DEED OF CONVEYANCE

THIS DEED OF CONVEYANCE is made on this the day of

March, 2024 (Two Thousand and Two Four).

BETWEEN
 2

SRI HEMANT JAIN, PAN No-AEIPD3398G, AADHAAR NO. 5675 8525

0748, Son of Sri Gyan Chand Dugar, P.O.Salkia, P.S.Golabari, by
faith - Hindu, by Occupation Service, by Nationality -Indian, resident
of 9, Ashutosh Mukherjee Lane, Haora Corporation, Salkia, West
Bengal, Pin 711106, hereinafter referred to as the OWNER/VENDOR
(which term or expression unless excluded by or repugnant to the
context shall mean and include his legal representatives,
administrative, assignees and executors of the FIRST PART.

AND

1. SRI. ANKIT JOSHI, PAN. AXDPJ2261L, AADHAAR NO. 5529

1173 1447, son of Late Raj Kumar Joshi, ,by Occupation: Service,by
faith Hindu, by occupation -Housewife, by Nationality - Indian residing
at 166, Kashibati, P.O.-Makhla, P.S.-Uttarpara, Hooghly, PIN Code –
712 245 West Bengal, And

2. SMT. SANTOSH DEBI JOSHI, PAN NO: BGQPJ2492G, AADHAR

NO. 7631 4595 1104, Wife of Late Rajkumar Joshi, by faith Hindu, by
occupation -Housewife, by Nationality - Indian residing at 166,
Kashibati, P.S. Uttarpara, P.O. Makhla, Hooghly, PIN Code – 712 245
West Bengal,hereinafter referred and collectively called as
PURCHASER’S (which expression shall unless exclude by or
repugnant to the context be deemed to mean and include his heirs,
successors, administrator, assigns, legal representatives) of the
OTHER PART.

The expression of the Vendor &Purchaser’s ’s shall mean and include

the parties itself, their respective legal heirs, executors, successors,
administrators, legal representatives and assigns / nominees.
 3

WHEREAS ALL THAT piece and parcel of one demarcated self

contained flat measuring about 484 sq. ft. being the super built up
area, situated or lying at the Third floor of the Five storied building,
built upon the land measuring about 03(three) cottah 13(thirteen)
chhitak 16(sixteen) sq feet, be the same a little more or less,
comprised within the Howrah Municipal Corporation premises no.
80/1, Joy Narayan Santra Lane Police Station - Howrah. District-
Howrah, is the subject matter of the instant Deed of Sale, which is
more fully and particularly described in the THIRD SCHEDULE
written herein below and specifically shown or delineated by RED
border in the annexed plan herein, which is a part and parcel of the
instant Deed and is after referred to as the SAID FLAT

WHEREAS all that the piece and parcel of MokarariMourashiBastu

Land containing an area of about 1(one) Bigha 12(twelve) Cottahs
6(six) Chittacks 0(zero) Square Feet, be the same a little more or less,
but as per actual measurement 1(one) Bigha 12(twelve) Cottahs
8(eight) Chittacks be the same a little more or less, together with
pucca brick built house outhouses, durwan quarter, court yard, gate,
boundary walls etc. standing thereon commonly known as "Garden
House" situated at the Premises No. 80 and 80/1, jay Narayan Santra
Lane, P.O. and District- Howrah was acquired and/or built up by one
Sri Bistoo Kumar Chatterjee, an Indian Christian governed by the
Indian Succession Act.

AND WHEREAS after demise of the said Bistoo Kumar Chatterjee, the
aforesaid property (the then being holding No. 80, Jay Narayan Santra
Lane, P.S. and District-Howrah) was purchased by Mahim Chandra
Ghosh from the sole heir and legal representative of Bistoo Kumar
Chatterjee namely Smt. Binodini Chatterjee and others by a registered
 4

Deed of Sale dated 13.08.1899 at a consideration price of Rs.

10,000/- (ten thousand) only.

AND WHEREAS the said Mahim Chandra Ghosh built further

structures on the said property and subsequently died intestate in the
year 1928 leaving behind him six sons namely Mohit Chandra Ghosh,
Mithilesh Chandra Ghosh, Mahatap Chandra Ghosh, Manik Chandra
Ghosh, Madhab Chandra Ghosh and Mahanil Chandra Ghosh as his
only heirs and legal representatives who jointly inherited the aforesaid
property.

