DRAFT

AGREEMENT FOR SALE VALUED AT Rs. 90, 00,000/-

(RUPEES NINETY LACS ONLY)

THIS MEMORANDUM OF AGREEMENT FOR SALE

made this _____ Day of March, 2023, TWO THOUSAND
AND TWENTY-THREE.

1|Page
 BETWEEN

SRI VIVEKANANDA SHARMA , son of _________________, bearing

PAN NO- – ________________, Aadhaar Card No-
__________________, mobile no. __________, by faith – Hindu, by
occupation – service, by Nationality- Indian and residing at
Tarulia 3rd Lane Mahisgote, Rajarhat, New Town, Kolkata-
700102, P.S.-____________, P.O.- __________________, hereinafter
called the VENDOR (which term or expression shall unless
excluded by or repugnant to the subject or context shall be
deemed to mean and include his heirs, executors, administrators,
legal representatives and / or assigns) of the ONE PART.

AND

SRI SUBIR GHOSH, son of _____________, bearing PAN NO.

___________, AADHAAR CARD NO- _______________, mobile no.
________________, by faith –Hindu, by Nationality – Indian, by
Occupation – Service, residing at ______________________, Kolkata-
________________, P.S.- _____________, P.O.- ____________,
hereinafter called the PURCHASER (which term or expression
shall unless excluded by or repugnant to the subject or context
shall be deemed to mean and include his heirs, successors,
executors, administrators, legal representative and/or assigns) of
the OTHER PART.

2|Page
WHEREAS, one Nagendra Nath Ghosh was the original of the
area of 66 Decimal of land in R.S. Dag No. 330 appertaining L.R.
Dag No. 260, under L.R. Khatian No. 508, at Mouza Iswaripur
J.L. No 21 R.S. No 92 Touzi No 439 under P.S Khardah, A.D.S.R
office at Barrackpur within the local limit of Bandipur Gram
Panchayet in the District of North 24 Parganas as recorded
tenant and he mutated his name in L.R. operation under
aforesaid Khatian as absolute owner thereof. Thereafter said
Nagendra Nath Ghosh died intestate leaving behind his five sons
namely Swapan Ghosh, Gopal Ghosh, Haradhan Ghosh, Tapan
Ghosh and Shyamal Ghosh and two daughters namely Sabita
Ghosh and Renuka Das as his legal heirs and successors;

AND WHEREAS, legal heirs and successors of the said Nagendra

Nath Ghosh namely Swapan Ghosh, Gopal Ghosh, Haradhan
Ghosh, Tapan Ghosh, Shyamal Ghosh, Sabita Ghosh and
Renuka Das have been jointly enjoying and possessing the
aforesaid land which was they acquired by way of inheritance
and they jointly sold, transferred and conveyed 33 Decimals of
land out of aforesaid 66 decimals of land to Nazima Bibi and
Muslima Bibi by way of a Bengali Kobala being No. 4601 dated
30.08.2007 registered in the office of the A.D.S.R.
Barrackpore and delivered khas possession in favour of Nazima
Bibi and Muslima Bibi;

AND WHEREAS, the said Nazima Bibi and Muslima Bibi jointly
sold transferred and conveyed the remaining 33 Decimals of land
out of the aforesaid 66 decimals of land to one Rupa Bibi wife of

3|Page
Mujibar Rhaman Hazra by way of a Bengali Kobala being No.
4600 dated 30.08.2007 registered in the office of the
A.D.S.R. Barrackpore and delivered khas possession in favour of
Rupa Bibi. Thereafter, Rupa Bibi had been enjoying and
possessing the aforesaid land acquired by way of purchase and
she mutated her share on land in L.R. operation under Khatian
No. 1193 in her name for the area of land measuring 33 Decimals
and she possessed the share of aforesaid land as absolute owner
therefrom and enjoying the khas possession thereof;

AND WHEREAS, the said Rupa Bibi through her constituted

attorney, one Sujit Ghosh, son of Late Ranatosh Ghosh of 82,
Sarada Banerjee Road, P.O. – Ghola Baza, Police Station – Ghola,
District – 24 Parganas (North) appointed vide a registered Deed of
Power of Attorney dated – 07/12/2009 recorded in Book no – IV,
Volume no – 1, pages 3637 to 3646, being no 0036 of the year
2009 in the office of District Sub-Registrar – I, North 24
Parganas, Barasat, conveyed ALL THAT land covering an area of
07 (Seven) Cottahs and 08 (Eight) Chittacks out of the said 33
Decimals of land described in the schedule hereinunder to one
Gopal Chakraborty, son of late Tarapada Chakraborty and sole
and/or joint proprietor of the M/s Cielo Packaging Private
Limited resident of 2, Nawdapara Road, D. G. Apartment, Block –
C, 1ST Floor, Flat No – 03, P.O. – Ariadaha, P.S. – Belghoria,
Kolkata – 700057 vide registered Deed of Conveyance dated 26 th
of February, 2010, being deed no – I -150101279 for the year
2010, the said deed being recorded in the Book - 1, CD Volume
No. 4, Pages 3533 to 3549, in the Office of District Sub-Registrar

