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·:: .. ;Y:···:

31; I.':<·}£

THIS

OF SALE

..........

<6f:D;.~~\r4'on e-

-. ~--- -">----~~ .

INDENTURE

mad e th i s '.1t St"d ay

nine htmd,. edn in ety eight BETWEEN ( 1) MRS CHRISTINE

,

!A;i fe

o "fMr .M i c ha e-l

Fernandes, ·(2)

son

Banerjee Rbad~ .. Suit No.8'2hd floor Calcutta-700013. f

I . . . . ..

erei naf te r 30 i r1 t 1 yea 11 edthe- "VENDQ,8." ( Whi"chexpressiol1< sha 11 .: .

. . ..

t:tnl t~ss-:; e-xe hIded" by and/or repLlgnant to the- conte:-:t·· mean and· ..... ' .. '

include their. respective he-ir-s, legal repr-esentativ€'s.· .. execLttors.,. administrators .ass±gns} of the ONE;. PAliI ANDt1R.;.; S • .:.&~LANsonof

Shri P.V. Subramani Iyer~ residing atNO"N~3, !"IIG Flats,< Phase

!I~Niva .. :::..;-\ ..

~ .

·£--184

hereinaiter referred t!

A) One M/~"

No.1/79 ,No.l

a piece of

situate and

mare, P.O.

<.: .

schedule ,tA

to as the S

B) By ant

1,997 duly

vendar' he

that one

!\\O.HE/3,

-2~'

hereinaft2r

referred

Which

e xp ress ion

shall unless excluded by and/or repugnant to the context mean and

include

his

heirs

legal

representat i v e s ,

e>:ecutors

administrators, assigns

of the Q"THt;;R PA8.I.5

WHEREAS :

A)

One

t·Vs.

Suvada

Land

~( Housing

Project

a

registered

Partnership

firm having

its'

office

at

No.1/79

~ Naktala ~ Calcutta-70S 047 was the

sale

and

absolute o: .. lner of Eui Iding "E" H. I .G. having groLtnd pILlS

three floors, consisting of eight flats, constructed on

a pi E'ce

of

land measuring an area of

4

cottahs,

14

chittacks 30 sq.ft.

the area be a little more or less,

situate

and lying

at Niva Park,

Br ahmapu r ~

Badamtala

more~

P.o.

Garia~ P.S. Regent Park,

Calcutta-700 084

\<)i thin

CMC

Ward No.lll, morefully mentioned

in

the

Schedul e "A" hereunder :,;Jri tten and here inafter

referred

to as the said premises.

B)

By and under Deed of Conveyance dated

2(-ith

March~

1997

duly registered at the office of the

Addl.

Dist.

Sub-Registrar

at Alipore in Book NO.1, Vol. No.

138

at

Pages

to 16 being No.3555 for the year 1997 the

said

SLtva,da

Land

and Housing Project

therein mentioned

as

the

vendor

sold conveyed

and

transferred

to

the

vendor herein therein mentioned

as

the pt..lrchaser

all

that

one

self

contained and

independent

flat

being

No.HE/3, on the first floor comprising of

TI<Jo-Bedrcoms,

Dinning-Cum-Drawing

room,

kitchen,

toilets,

and

verandah having a super built up area of 720 sq.ft.

the

i.nclltde

his

heir's

legal

rep r IE' s en tat i v e 5, ~

executor's

-2~

hereinafter referred

to as the P(JI3J~d:1ASE8."

Which expression

shall unless excluded by and/or repugnant to the context mean and

administrators, assigns ) of the QTHE£,~ PAST.

A)

One l"'lls.

Suvada Land & Housing

Project

a

WHEREAS :

registered Partnership firm having

its' office

at

No.ll79 ~ Naktala , Calcutta-70B 047 was the sale and

a piece of

land measuring an area of 4 cottahs,

14

absolute o\,,"er of Building "E" H.I.G. having ground plus

three floors, conSisting of eight flats, constructed on

chittacks 30 sq.ft. , the area be a little more or less,

situate

and lying at Niva Park,

Brahmapur,

Badamt a1 a

\>1 i t h i r'! C!'1C

Ward No.lll, morefully

mentioned in

the

more, P.O.

Garia~ P.S. Regent Park,

Ca 1 ell t t a-7(-i(j

1)84

Schedule "A" hereunder \.!ritten· and hereinafter referred

to as the said premises.

B) By and under Deed of Conveyance dated 20th March,

--.,.

J

1997 duly registered at the office of the Addl.

Dist.