AND WHEREAS subsequently Smt. Aruna Ghosh wife of Late

Mahatap Chandra Ghosh instituted a suit for Partition and Accounts
being Title Suit No. 29 of 1943 before the 1 Sub-Ordinate Judge at
Howrah in respect of the joint properties jointly held by Mahatap
Ghosh alongwith his other co owners, which included the property
situated at the then premises No. 80, Jay Narayan Santra Lane, P.S.
and District Howrah and in the said suit the final decree was sealed
and signed on 13.01.1955.

AND WHEREAS during the pendency of the said suit, the right, title
and interest of the said Manik Chandra Ghosh in the sald premises
No. 80 & 80/1, Jay Narayan Santra Lane, P.S. and District-Howrah
was purchased by Mahanil Chandra Ghosh by a registered Deed of
Conveyance dated 21.04.1943 and the right, title and interest of Mohit
Chandra Ghosh in the said property was purchased by Madhab
Chandra Ghosh and Mahanil Chandra Ghosh from the legal heirs of
Mohit Chandra Ghosh namely Smt. Sarojini Ghosh and Sri Ashoke
Kumar Ghosh by virtue of a registered Deed of Conveyance dated
01.02.1946 and also the right, title and interest of Mahatap Chandra
Ghosh in the said property was purchased by Madhab Chandra
 5

Ghosh by virtue of a Deed of Conveyance dated 01.02.1946 from

SmtAruna Ghosh and Medha Ghosh being the legal heirs of Mahatap
Chandra Ghosh;

AND WHEREAS accordingly the said Madhab Chandra Ghosh and

Mahanil Chandra Ghosh jointly acquired undivided 5/6th share in
respect of the said property, comprised within the premises no 80, Joy
Narayan Santra Lane, Police Station - Howrah, District Howrah, by
virtue of purchase as well as inheritance and the remaining 1/6th
share was held by the legal heirs of Mithilesh Chandra Ghosh namely
Sri Amal Kumar Ghosh and others who were figured as Defendant No.
5 to 9 in the aforesaid Suit for Partition.

AND WHEREAS the said Amal Kumar Ghosh and others preferred an
application for execution being Title Execution Case No. 24 of 1955
before the Ld. Court of 1 Sub-Ordinate Judge at Howrah for delivery of
separate possession of their 1/6th share in the said property. As per
the report of commission that was formed a part of the final decree of
the said Partition suit and on 17.07.1955, they took separate
possession of their 1/6th share in the aforesaid property, through
Court and the said Madhab Chandra Ghosh and Mahanil Chandra
Ghosh jointly remained in possession of the remaining property,
measuring about 1 bigha 12 cottah 8 chhitaks, be the same a little
more or less, with structures standing thereon, comprised within the
then Howrah Municipal premises no 80 & 80/1, Joy Narayan Santra
Lane,, Police Station - Howrah, District- Howrah, having moiety share
therein;

AND WHEREAS the said Smt. Aruna Ghosh had also previously
preferred an application for execution for the said Partition decree
being Title Execution Case No. 21 of 1945 before the said Ld. 1 Sub-
 6

Ordinate Judge at Howrah to realize her monetary dues which was

disposed on full satisfaction on the footing of a petition dated
01.02.1946;

AND WHEREAS thus in the manner as aforesaid, the said Madhab

Chandra Ghosh and Mahanil Chandra Ghosh thus became the joint
Owners of the said property comprised in premises No. 80 & 80/1,
Jay Narayan Santra Lane, P.S. and District-Howrah, measuring about
1 bigha 12 cottah 8 chhitaks, be the same a little more or less, with
structures standing thereon, having absolute right, title and Interest
therein;

