by selling those to the prospective and intending buyers or purchasers by executions of due deeds or Indentures-of-conveyance to be registered by the competent Registering Authorities under the law positively on receipt of total considerations as fixed specifically aforesaid for said each designated unit and other complete units along with, definitely where it will be applicable, on receipt of considerations against purchase of garages by the prospective buyers or intending purchasers. AND WHEREAS thus the promoter is enough competent and sufficiently entitled to enter into and execute agreements for sale in respect of said designated units and other complete units with prospective and intending buyers and purchasers on receipt of due considerations as specifically fixed aforesaid also is lawfully entitled to sell said designated units and other complete units in the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according complex to the Shia Muslim Law buyers or purchasers by due processes of laws particularly by causing registrations of deeds and Indentures-of- conveyance which to be registered by the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063competent Registering Authorities.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application Owners / First Parties assured the Developer that the said Premises is free from all encumbrances, charges, liens, lispendens, attachments, trusts in any manner, save and except that Owners/ Vendors herein have exclusive possession of the vendors said Property; AND WHEREAS the Owners thereby expressed / approached their intention on appointing and engaging suitable Developer for development of their aforesaid property and thus the said Owners willfully proposed and requested to the said Developer for taking over the said plot / land with old building / structure exclusively for development and thereby built, construction of a newly multi-storied / project inter alia on the above mentioned said plot / land of the said Owners and after mutual discussion in between the Owners and the Developer made several searches and/or investigation regarding the right, title and interest of the said Owners and fully satisfied regarding the right, title and interest of the aforesaid plot of land as herein before recited and made itself satisfied towards title of the said property inter alia thereby has accepted the said offer of the land Owners and has agreed to develop the property of the said Owners and to construct the proposed multi-storied building/s upon the said landed property of the owners in respect of ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon and on the property described in schedule hereunderground floor measuring about 6656 square feet constructed area more or less and on the first floor measuring about 5720 square feet constructed area more or less at Premises No. AND WHEREAS the said ▇▇10/2, ▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ Street now known as ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇and Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata -700023, District : South 24- Parganas, within the limit of ▇▇▇▇ No. 76 under Borough No.-IX being Assessee No. 1107613000118 of Kolkata Municipal Corporation, along with all common and easement rights; AND WHEREAS that now the Owners herein have decided to develop their aforesaid plot of land ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon and on the ground floor measuring about 6656 square feet constructed area more or less and on the first floor measuring about 5720 square feet constructed area more or less at Premises No. 10/2, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Street now known as ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata - 700023, District : South 24- Parganas, within the limit of ▇▇▇▇ No. 076 under Borough No.-IX being Assessee No. 1107613000118 of Kolkata Municipal Corporation, along with all common and easement rights, and thus made negotiations and discussions the Owners and the Developer jointly have formulated a scheme to carry out the Development work of the plot of land as his only heirs aforesaid mentioned in the manner appearing; AND WHEREAS the Owners/ Vendors along with the Developer have entered into a registered Development Agreement dated 14.12.2020 which was registered on 17.12.2020 at the Office of the District Sub Registrar - I, Alipore, South 24 - Parganas and legal representatives according it was recorded in Book No. I, Volume No. 1601-2020, Page from 83502 to 83553, Being No. 160101761 for the Shia Muslim Law by which year, 2020 to carry out the Development work properly as per terms of the aforesaid Development Agreement, AND WHEREAS the Owners have also executed a Registered Development Power of attorney on 17.12.2020 in favour of the Developer for smooth running of the construction work over the First Schedule property and the said Development Power of attorney was registered at the Office of the District Sub Registrar - I, Alipore, South 24- Parganas and it was recorded in Book No. I, Volume No. 1601-2020, Page from 83639 to 83668, Being No. 160101765 for the year, 2020; AND WHEREAS after entering into the said Development Agreement and power of attorney the Developer herein had applied and obtained a building sanction plan for developing the aforesaid property i.e. ALL THAT piece and parcel of Bastu Land measuring about 11 Cottahs 09 Chittacks more or less along with partly two storied residential building standing thereon at Premises ▇▇. ▇▇/▇, ▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters Street now known as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ Dutta Sarani, Police Station Watgunge, P.O. Khiddirpore, Kolkata -700023, District : South 24- Parganas, within the limit of ▇▇▇▇ No. 076 under Borough No.-IX being Assessee No. 1107613000118, Goregaon (East), Mumbai – 400 063.which is morefully described in the schedule “First” below from the building department of the Kolkata Municipal Corporation Vide Building Permit No dated ; AND WHEREAS the Owners herein have mutually agreed and approached the Developer to specify their allocation as per terms and conditions of the earlier contract in the form of Development Agreement executed on 14.12.2020 and registered on 17.12.2020 duly represented by the Owners;

