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xcdDEED OF ALLOTMENT AGREEMENT

THIS DEED OF ALLOTMENT AGREEMENT IS MADE ON THE DAY OF 4 TH SEPTEMBER TWO


THOUSAND TWENTY-THREE OF THE CHRISTIAN ERA.
BETWEEN
BHAIYA HOUSING LTD having its liaison office at Taneem Square, House-158/E, (3 rd & 5th Floor),
Kamal Ataturk, Avenue, Banani C/A, Dhaka-1213, Bangladesh and being incorporated under the
Companies Act, 1994 and the company is represented by this Chief Executive Officer Mr. Bashir,
hereinafter referred to as the “LAND DEVELOPER” which expression unless otherwise repugnant to the
subject matter or context shall include its successors –in interested and assigns of the “FIRST PARTY”.
AND
MD. ASADUZZAMAN, Son of LATE MD. SHAFI UDDIN, (Name of nominee: Mst Rumpa),
Permanent Address- 355 NAYANAGAR, SHAFI MEMBER BARI, COCACOLA, BARIDHARA,
VATARA DHAKA-1212, Profession- Service, Religion-Islam and nationality–Bangladeshi by birth, NID
No – 8651091327, here in after referred to as the “ALLOTTEE” which expression where the context to
admit shall include his/her heirs, successors, administrators, executors, legal representatives and assigns of
the “SECOND PARTY”.
IN THE NAME OF ALMIGHTY ALLAH, THE MERCIFUL, THIS LETTER OF AGREEMENT IS
EXECUTED BY THE FIRST PARTY AND THE ALLOTTEE.
WHEREAS the FIRST PARTY, being the owner in possession by purchase of the properties of the land project
in the name and style “PINE CITY PURBACHAL” including the property described in the schedule below.

AND WHEREAS the FIRST PARTY with intent to sell plots to the intending ALLOTTEES subject to
earth filling, preparation of residential plots and all other necessary development works has prepared a lay-
out plan of the housing project in the name and style “PINE CITY PURBACHAL”.

AND WHEREAS the ALLOTTEE has seen and accepted the layout plan of “PINE CITY
PURBACHAL” and on inspection of the documents/papers of title is satisfied about the title of the LAND
DEVELOPER company to the land described in the schedule below and on inspection of the lands of
“PINE CITY PURBACHAL” described in the schedule ‘A’ has selected and chosen to purchase the plot
described in schedule ‘B’ to be developed through the LAND DEVELOPER company.

AND WHEREAS the Plot # 38, Block # C Area # 03 Katha, Face # West, Road # 40-Ave-02’ of the
layout plan of the LAND DEVELOPER company measuring more or less 03 (Three) Katha has been
allotted to the ALLOTTEE on their request.
Continued to Page # 2
NOW, THEREFORE, the parties mutually agree and declare as follows:
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1. That upon discussion between both parties the land price of the schedule- plots has been agreed as an
amount of Tk 10,50,000/- (Taka Ten Lac Fifty Thousand) only for (03) katha, at the rate of Tk.
3,50,000/- (Taka Three Lac Fifty Thousand) only per katha excluding development expenses of the
undermarketed Schedule- PLOT(s). The total amount is subjected to pay by the ALLOTTEE through
Booking money and at a time Payment under the file number PC-1033 at, BHAIYA HOUSING LTD.
Banani, Dhaka.
2. That the Mode of Payment of the total amount of money as the price of the schedule-Plot(s) Already
paid by the ALLOTTEE to the LAND DEVELOPER company will be as follows:

(i) Already paid on 04/06/2023 as Booking Money Tk. 60,000/- (Taka. Sixty Thousand only)
(ii) Already paid on 30/08/2023 as At a Time Tk. 9,90,000/- (Taka Nine Lac Ninety Thousand
only)