AND WHEREAS the said Madhab Chandra Ghosh and Mahanil

Chandra Ghosh, while thus remaining the absolute Owners and
occupiers of the said property, measuring about 1 bigha 12 cottah 8
chhitaks, be the same a little more or less, with structures standing
thereon, comprised within and being the premises no 80 & 80/1, Joy
Narayan Santra Lane,, Police Station - Howrah, District - Howrah, due
to urgent need of money, transferred the said property in favour of
Smt. Hardel Devi @ Hardi Devi, wife of RichpalAgarwala, Smt. Santi
Devi wife of SawalramAgarwala, Smt. Rukmini Devi wife of Sitaram
Agarwal, Smt. Bhagwani Devi, wife of Narayan Das Agarwal and Smt.
Bidya Devi wife of Ram Swarup Agarwal all are the residents of 4 and
6, Amrita Pain Lane, Howrah by virtue of a registered Deed of
orweyance which was duly recorded in Book No. 1, Volume No.51,
pages from 68 to 79, Being No. 2749 for the year 1959 in the Office of
the Sub- Registrar, Howrah;

AND WHEREAS in purchasing the aforesaid property, Smt. Hardel

Devi @ Hardi Devi, Smt. Santi Devi and Rukmini Devi had paid 1/4
share each of the total consideration price for purchasing the said
 7

property and accordingly they had 1/4th share each therein. Smt.
Bhagwani Devi and Smt. Bidya Devi had jointly paid the remaining
1/4th share of the total consideration price for purchasing the said
property and accordingly they had an undivided 1/8th share each
therein;

AND WHEREAS the said Smt. Hardei Devi, Smt, Santi Devi, Smt.
Rukmini Devi, Smt. Bhagwani Devi and Smt. Bidya Devi sometime in
the year 1965 with their joint consent and verbal Agreement with each
other had divided the said entire property in two lots being Lot Nos. A
& B which measured 13 (thirteen) cottahs 15(fifteen) chhitaks&
11(eleven) sq feet and 19(nineteen) cottahs 8(eight) chhitaks& 42 (forty
two) sq feet respectively.

AND WHEREAS on the 26th of April 1967, a building plan for

construction of a five storied building over and on a portion of the said
LOT B, was sanctioned by the then Howrah Municipality vide B.R No
1190 of 1967, and in pursuance thereof, construction of a five storied
building, comprising of several residential flats was raised on or over a
part or portion of the said LOT - B, which measured an area of
19(nineteen) cottahs 8(eight) chhitaks& 42(forty two) sq feet
respectively.

AND WHEREAS on or about 11.04.1972 the said Smt. Bhagwani Devi

died intestate leaving behind her husband Narayan Das Agarwal, one
son Ramswarup Agarwal and three daughters namely Smt. Lila
Agarwala, Smt. Shila Bathwal and Smt. Mayana Goyal who were her
only heirs and representatives who jointly inherited her undivided
1/8th share in the said entire property measuring about 1 bigha 12
cottah 8 chhitaks, be the same a little more or less, with structures of
 8

consisting of five storied building standing thereon, comprised within

80 & 80/1, Joy Narayan Santra Lane, Police Station - Howrah,
District - Howrah;

AND WHEREAS the said legal heirs of Smt. Bhagwani Devi

transferred her undivided 1/8th share in a definitely demarcated part
or portion of the said property which measured about 19(nineteen)
cottahs 8(eight) chhitaks & 42(forty two) sq feet, comprised within and
being apart of the municipal premises no 80 & 80/1, Joy Narayan
Santra Lane, Police Station - Howrah, District - Howrah, being LOT-B,
as described in the said Deed, in favour of Smt. Hardel Devi by virtue
of a registered Deed of Gift which was recorded in Book No. 1, Volume
No. 23, Pages from 26 to 33, Being No. 258 for the year 1975 in the
Office of the Sadar Joint Sub-Registrar at Howrah;

AND WHEREAS the said Smt. Santi Devi, by way of yet another Deed
of Gift, transferred her undivided 1/4 share in a definitely demarcated
part or portion of the said property which measured about
19(nineteen) cottahs 8(eight) chhitaks& 42(forty two) sq feet,
comprised within and being a part of the municipal premises no 80 &
80/1, Joy Narayan Santra Lane, Police Station - Howrah, District -
Howrah, being LOT - B, as described in the said Deed in favour of
Smt. Hardei Devi by virtue of a registered Deed of Gift which was
recorded in Book No. I, Volume No. 5, Pages from 193 to 200, Being
No. 298 for the year 1975 in the Office of the Sadar Joint Sub-
Registrar, Howrah;