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. For the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application smooth running of the" said project, the vendors in respect Land Owners herein agreed to execute a registered Development Power of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law Attorney, by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds Land Owners herein have appointed and Assurances DESHMUKH ENTERPRISES now known as nominated M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders Promoters and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition as their Constituted Attorney and new Developer, to act on behalf of the Land Owners and also for entering into an agreement for sale in respect of the Developer's allocation after Execution of this Development Agreement in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 name and 394 on behalf of the Companies ActOwners and also for to appear before any Registrar of Assurances, 1956 District Registrar, Sub- Registrar, Additional District Sub-Registrar or other offices or authorities haying jurisdiction in that behalf and to present and execute all deeds, instruments and writings for sanctioning the purpose of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvtaffirmation, registration and giving declarations on our behalf and to do all other acts and deeds in that behalf developer may deem necessary, expedient and proper. Ltd. having its registered office at No. 2, L.R. Khatian No. 2547, 2548, 2549 and 2550, being Premises ▇▇.▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇- ▇▇▇▇▇▇, Goregaon (East)belongs to the Four Land Owners as mentioned herein above. AND WHEREAS being desirous of the promotion work of their said premises the OWNER/VENDOR by virtue of registered Development Agreement alongwith Development Power of Attorney dated 11.02.2022, Mumbai registered at DSR IV, Alipore recorded in Book No. I, Volume No.1603-2022, at Pages 81045 to 81092, Deed No. 160302329 for the year 2022, with the DEVELOPER, the party of the THIRD PART herein for making the construction and as the DEVELOPER, the party of the THIRD PART herein namely M/▇. ▇▇▇▇▇▇▇▇▇ PROMOTERS AND DEVELOPERS PVT. LTD., has developed as well as promoted the entire premises as described in the SCHEDULE 400 063‘A’ below. As per the said Development work it has been settled that the OWNER should obtain the Owner’s Allocation as mentioned in the SCHEDULE B of the said registered Development Agreement and the Developer’s Allocation has also been mentioned in the SCHEDULE D of the said registered Development Agreement.