4|Page
– I, North 24 Parganas, and pursuant to such conveyance and/or
purchase, the said Gopal Chakraborty thus being seized and
possessed ALL THAT said scheduled land and property
hereinunder and became the absolute owner of the same;

AND WHEREAS, that said Gopal Chakraborty sometimein the

year ______ took a business loan from the Punjab National Bank
for the purpose of his business and/or personal requirement on
the accounts of the said M/s Cielo Packaging Private Limited of a
sum of Rs. _________/- ( rupees _________ only), loan agreement
and sanction letter dated - _________ and ____________
respectively issued on his behalf and same was duly disbursed
on his account by the said bank and/or financial institution after
examining requisite documents and grounds and an equitable
mortgage by deposit of title deed of the Scheduled Property for of
the purpose of the security of the loan agreement was created
between the said Gopal Chakraborty and the Punjab National
Bank;

AND WHEREAS, on the event of the said Gopal Chakraborty

committing default while paying the loan, the said Lender bank
issued process under the SARFASEI Act, 2002 and in exercising
the powers conferred under section 13 read with Rule 8 and 9 of
the Security Interest (Enforcement) Rules, 2002 attached the
Scheduled property as per the protocols laid down in that
aforesaid acts for the process of recovering of the defaulted and
pending due loan amount and put the Scheduled property for an
e-auction held on 03.05.2021;

5|Page
AND WHEREAS, the present vendor herein, Sri Vivekananda
Sharma after being satisfied and interested in the said scheduled
property put on auction by the Punjab National Bank,
participated in the same and purchased the equitable mortgaged
scheduled property at a consideration of Rs. – 42,25,000.00/-
(Rupees Forty-Two Lacs and Twenty – Five Thousand only) on
exercise of due process of SARFASEI Act, 2002 and rules laid
down in the Security Interest (Enforcement) Rules, 2002 making
discharge of the said property on payment of the defaulted
amount mentioned above;

AND WHEREAS, after such purchase through e-auction, the

concerned financial institution – Punjab National Bank, 24
Parganas (North) Circle, Barasat issued a Sale Certificate under
Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 in
favour of the present vendor vide Reference No – ______________
dated 02/08/2021 and vide issuance of letter of possession dated
– 10.12.2021 reference no - Sastra/24 Pn(N)/Cielo/Key as per
the powers conferred upon the financial institutions under
Section 13 of the Securitization And Reconstruction Of Financial
Assets And Enforcement Of Security Interest Act, 2002 and Rule
8 and 9 of the Security Interest (Enforcement) Rules, 2002,
handed over possession of the said to the said Vivekananda
Sharma on “as is where is” basis, he thus becoming the
absolute owner of the said Scheduled Property and the rights and
easements appurtenant thereto and therewith ;

6|Page
AND WHEREAS, the present purchaser herein who was trying to
find a plot/property for his business and accommodational
indentures in the said locality, got in touch with the current
vendor and conveyed his intentions to accommodate the same by
requisite and necessary accord from the present vendor;

AND WHEREAS pursuant to the above discussions as

exchanged, the purchaser herein got in touch with his lawyer and
initiated searches for the investigation of title in concerned
registration offices having competent jurisdiction for causing
searches and being finally satisfied thereof, the parties to the sale
meaning thereby the vendor and the purchaser herein have
finally decided to go ahead with the sale of the said scheduled
property hereinafter at and for a final consideration of Rs.
90,00,000.00(Rupees ninety lacs only) being the agreed market
price;

AND WHEREAS, pursuant to the above, the parties to this

agreement for the purpose of smooth and hassle-free execution of
the deed in the prevailing scenario as above and in order to
proceed with the sale and finalization of conveyance have finally
decided to bind each other on the following terms and conditions
as appearing hereunder and hence this agreement;

NOW THIS INDENTURE WITNESSETH AS FOLLOWS: -

1. That the Vendor agrees to sell and the Purchaser agrees to

purchase ALL THAT piece and parcel of revenue paying Sali land

7|Page
together with a structure/building thereupon by an area of 07
(Seven) Cottahs and 08 (Eight) Chittacks in R.S. Dag No 330
appertaining to L.R. Dag No. 260 under L.R. Khatian No 1193,
Hal LR Khatian No - 1335 at Mouza Iswaripur, J.L. No 21, R.S No
92, Touzi No 439 and 146 under P.S Khardah, A.D.S.R office at
Barrackpur within the local limit of Bandipur Gram Panchayet in
the District of North 24 Parganas together with undivided,
impartible, proportionate share and interest in the land
underneath the said building along with all common rights over
the common areas and facilities at _________________________ at
and for a total consideration of Rs. 90,000,00/- (RUPEES NINETY
LACS ONLY) being the final agreed consideration between the
parties to this sale.