AND WHEREAS the said Smt. Rukmini Devi transferred her

undivided 1/4th share in in a definitely demarcated part or portion of
the said property which measured about 19 (nineteen) cottahs 8(eight)
chhitaks & 42 (forty two) sq feet, comprised within and being a part of
the municipal premises no 80 & 80/1, Joy Narayan Santra Lane,
 9

Police Station - Howrah, District - Howrah, being LOT - B, as

described in the Sale Deed in favour of Smt. Hardei Devi by virtue of a
registered Deed of Gift which was recorded in Book No. I, Volume No.
15, Pages from 107 to 114, Being No. 330 for the year 1975 in the
Office of the Sadar Joint Sub-Registrar, Howrah;

AND WHEREAS the said Smt. Bidya Devi transferred her undivided
1/8th share in a definitely demarcated part or portion of the said
property which measured about 19 (nineteen) cottahs 8(eight)
chhitaks & 42 (forty two) sq feet, with structure consisting of five
storied building comprised within and being a part of the municipal
premises no 80 & 80/1, Joy Narayan Santra Lane, Police Station -
Howrah, District Howrah, being LOT - B, as described in the said
Deed favour of Smt. Hardel Devi by virtue of a registered Deed of Gift
which was recorded in Book No. 1, Volume No. 2 pages from 219 to
227, Being No. 339 for the year 1975 in the Office of the Sadar Joint
Sub-Registrar, Howrah;

AND WHEREAS by dint of the aforesaid four Deeds of Gift the said
Hardei Devi acquired an undivided 3/4 share in the definitely
demarcated part or portion of the said property which measured about
19(nineteen) cottahs 8(eight) chhitaks & 42 (forty two) sq feet,
comprised within and being a part of the municipal premises no 80 &
80/1, Joy Narayan Santra Lane, Police Station - Howrah, District -
Howrah, being LOT-B, as described in the sald Deeds, which added to
her 1/4 share, which she had acquired by dint of purchase from the
erstwhile Owners vide the Deed of Conveyance which was duly
recorded in Book No. 1, Volume No.51, pages from 68 to 79, Being No.
2749 for the year 1959 in the Office of the Sub-Registrar, Howrah,
made her the sole and absolute Owner and Occupier of the said
property measuring about 19(nineteen) cottahs 8(eight) chhitaks& 42
(forty two) sq feet, comprised within and being a part of the municipal
 10

premises no 80 & 80/1, Joy Narayan Santra Lane,, Police Station -

Howrah, District - Howrah;

AND WHEREAS, the said Hardel Devi, during her life time, mutated
and separated the said LOT - B, measuring about 19(nineteen) cottahs
8(eight) chhitaks & 42(forty two) sq feet, be the same little more or
less, in the records of the Howrah Municipality, though in the said
Howrah Municipal Corporation records, it measures 20 cottahs 5
chhitaks& 35 sq feet and her said premises, was since mutated as
80/1, Joy Narayan Santra Lane, Police Station - Howrah, District -
Howrah.

AND WHEREAS the said Smt. Hardel Devi died intestate on

19.02.2000, her husband Richpal Agarwala having predeceased her,
leaving behind one son namely Govind Ram Agarwala and two
daughters namely Smt. Meena Goenka and Bina Kumari Agarwal as
her legal heirs and representatives who thus on her death, by way of
inheritance, acquired an undivided 1/3rd share each in the said
property measuring about 19 (nineteen) cottahs 8(eight) chhitaks &
42(forty two) sq feet, be the same little more or less, though in the said
Howrah Municipal Corporation records, it measures 20 cottahs 5
chhitaks& 35 sq feet being the municipal premises no 80/1, Joy
Narayan Santra Lane, Police Station - Howrah, District - Howrah, free
from all encumbrances and charges whatsoever;

AND WHEREAS, Smt Meena Goenka and Bina Kumari Agarwal, the
said two sisters of the Donor herein, out of natural love and affection
for their brother, Sri Govindram Agarwala, the Donee herein, executed
and registered a Deed of Gift on the 30th of September, 2013, which
has been duly registered in the office of the District Sub Registrar,
Howrah and is recorded in Book No-L C.D. Volume No 31, Pages 1648
 11

to 1662, Being no. 09271 for the year 2013, whereby they transferred
and conveyed their joint undivided 2/3nd share in the said property
measuring about 19(nineteen) cottahs 8(eight) chhitaks & 42 (forty
two) sq feet, be the same little more or less, comprised within and
being 80/1, Joy Narayan Santra Lane, Police Station - Howrah,
District - Howrah, alongwith the structures standing thereon in favour
of Govind Ram Agarwala.