Sub-Registrar at Alipore in Book NO.1, Vol. No. 138 at

Pages I to 16 being No.3555 for the year 1997 the said

Suvada Land and Housing Project , therein mentioned as

the vendor

sold conveyed

and transferred to the

vendor herein therein mentioned

as the purchaser ,

all

that one self contained and

independent flat being

No.HE/3, on the first floor comprising of Two-Bedrooms,

Dinning-Cum-Drawing room,

kitchen~

t \",0 to i 1 e t s ,

and

verandah having a super built up area of 720 sq.ft. the

:"':.'y;.'''';.'N:'';.·,;

be

little more or less~ in

the

Building

"E"

H.I-G.

constructed

on

part or

portion

of

the

land

described

in

Schedule

"A" situate and lying

at

Niva

Park~ Brahmapur Badamtala more, P.O. Garia, P.S.

Regent

Calcutta-700 084

together with

proportionate

undivided and undemarcated share or interest in the land

comp rieed

in

the premisE's described

in

schedule

"A"

herein

on the terms and conditions duly stated

in

the

said Indenture.

The Vendor has thus became entitled to

and

seized

and possessed of all that the flat No.HE/3 on the

first

f100r

Df

the building "E" HIG constructed on

part

or

portion of the said premises as absolute

ol.mer thereof.

Do

The vendor is contemplating to go out

of Calcutta

hence

interested in selling the said flat

to

any

1 'I

1

interested person.

E.

By an agreement for sale dated 7th December 1998 the

.i

:) .. }

vp.ndor

to

sell and

the

purchas.er

agreed

to

purchase

all

that

the

said

self

contained

and

independent:

flat being No.HIS E/3, on the

First

Floor

of

the Building "E" HIG having s up e r- bLlilt up

area

of

72£1 sq.ft.

the area be a little more or less alongwith

fi>,tures

and

fitting

thereat

and

together

p roport ionate

undivided

and

l!ndemarcated

share

or

in

the land comprised in the

said

premises

right of user of common passages abutting

to

the

main

r o ad , open

spaces~ stair case

and stair landing

lying

at Niva Park, Phase II , Brahmapur,

P.o.

Garia,

--4--

etc.

alongwith other spaces,

stair case and stair

landing etc.

alongwith other occupants,

situate and

Calcutta.-70{?l £,84 moreful1y mentioned in the schedule "B"

....... ' .......

hereunder written and hereinafter referred to as the

"said

flat

"

at or for a total

consideration of

Rs.3,30,000/- (Rupees three lakhs thirty thousand only)

" :-..\ '\)\:

NOW THIS INDENTURE WITHNESSETH that in pursuance of the

...... : ,.:: .,./

to the

vendor being the full purchase consideration well

and

said

agreement and in consideration of the sum of Rs.3,30,000/-

~~--------------~,

(Rupees three lakhs thirty thousand only) paid by the purchaser

truly paid by the purchaser to the vendor at or immediately

before the execution of these presents (the receipt whereof the

vendor do hereby admit and acknowledge and of and from the same

and every part thereof do hereby acquit release and discharge the

p roport ion ate l

undivided and undemarcated share Dr interest

in

purchaser and also the said flat and they the vendor as the

beneficia.I

owner of one self-contained flat No.HIG E/3 on the

Fi,st floor of the- Building "E"HIG, consisting of Tl'lO Bed-rooms,

Drawing/Dining room,

kitchen Two Bath-cum-privy

verandah

containing

super built-up area of 720 sq.ft. having built up

area 530 sq.ft. be the same a little more or less,

marefully

descri.bed

in

the schedule herein below written~

together with

the land comprised in the said premises situate , lying at Niva

Prak

, Phase II , Brahmapur P.O. Garis, P.S. Regent Park within

Calcutta Municipal Corporation Ward No.ili Calcutta-700 084. and

indefeasably transfer, grant, sell, convey~ assign

and

right of Common use of the common areas

and common parts

provided at

the said premises,

they the Vendor do by these

assure unto and to the use and benefit of the purchaser, all that the said flat, undivided share in the land, and common use and enjoyment of the common areas and common parts provided at the