Appears in 1 contract

Sources: Purchase Agreement

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇▇▇▇▇died intestate CONSTRUCTION represented by its sole proprietor ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ S/o Late ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ after complying all the rules and regulations being absolute owner of “Bohutal Abasan” land measuring 11 Cottah and complying all statutory rules and regulations of Rajpur-Sonarpur Municipality submitted and obtained Building Plan bearing Sanction No. SWS-OBPAS/2207/2023/2065 dated 16/09/2023 and started construction of a G+III storied Residential-cum-Commercial Building which is known as “▇▇▇▇▇▇▇▇ APARTMENT”. ----- sq. ft. Super Built-up area -----sq. ft. be the same a little more or less situated on 18.11.1992 leaving behind the ------- side of the Floor of the said G+III storied building, hereinafter referred to as the “said Flat” morefully and particularly described in the SECOND SCHEDULE hereunder written lying and situated on the land which is fully described in the FIRST SCHEDULE hereunder written Super Built-up area -----sq. fit. situated at ---------- side on the -------Floor more fully and particularly mentioned in the SECOND SCHEDULE hereunder written together with undivided proportionate indivisible and impartible share of the land morefully and particularly mentioned in the FIRST SCHEDULE hereunder written together with the right to use the other common areas and facilities attached to the said property, free from all encumbrances, charges, demands, disputes, lispendences, acquisition and requisition whatsoever, but subject to observance of the terms and conditions and covenant hereunder written for and at a consideration price of Rs. ------- ---------(Rupees ) only and the Vendor agreed to such proposal being satisfied as the same was the highest market price. is morefully and particularly described in the SECOND SCHEDULE hereunder written and delineated in the Map or Plan annexed hereto bordered with RED colour, of the said building at a total agreed consideration of Rs. -----------(Rupees ) only together with proportionate share of land soil underneath and for whereupon the said building has been erected or constructed together with the right of common space, passages, paths, water and water courses, drainages, sewerages, stair case, landing, boundary wall and other open spaces, common path of the properties necessary and convenient of its exit and entrance, maintenance for common use, motor pump, septic tank, water reservoir and tank, W.B.S.E.D.C.L. electricity connection and the description of common facilities and common enjoyment and common parts and areas and rights, which has been mentioned more fully and particularly in the THIRD SCHEDULE hereunder written with lawful aforesaid consideration price, and also undertake to pay all the common charges, fees, duties, levies, rents, impositions, outgoings etc. as may be required for the purpose of the said flat and also for purposes of the said building with other owners, occupiers of the building or flat/apartment holders thereto as more fully and particularly described in the FOURTH SCHEDULE hereunder written. NOW THIS INDENTURE WITNESSETH that In pursuance of the said agreement and in consideration of the said sum of Rs.----------------(Rupees ) only trust paid by the purchaser to the Vendor in the manner stated in the memo of consideration hereunder written, the receipt whereof the Vendor hereby admits and acknowledges and from the payment of the same and every part thereof for ever acquit, release, exonerate and discharge the purchaser as well as the said flat along with the proportionate undivided un-demarcated share and right, title and interest over the said land and premises with the facilities in common with other owner/owners or occupiers thereto. The Vendor/Developer do hereby grant, sell, transfer, convey, assign and assure unto the Purchaser ALL THAT one self-contained Flat No.------ containing a carpet area sq. fit. built-up area ----- sq. Ft. Super Built-up area -----sq. Ft situated at ------ side, on the -------- Floor, of the said G+III storied building of Holding No. 1533, ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ No. 12 of Rajpur Sonarpur Municipality, P.S.- Sonarpur, District-South 24 Parganas which is morefully and ▇▇▇▇ ▇▇▇▇▇ ▇particularly described in the SECOND SCHEDULE hereunder written and hereinafter referred to as the said flat together with the undivided proportionate share of the land underneath together with easements, rights thereto and other rights, privileges, benefits, advantages, liabilities, liberties, duties in common with other having covenants conditions and stipulations etc. to enjoy and possess all common roads, passages, advantages thereto or reputed to belong to the estate, right, title, interest, claim and demand of the Vendor upto and upon the said land proportionately incurring proportionate expenses for the said common portion out of cost and expenses of the Purchaser/Purchasers and the other co-owners TO HAVE AND TO HOLD the same absolutely and forever in the manner aforesaid free from all encumbrances, charges, trusts, claims, demands over the said Flat No. ---- situated at side, on the Floor, of the said G+IV storied building(▇▇▇▇▇▇▇▇ APARTMENT) having right to use, occupy, own possess the said flat as his only heirs and legal representatives according mentioned in the SECOND SCHEDULE hereunder written exclusively with co-owners or occupiers of the building subject to the Shia Muslim Law by which purchaser/purchasers paying and discharging taxes and impositions or outgoing for the same and common expenses as per imposed or levied for the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds flat and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop other outgoings so long separate assessment is not made for the said property more particularly described flat in the First and Second Schedules hereunder. AND WHEREAS out name of the said entire land more particularly described in the First Schedule of Property hereunder written, a partpurchaser/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East), Mumbai – 400 063purchasers.