The detail Schedule of Payment is attached herewith as Annexure-1 and will be treated as a part of this
Agreement
3. That the ALLOTTEE delays of any Payment (including Partial payment) from its scheduled date will
be subject to auto impose of Monthly 2% delay charge by the upgraded computer software. If it delays
more than 90 (ninety) days to pay installment/installments, the LAND DEVELOPER company shall
have the right to cancel the booking of the plot providing the notice for thirty days to the ALLOTTEE.
In the event of default and cancellation, the LAND DEVELOPER company will pay back the amount
by deducting 10% of the amount within shortage possible time.
4. That the land development expenses such as earth filling cost, infra–structure development cost, utility
connection cost, registration related cost, etc., which will be claimed at actual basis to the SECOND
PARTY during the period when development works will be started in the project, irrespective of the
position of the regular Mode of Payment.
5. That the ALLOTTEE shall bear all expenses in connection with execution of Letter of Conveyance for
transfer of the plot in his favor such as Registration expenditure (Non-Judicial stamp duties,
Registration Fees, VAT etc.) or any other charges, service charge, fees, duties incurable in connection
therewith and all costs incidental thereto and consequential thereupon.
6. That the LAND DEVELOPER company reserves the right to change/modify/alter the layout plan in
the greater interest of the project or to follow any order / notice issued by related Government
Authorities. In such situation if the plot of the ALLOTTEE is dislocated, the LAND DEVELOPER
company will try to reallocate a similar nature of plot keeping in view the size and location of the
previous one, if available. Or else, the ALLOTTEE will accept the re-allocated plot for him having the
nature comparatively closure to the previously allocated plot.
Continued to Page # 3
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7. That if the ALLOTTEE, after the payment of Booking Money and the Down Payment in time,
surrenders the allotment or the allotment letter is cancelled, refund of the amount if any, to be made by
the LAND DEVELOPER company to the ALLOTTEE after deducting a stipulated service charge at
the rate of 10% (Ten Percent) only on the total deposited amount for the Schedule - PLOT(s) after 06
(Six) months. But if surrender or cancellation of the Schedule-PLOT(s) takes place only after payment
of Booking Money and before payment of full Down Payment then 15% (Fifteen Percent) of the
deposited amount will be deducted as documentation and service charge. Any token or part payment of
Booking Money deposited will be forfeited in case of such surrender or cancellation.
8. That in case the project or any part of the project is abandoned due to any unavoidable reasons beyond
the control of the LAND DEVELOPER company or for any decision from any Government authorities
or for any act of God and the LAND DEVELOPER company fail to deliver the allotted Schedule-
PLOT(s) to the ALLOTTEE, the FIRST PARTY will try to accommodate an alternative plot of similar
nature closure to the Schedule-PLOT(s) in any other place with another set of terms and conditions, as
decided by the LAND DEVELOPER company. If the newly proposed/offered plot is not acceptable to
the ALLOTTEE, the FIRST PARTY will refund the full amount paid by the ALLOTTEE within 180
days of the declaration of abandonment.
9. That the area of the plot may vary, on final measurement, at the time of handing over physical
possession to the ALLOTTEE. In case of such variation in measurement, the ALLOTTEE shall pay for
the increased area of land in the prevailing rate. in case the area decreases, refund will be available for
the decrease area to the ALLOTTEE from the amount deposited against the plot.

10. That the LAND DEVELOPER company will try utmost to allot a plot as per initial booking by the
client. However, if registry is done in other location in that case the LAND DEVELOPER company
will immediately hand over the desired plot whenever the land comes in the possession of LAND
DEVELOPER company with free of charge.
11. After obtaining the registered Sales Deed from the FIRST PARTY, the SECOND PARTY may sell, gift,
donate, mortgage, transfer or dispose off the plot or any part thereof with intimation to the FIRST
PARTY. For such an act, the SECOND PARTY shall have to pay Tk.10,000.00 (Taka Ten Thousand)
only per Katha to the FIRST PARTY but in case of spouse, parents or children, the amount will be
Tk.5,000.00 (Taka Five Thousand) only per Katha. The SECOND PARTY shall have to pay the further
registration and other related costs. Only in case of death of the SECOND PARTY, upon producing the
legal proof such as succession certificate, nominee(s) will automatically get the allotted plot in
his/her/their name or according to the part transfer policy and the nominee(s) will bear all the cost related
to it.

Continued to Page # 4
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12. That the allotted Schedule-PLOT(s) is solely for the purpose of construction of residential building
only as per the layout plan of the project. The ALLOTTEE is forbidden to utilize his/her/their
plot/building for usage of any other purposes and will be liable solely for this unless any other usage is
mentioned in the approved layout.

13. That the intention of the ALLOTTEE or any other authorized Developer / 3 rd party regarding any kind
of construction should be intimated in advance with the Customer Service Department of the LAND
DEVELOPER company to get a Clearance for any kind of construction. The ALLOTTEE will show
his/her/their allotment letter, all kinds of payment receipts, possession certificate, registration deed,
approved plan etc. and make the payment, if any, to get that clearance.