said premises~

free

f rom all

encumbrances and

liabilities

doors,

\<Jindo\l.Js l

httings

fi}:tures~

both

sanitary

and

I'!h~oeve r ~ TOGETHER ~\lITH hal f the depth in all the jOints above

its ceiling and floor above and also between the floor

and its' ceiling of the flat below and with full ownership of all

eIectrical,

all

proportionate shares of

interest

in

the

staircase, land, below Bnd all ways and passages, drains,

\~\ater-

hereunder written and fully and particularly delineated

in the

course

together with all benefit of ancient and other rights,

liberties easements and all

estate rights,

title

interest

property c 1 a i m I'lha i.:soever of the vendor

in the said flat free

from encumbrances and attachments whatsoeyer except the right of demolition or committing waste TO HAVE AND TO HOLD the said flat hereby conveyed to the purchaser absolutely together with right to use the common entrance on the ground floor and stair right upto the flat on thE> First floor respectively AND ALSO TOGETHER WITH the benefits rights and liberties and right of support and easements and appurtenances and right of egress and ingress and

common user as fully set forth and described

in the schedule

map or plan hereto annexed or HOWSOEVER OTHERWISE the said

flat may be called,

known, described and/or distinguished AND

ALSO TOGETHER WITH the fixtures,

set'Jers,

drainages?

paths,

before

and now is lawfully, rightfully, and otherwise well

and

by

-6-

fences

walls,

water courses,

lights,

rights~

liberties

, privileges, easements, appurtenances whatsoever to

the said

flat and to the share or interest

in the usually

property held or

belonging

to or in any wise appurtaining or

enjoyed therewith or reputed to belong or be appurtenant

thereto

AND ALL

THAT

the estate right title interest

and claim and

demand 10hatsoever of the vendor into or upon the said

flat and

undivided

share or interest in the said property TOGETHER WITH

~ll deeds concerning the said flat or the said undivided share or

interest

in the said property or any part thereof which now are

or hereafter shall or may be in the possession, power or control of the vendor or any other person or persons from whom they or

any of them may produce in respect of the said flat

and

every

pa~t thereof and the proportionate share of interest in the said property hereby granted, sold~ conveyed and transferred or

expressed

and

intended to be so UNTO AND TO THE USE OF THE

purchaser absolutely and forever, subject neverthless to the

covenants

and conditions enjoyed~ performed and carried out

the

vendor as well

as by the purchaser and

as contained

in these presents and shall run with the said flat and the share

or interest in the property respectively and the vendor do hereby covenant with the purchaser that notwithstanding any act, deed or thing whatsoever by the vendor executed or knowingly suffered to

the contrary they the vendor had at all material

times hereto

sufficiently entitled to the said flat and the udivided share or interest in the said property hereby granted or expressed so to

be and every part thereof for a perfect and indefeasable

estate

-7-

inheritance without any manner or condition, use,

trust or

other things whatsoever,

to alter1 defeat, encumber or any way

hold the same and that notwithstanding any such

act,

deed or

thing whatsoever as aforesaid the vendor has now good right and

full

power to transfer,

flat hereby

se 11, grant

the said

transferred • sold • conveyed. granted or expressed so to be unto

and to the use of the purchaser in the manner aforesaid and the

purchaser =>11811

and may at all times hereafter peaceably and

quietly

together

and

enjoy the said

flat

lIJi th

possess

proportionate share or interest in the said land and building and

receive the rents, issues and profits thereof without any

lawful

interruption, eviction claim or demand whatsoever from or by the

vendor or any person or persons lawfully or equitably claiming

from undel' Or'

in trust for' him AND THAT free

and clear and

freely and clearly and absolutely discharged saved harmless and

kept

indemnified against all estate and encumbrances created by

the vendor' or any person or persons

equitably"

claiming

any estate or interest in the said flat

the

and

in

undivided share of interest in the property or any part thereof

from or in trust for the vendor shall 'and will from time to time

and at

times hereafter at the request

and costs of

the

all

purchaser do and execute or caUse to be done or executed all such

acts deeds and things whatsoeY~r for further and more perfectly

assuring the said flat and every part thereof UNTO AND TO THE USE

of the purchaser

in the manner aforesaid as shall

or may be

reasonably required.

"-8~

AND FURTHER that the vendor and their heirs,

e >: eCLI tors,

and administrators shall at all times hereafter indemnify the

pL\rchas;:.r~

her hiers and executors, administrators and assigns

against all losses, damages~ costs~ charges and e~pensesf if any

5ufferred by reason of any defects in the title of the vendor in

respect of the property andlor any breach of the covenants herein

contained "

AND FURTHER THAT the Purchaser shall be entitled to all

rights and

liablities and obligations as contained

in the

agreement dated 20th March 1997 executed between the said Suvada

Land Housing Project therein mentioned as the Vendor and

Registered

at the Add. Sub-Registrar at Alipore in Book No. I

Vol. No.138 at pages 1 to 16 Being No.3555 for the year 1997.