Appears in 1 contract

Sources: Deed of Conveyance

AND WHEREAS. the Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said ▇▇▇▇ ▇▇▇▇▇, the daughter of Late ▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ inherited from his father all that piece and parcel of undivided Bastu land measuring more or less 7 Cottahs 13 Chittaks 17 Square Feet out of 15 Cottahs 10 Chittaks 34 Square Feet, comprised within holding ▇▇.▇▇ and ▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇ as his only heirs and legal representatives according to the Shia Muslim Law by which the said ▇▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Goregaon (East)▇.▇. shibpur, Mumbai – 400 063District-Howrah, within H.M.C. ▇▇▇▇ No. 41 and became absolute Owner in respect of the said property; AND WHEREAS the properties of the parties hereto have been amalgamated into one compact unit by virtue of a Deed of Declaration, which was registered in the Office of District Sub-Registrar at Howrah on 2nd August, 2011 and recorded in Book No.1, CD Volume No.16, Pages from 393 to 406, Being No. 06235, for the year 2011 and after amalgamation and after amalgamation they have jointly mutated their names in the Howrah Municipal Corporation and thereafter the holding ▇▇.▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ has been changed and now numbered as ▇/▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, P.S. Shibpur, District-Howrah; AND WHEREAS the present owners while possessing the aforesaid property peacefully on uninterruptedly till date being desirous of developing the property as mentioned in the First Schedule hereunder written by raising multi-storied building thereon for residential and partly commercial purposes, but in absence of experience and stringency of finance the present Owners are in search of a better sufficiently experienced and financially capable Developer who could do the needful construction on the said property as desired and expected. AND WHEREAS accordingly the Owners/Vendors herein have jointly entered into as Agreement for Development with the developer herein on 07/01/2015 which was registered in the Office of District Sub-Registrar Howrah and recorded in Book No.1, CD Volume No.12, pages from 3029 to 3058, Being No. 3459 for the year 2015 and simultaneously the Owners / Vendors herein executed a Development Power of Attorney in favour of the Developer / Confirming Party / Third Part herein empowering the Developer / Confirming Party / Third party herein empowering the Developer / Confirming Party / Third Part herein to commence construction of a multistoried building over the said property and to sell out the Flats / Units of the said building on his behalf and the said Power of Attorney was registered in the Office of District Sub-Registrar at Howrah and recorded in Book No.1, CD Volume No.12, pages from 4156 to 4171, Being No. 3460 for the year 2015.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. accordingly Land Owners offered the Thane Municipal Corporation has DEVELOPER to develop the said land by its order dated 27/9/1989 sanctioned & approved raising a new multi - storied building plans on application of the vendors “First” Schedule land. AND WHEREAS being offered so the Developer enquired about the VENDORS title and possession in respect of the property described in schedule hereundersaid land and on searching and inspection of documents ‘of title the DEVELOPER being satisfied regarding the title of the said land, accepted the offer and agreed to develop the said land on joint venture basis and the VENDORS and the DEVELOPER have come to a consensus with regard to Development of the said land on joint venture basis. AND WHEREAS the owners of the land i.e. ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇ (▇▇▇▇▇) entered into a Registered Development Agreement being No. 6986 for the year 2018, execution dated 16/08/2018, registered at the office of A.D.S.R, Burdwan, with the Developer “▇▇▇▇▇▇ INFRASTRUCTURES” and thereafter the said Land Owner i.e. ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇ (▇▇▇▇▇) also executed a Registered Development Power of Attorney, Execution dated 10-02-2020, being No. 1037 for the year 2020 at A.D.S.R., Burdwan, by which they appointed ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇as constituted attorney on their behalf of do all such acts and ▇▇▇▇ ▇▇▇▇▇ things as stipulated therein the Power of Attorney and they entered into a Development Agreement. According terms of agreement in between them as also the POA (Power of Attorney) granted in favour of ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to ▇, the Shia Muslim Law by which Developer got sanctioned building plan vide. sanctioned Plan being Regd No. 1481, dated 05/10/2018 for construction but in the said ▇name of ▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ & ▇▇, Goregaon ▇▇▇▇▇ ▇▇▇ (East▇▇▇▇▇), Mumbai – 400 063being sanctioned residential cum commercial building for construction of G + IV building with car parking space upon the property as mentioned above. AND WHEREAS by virtue of the said Agreement and as constituted attorney the DEVELOPER intended to sell and dispose of the FLATS, CAR PARKING SPACE and other spaces with undivided proportionate share in land in the newly constructed building. AND WHEREAS the PURCHASERS herein approached the Developer / Confirming Party with a proposal to purchase one residential Flat being No. .........” on the Floor, Measuring - ...................... sq. ft. (Super Built - Up Area) of the side along with proportionate share of land in the building more particularly described in the first schedule hereunder. AND WHEREAS the purchasers after inspecting the relevant papers of one residential Flat being No. .........” on the ................. Floor, Measuring sq. ft. (Super Built - Up Area) of the ....................... side TOGETHER WITH proportionate share of land in the building, approached the VENDOR/DEVELOPER for purchasing the same at a Total price of Rs. DEVELOPER accepted the proposal of the purchaser i.e. the SECOND PART.