2. That the Purchaser has already paid a sum of Rs.

__________(Rupees ___________ only) as token advance on
___________ and as on the of execution of this agreement has paid
a sum of Rs. ___________/- (Rupees ______________ only) by
cheque/electronic fund transfer towards earnest/advance money
to the vendor as per the schedule of payment given below at the
date of the execution of this Agreement for Sale, which the
Vendor and purchaser does hereby admit and acknowledge. A
further amount of Rs.___________/- (Rupees ______________ only)
shall be paid to the vendor SRI VIVEKANANDA SHARMA on and
between the date of this agreement and the final date of
registration of the deed of conveyance on a date suitably arranged
and settled between the parties. The said final payment shall be
paid on or before the date of registration subject to satisfaction of

8|Page
the title of the vendor on approval by the financer of the
purchaser.
3. The proposed vendor undertakes to get the property meant for
transfer mutated in his name with records of the ___________
prior to the final execution of the Deed of Conveyance and also
undertakes to clear all dues and arrears, if so lying unpaid till
the date of execution of the Deed of Conveyance and/or sale
together with clearing off other dues relating to maintenance,
service charge, electricity bills whatsoever.

4. That the Vendor hereby undertakes and declares that he is the

sole and absolute owner of the Scheduled Property.

5. That the Purchaser shall cause search in the concerned offices

of Registrars to verify the authenticity of the title of the Vendor.

6. That the Vendor shall answer all requisitions made by the

Purchaser as regards his title over the said Scheduled Property.

7. That in the occasion the Vendor fails to make out a

marketable title in respect to the Scheduled Property, this
agreement shall stand ipso facto terminated and any earnest
money, if paid, shall be returned fully by the Vendor to the
Purchaser immediately after the Purchaser informs about the
defect in title.

8. That in case the Purchaser does not execute the Conveyance

even after a marketable title is made out in favor of the Vendor

9|Page
 within the stipulated time period, the Vendor may after giving a
notice and with the expiry of fifteen days’ time thereof from the
receipt of the same to the Purchaser as mentioned hereinabove,
revoke this Agreement by refunding the total advance/earnest
money to the Purchaser and enter into fresh agreement for sale
with other purchaser/ purchasers thereby dealing with the
property freely.

9. That the Vendor undertakes to hand over the possession of

the schedule premises to the Purchaser as soon as this
Agreement for Sale is executed by all the parties and the
Purchaser can repair and renovate the said portion right after
obtaining the possession of the said schedule premises on
keeping due discharge and receipt of the said works for
estimation of fitment of interior, furniture.

10. That once it is ascertained that the Scheduled Property is

free from all encumbrances and a marketable title is made out in
favor of the Vendor, the Vendor shall execute a Deed of
Conveyance in favor of the Purchaser conferring the absolute
title of the Scheduled Property and all the rights and interests
of the Vendor from the said schedule premises shall stand
transferred and or ceased from his end. The purchaser shall pay
a further sum of Rs. _________ (Rupees ______________ only) by
himself to the vendor prior to the execution of the final deed
apart from the loan amount of _______________ (Rupees
____________ Only) and the said vendor shall duly admit and

10 | P a g e
 execute his signature giving due and final release on the
scheduled property in respect of his right.

11. That the Purchaser on purchasing i.e. after getting the

registration of the said property/premises/land in their names
shall be entitled to sell, mortgage, lease or otherwise alienate the
said flat thereby acquired subject to the terms and conditions
mentioned in the final and formal deed of conveyance executed
and registered therein without the consent of other co-owners of
the said premises who have acquired before or hereafter acquire
any right, title or interest similar to the Purchaser. It is also
agreed that the Purchaser shall acquire full right, title and
interest in the said scheduled property hereby intended to be
sold unto his on the basis of this agreement and on subsequent
registration of sale deed subject to making payment of the entire
balance consideration money to the vendor.

12. That the vendor shall also on receipt of the balance

consideration from this present purchaser amounting to Rs.
__________ (Rupees ____________ only) on or before the date of the
registration vide Pay Order/bank Draft/Cheque whatsoever as
executed by the banker of the purchaser transfer absolute title
in respect of the Scheduled Property free from all encumbrance
as an estate in fee simple to the purchaser and shall admit
execution and registration of the said formal deed of conveyance
in tandem with the Vendor under this agreement.