THE SCHEDULE "AU REFERED TO ABOVE

ALL THAT four storied Building consisting of 8 (eight) flats

i nth 12 ELI i 1 din g

standing on a piece and parcel within part

of land measuring 4 cottahs 14 chittacks 30 sq. ft. more or less

with a Four stories building

(Ground plus three) consisting of

(eight)

flats situate

at Ni va Park

Brahmapur,

{PH~ I I)

Calcutta-700 084 , within the jurisdiction of Calcutta Municipal

Corporation, P.S.,Regent Park, Sub-Registry office at Alipore

-"9-

Mouza Brahmapur?

J.L. No.48, R.S. Dag No.560 and 128,

Khatian No.247 and 271.

The Plot hereby conveyed is butted and bounded on the

On the South 23 ft. {"tide Road,
[1n the North Others land
On the east Building No.HI
On the i'iEst Building No.HF THE SCHEDULE "B" OF THE PROPERTY HEREBY CONVEYED

ALL THAT flat NO.HE/3. on the First floor (South/West/North)

together with undivided share of land and common space including

the terrace and staircase of the abovE Apartment have been

accepted by the Competent Authority under the West Bengal

Apartment Ownership Act, 1972! Housing Department, Govt. of West

Bengal

Accepted No.28/95 dated 18.9.95> and registered in the

office of the S.R. Alipore , vide Deed No.1774 of 1995 within the

jurisdiction of Calcutta Municipal Corporation, ward No.lll,

premises No.736/756/1, Brahmapur, Correspondence Address is Flat

No.HE/3, Niva Park

( Phase-II) Brahmapur,

P.O. Garia, P.S.

Regent Park, Calcutta-700 084 , comprising Super built up

area

sft.

having built up area 530 sft. with

all

fittings

and

fixtures consisting

of Two Bed rooms, kitchen, Two

Toilets~

Verandah, Dining Idrawing room with 24 hours water arrangements

completed lying and situated at Niva Park (PH-II) Brahmapur, P.O.

Garia1 Calcutta-700 084.

-10--·

IN WITNESS WHEREOF

the parties

thereto have set and

subscribed their respective hands and seals on the day. month

and year first above written.

Signed sealed and d{\Lverea

by the withinnamed VENDOR at

Calcutta in the presence of

Signed sealed and delivered

at Calcutta in the presence of

~

Ci" BAL)!Tf1.)

by the withinnamed Purchaser

, .. i.1

--11-

MEJ'10RANDUM OF CONS I DERAT I ON

RECEIVED from withinnamed Purchaser a sum of Rs.3,30,000/~

Rupees three lakhs thirty thousand only) being full purchase

consideration money as per details in the memorandum below;

MEMORANDUM

a) By Ale. payee cheque No.190528

dated 28.11.98 drawn on Canara Bank, Sarat Bose Road Branch in favour of Smt. Christine Fernandes

R s • 15 , 0(10/-

b) By Alc Payee cheque No.190529

dated 28.11.98 Drawn on Canara Bank, Sarst Bose Road Branch in favour of Michael Fernandes

R s • 15 , (1eH3/-

c) By Ale payee cheque No.390533 dated 28.12.98 Drawn on Dena Bank Manik Tala main Road in favour of Smt. Christine Fernandes

d)

By Ale Payee cheque No.390534 dated 28.12.98 drawn on Dena Bn2m Manik Tala

Main Road in favour of Michael Fernandes Rs.

Rs.2,80,000/-

Rs.3,30,00gl-

===============

(Rupees three lakhsthirty thousand

only) ~ Ii

~.~ 7.£~"~

/ k~"~)' ~/

. /; " ", '" ./7JO (if;

;vi ." ~"~-

/" ,

Witness

Drafted and prepared in my office

{·pp~l(~r~f-

Advocate S~ J Ii

High Court, Calcutta

·'

-----------------------~----------

INDENTURE OF SALE

MADE BETWEEN

I. MRS. CHRISTINE FERNANDES

2. MR. MICHAEL FERNANDES

• a " • ~ VENDORS.

AND

MR. S. BALAN

",il,M~t 1fg,;,!i$£.<J:$~ C(;7lf:t~ "~$X,\C:1"0]

5.L~1

~ •. G".PURCHASER

q,tY ~~~€I/~ ~

0..\_ I"" C/O

V j I~~ , 0

P. Bha.karan, Advocate

10~ Old Post Office Street, Calcutta-70G 001.