Appears in 1 contract

Sources: Sale Agreement

AND WHEREAS. accordingly Land Owners offered the Thane Municipal Corporation has DEVELOPER to develop the said land by its order dated 27/9/1989 sanctioned & approved raising a new multi - storied building plans on application of the vendors “First” Schedule land. AND WHEREAS being offered so the Developer enquired about the VENDORS title and possession in respect of the property described in schedule hereunder. AND WHEREAS said land and on searching and inspection of documents ‘of title the DEVELOPER being satisfied regarding the title of the said land, accepted the offer and agreed to develop the said land on joint venture basis and the VENDORS and the DEVELOPER have come to a consensus with regard to Development of the said land on joint venture basis. “▇▇▇▇▇▇ INFRASTRUCTURES” and thereafter the said Land Owner i.e. ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇ (▇▇▇▇▇) also executed a Registered Development Power of Attorney, Execution dated 10-02-2020, being No. 1037 for the year 2020 at A.D.S.R., Burdwan, by which they appointed ▇▇▇▇▇▇▇▇▇ died intestate on 18.11.1992 leaving behind ▇- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇as constituted attorney on their behalf of do all such acts and ▇▇▇▇ ▇▇▇▇▇ things as stipulated therein the Power of Attorney and they entered into a Development Agreement. According terms of agreement in between them as also the POA (Power of Attorney) granted in favour of ▇▇▇▇▇▇▇▇▇ as his only heirs and legal representatives according to ▇, the Shia Muslim Law by which Developer got sanctioned building plan vide. sanctioned Plan being Regd No. 1481, dated 05/10/2018 for construction but in the said ▇name of ▇▇▇▇▇▇▇▇ was governed at the time of his death. AND WHEREAS by diverse Deeds and Assurances DESHMUKH ENTERPRISES now known as M/▇. ▇▇▇▇▇▇▇▇ BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said property more particularly described in the First and Second Schedules hereunder. AND WHEREAS out of the said entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in the Second Schedule of the Property hereunder written and is shown surrounded within the red coloured boundary line on the Plan annexed hereto. AND WHEREAS the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises has been converted into a Limited Company under the provisions of Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.▇▇-▇▇▇▇▇▇▇ of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said partnership firm M/▇. ▇▇▇▇▇▇▇▇ Enterprises vested in the said company Deshmukh Builders and Developers Pvt. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Hon’ble High Court at Bombay in the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ & ▇▇, Goregaon ▇▇▇▇▇ ▇▇▇ (East▇▇▇▇▇), Mumbai – 400 063being sanctioned residential cum commercial building for construction of G + IV building with car parking space upon the property as mentioned above. AND WHEREAS by virtue of the said Agreement and as constituted attorney the DEVELOPER intended to sell and dispose of the FLATS, CAR PARKING SPACE and other spaces with undivided proportionate share in land in the newly constructed building. AND WHEREAS the PURCHASERS herein approached the Developer / Confirming Party with a proposal to purchase one residential Flat being No. .........” on the Floor, Measuring - ...................... sq. ft. (Super Built - Up Area) of the side along with proportionate share of land in the building more particularly described in the first schedule hereunder. AND WHEREAS the purchasers after inspecting the relevant papers of one residential Flat being No. .........” on the ................. Floor, Measuring sq. ft. (Super Built - Up Area) of the ....................... side TOGETHER WITH proportionate share of land in the building, approached the VENDOR/DEVELOPER for purchasing the same at a Total price of Rs. DEVELOPER accepted the proposal of the purchaser i.e. the SECOND PART.

Appears in 1 contract

Sources: Sale Agreement