11 | P a g e
 13. That the Vendor shall be liable for all outgoings and
liabilities, including public revenue like municipal taxes, etc., till
the execution of the conveyance and transfer of title in favour of
the Purchaser.

14. That in the occasion a marketable title is made out in favour

of the Vendor, but they fail to execute the Conveyance in favor of
the Purchaser within the stipulated time period, the Purchaser
shall be at liberty to institute appropriate legal proceedings
against the Vendor for specific performance of the contract
under this agreement.

15. That the Purchaser shall be entitled to secure loan and

credit from banks and other financial institutions on the basis of
this agreement, and the Vendor shall have no objection thereto.

16. That all costs and expenses to be incurred for stamp duty,
registration fees and incidental charges for registration as well as
professional fees for drafting of this agreement, deed of
conveyance and all other deeds, papers etc. in connection with
the completion of the sale/transfer of the said land/property
shall be borne by the Purchaser.

17. That this agreement shall be executed in duplicate with a

copy to be retained by respective parties.

18. That all disputes shall be subject to the jurisdiction of the

Courts in Kolkata.

12 | P a g e
 19. That this agreement shall remain valid for of period of 90
days i.e. 3 months commencing from the date of execution of
this agreement and ending with ___________, 2023. Time shall be
the essence for the purpose of this contract unless otherwise
mutually agreed and extended between the parties on due
execution of documents in writing to that effect.

20. That the vendor agrees that he has not kept this property
under this agreement for sale mortgaged nor has entered into
any sort pf agreement prior to this one with any other individual
or prospective purchaser.

21. That the vendor declares that the property herein has not
been mortgaged and/or any loan is pending regarding it before
any bank or other financial institutions to hinder it
from being transferred. 

22. The vendor states and declares that he has custody of his
original title deed integrate and one with him and shall handover
the same for inspection as when called for.

23. The vendor undertakes to hand over all documents relating

to the title and its incidentals to the purchaser or his authorized
representative at the time of completion of the sale or prior for
inspection of parties, advocates, bank.

24. The vendor also declares that the Scheduled Property is

vacant and fit to be delivered possession by executing deed of
conveyance and that he has the due capacity to enter into this
agreement and has not made any suppression of fact relating to
the property being the subject of sale.

13 | P a g e
 SCHEDULE PROPERTY ABOVE REFERRED TO:

(Said Property/Premises)

ALL THAT piece and parcel of revenue paying Sali land

together with a structure/building thereupon by an area of 07
(Seven) Cottahs and 08 (Eight) Chittacks in R.S. Dag No 330
appertaining to L.R. Dag No. 260 under L.R. Khatian No 1193,
Hal LR Khatian No - 1335 at Mouza Iswaripur, J.L. No 21, R.S No
92, Touzi No 439 and 146 under P.S Khardah, A.D.S.R office at
Barrackpur within the local limit of Bandipur Gram Panchayet in
the District of North 24 Parganas TOGETHER WITH the benefit of
the __________ plan being No. ____________ dated
_________________ sanctioned by the ________________ Corporation
The original land lord the Govt. of West Bengal, being represented
by the collector of North 24 parganas which is butted and
bounded by:.

On the North: 24' 0" Wide Kantcha Road

On the South: Dag No. 330.

On the East: Dag No. 330.

On the West: Dag No 330.

IN WITNESS WHEREOF all the parties hereunto have set and

subscribed their respective hands and seals on the ________ day
of March, 2023, TWO THOUSAND TWENTY-THREE.

14 | P a g e
SIGNED, SEALED AND DELVIERED
by the "PARTIES" at Kolkata
In the presence of:

1.

2.

_____________________________

VENDOR

___________________________
___
PURCHASER

MEMO OF CONSIDERATION

Received from the within named PURCHASER, the sum of

___________/- (Rupees _______________ Only) being the ten

15 | P a g e
percent of consideration out of total consideration of Rs.
90,00,000.00 (Rupees ninety lacs only) as per memo below: -

DATE MODE AMOUNT

______________ Vide Cheque no. Rs.

________________, drawn on
___________ Bank, ___________
Branch

_______________ Vide Cheque no. Rs.

________________, drawn on
___________ Bank, ___________
Branch

TOTAL (RUPEES Rs. /-

_________________ONLY)

_________________________
VENDOR
WITNESSES: -
1.

2.

DRAFTED BY ME: -

ATISH MAJUMDAR, ADVOCATE

ENROLMENT NO. WB/1351/1999
ALIPORE JUDGES’ COURT,

16 | P a g e
Pukurpar Sheresta Room No. 4
KOLKATA-700027.

17 | P a g e