14. That the ALLOTTEE will erect the Boundary walls demarcating his/her/their plot immediately after
receipt of the possession certificate with the final measurement clearly indicates therein.

15. That the ALLOTTEE shall follow the rules, regulations and practices of concerned government
authority/authority formed in future to regulate the project as well as the LAND DEVELOPER company
in the construction of his/her/their house. He/She will be responsible for the consequences if any arising
out of his/her/their failure to follow or in any manner of violation of rules of the said authorities as well
as the LAND DEVELOPER company.
16. That the ALLOTTEE shall not in any manner use or carry out any job in any part of land of the project
which does not belong to his/her Schedule-PLOT(s) without prior permission of the Owner of the
respective part and /or LAND DEVELOPER company.
17. That the ALLOTTEE will upkeep the maintain cleanliness in and around his/her/their Schedule-
PLOT(s) and garbage should be disposed of in designated place and within the specified time to prevent
condition, which may cause health hazard in the neighborhood.
18. That the network for supply of water, electricity and gas line will be installed after total development of
the particular block of the project and the said utility services will be available to the ALLOTTEE after
completion of the network of the block subject to the payment of all costs and incidental charges of
utility connection by the ALLOTTEE.
19. That for the purpose of effective and efficient management, safety and security, proper maintenance of the
project, ensuring the common facilities & privileges (like toll etc.) provided therein, the LAND
DEVELOPER company will form an administrative wing to act as Project Authority. Representative of
this Project Authority and all the plot owners of this project shall jointly constitute a co-operative society
under Co-operative Societies Act. The co-operative society so formed and constituted shall be entitled to
work with the Project Authority of the LAND DEVELOPER company.
Continued to Page # 5
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20. That the ALLOTTEE should pay the Reserve Fund to the LAND DEVELOPER company at the rate of
Tk.5,000.00 (Taka Five Thousand) only per Katha at the time of handing over of the possession letter
and physical possession of the Schedule Plot(s). The total fund collected from all the plot owners of the
project will be transferred to the Co-operative society of the project for the welfare of the project.

21. That the LAND DEVELOPER company will hand over the Schedule-PLOT(s) to the ALLOTTEE by 31st
December 2028 with consideration of 06 (six) months grace period unless the process of different permissions
from several govt. authorities is delayed from the stipulated timeframe or the delay in the payment of price
and / or development and utility cost of Schedule- PLOT(s) by the ALLOTTEE or the process is affected by
natural calamities, political unrest and disorders in locality or nationally, any notifications from Government or
for any reason beyond the control of the LAND DEVELOPER company. In such cases, the Hand over
schedule will may be extended relating to the settlement of that reason and according to mutual understanding
of both parties.

22. That upon receipt of full payment, the LAND DEVELOPER company will register the Schedule-
PLOT(s) in the name of the ALLOTTEE as security. In case, the Schedule-PLOT(s) thus allotted to the
ALLOTTEE does not match with the particulars as mentioned therein, then before handing over the
Schedule-PLOT(s) to the ALLOTTEE (for different location), the FIRST PARTY will arrange a transfer
deed specifying the actual final block, road, similar plot size and location etc.

23. That if in future any unintentional and unexpected defect or incorrect information or overlapping
description is detected in the above; the LAND DEVELOPER company shall have the right to rectify
the same through mutual discussion with the ALLOTTEE.

24. That the Application Form filled up with the attachment of the picture(s) for booking of the Schedule-
PLOT(s) shall be attached herewith and will be treated as a part of this Deed.

25. That the parties shall try to resolve any kind of disputes or misunderstanding arises, amicably by a board
of two arbitrators under the Arbitration Act 2001.

Continued to Page # 6
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SCHEDULE “A”

All that piece of parcel of land measuring 03 (Three) Katha of land situated in District- Gazipur, P.S.-
Kaliganj, Lands Covered by the land project in the name and style “PINE CITY PURBACHAL” being
implemented by the LAND DEVELOPER Company.

SCHEDULE ’B’

Plot # 38, Block # C Area # 03 Katha, Face # West, Road # 40-Ave-02’, File no. PC-1033 of the layout
plan of the LAND DEVELOPER Company of “Bhaiya Housing Ltd” under Kaliganj, Gazipur.

For Bhaiya Housing Ltd.

WITNESSES
---------------------------------
1. LAND DEVELOPER

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2. ALLOTTEE

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