AND WHEREAS, thus on the strength of the aforesaid Deed of Gift

executed by the said Smt. Meena Goenka and Bina Kumari Agarwal,
Govind Ram Agarwala, the Vendor herein, who was the Owner to an
undivided 1/3rd share in ALL THAT piece and parcel of the property
measuring about 19 (nineteen) cottahs 8(eight) chhitaks & 42(forty
two) sq feet, be the same little more or less, comprised within and
being 80/1, Joy Narayan Santra Lane, Police Station - Howrah,
District - Howrah, thus became the absolute Owner and occupier of
the same;

AND WHEREAS, the Vendor herein out of natural love and affection
for his wife Smt Tara Devi Agarwal and son Anurag Agarwal executed
and registered two Deeds of Gifts thereby bequeathing, transferring
and conveying unto and in their favour an undivided 1/2 share each,
In a definitely demarcated part or portion of the premises no 80/1,
Joy Narayan Santra Lane, Police Station - Howrah, District - Howrah,
measuring about 15 (fifteen) cottahs 5(five) chhitaks 13(thirteen) sq
feet, which however did not include the part or portion of the land in
the said premises over which the five storied building is standing. The
said Deed of Gifts have been executed on the 7th day of October, 2013
and have been registered in the office of the ADSR Howrah and is
recorded in the Book no - I C.D. Volume No 16, Pages 7784 to 7800,
 12

Being no. 07897 for the year 2013 and Book no I C.D. Volume No 16,
Pages 7767 to 7783, Being no. 07899 for the year 2013 respectively,

AND WHEREAS, having executed such Deed of Gifts, Govind Ram

Agarwala, the Vendor herein is thus presently seized and possessed of
or otherwise well and sufficiently entitled to a definitely demarcated
ALL That piece and parcel of the bastu land measuring about 4(four)
cottahs 3(three) chhitaks 29(twenty nine) sq feet, be the same a little
more or less, together with a five storied building standing thereon,
which is morefully and particularly described in the First Schedule
written hereinbelow

AND WHEREAS presently the five storied building which is standing

over the First Schedule premises has become very old and it is almost
impossible for the owner to maintain the building or bear the
unbridled maintenance cost as well the mounting corporation taxes in
corresponding of the poor existing rate of rent, which is being paid by
the tenants in occupation of the various residential flats in the said
building so the Vendor/ Owner herein, has decided to sell the said self
contained residential flats situated in the said five storied building
standing at the said premises no 80/1, Joy Narayan Santra Lane,
Police Station - Howrah, District - Howrah, together with the
undivided impartiable, proportionate share or interest over the land
underneath, measuring about 3(three) cottahs 13 (thirteen) chhitaks
16(sixteen) sq feet, be the same a little more or less, which is
morefully and particularly described in the Second Schedule written
herein below and shown by Green border in the plan or map annexed
to this Deed..

AND WHEREAS, the Owner/Vendor therein out of the total residuary

land held by him, as described in the First Schedule written herein
 13

below, has retained with himself, a quantum of land measuring about

06 (six) chhitaks 13 (thirteen) sq feet, be the same a little more or less,
which is shown by Yellow border in the plan or map annexed to this
Deed and the Vendor therein grants the right of easement over such
strip of land, to be used as a passage for ingress and egress, to the
occupants of the various self contained residential flats comprised
within the building built over the Second Schedule property alongwith
the occupants of the property which is owned by Tara Devi Agarwal
and Anurag Agarwal. The present purchaser as well as his transferee
shall have such right of easement, over such land delineated by Yellow
border but he or his transferees shall never be able to claim any
absolute right over such land.

AND WHEREAS, Sri Hemant Jain the seller herein, was an old
premises tenant, In respect of the residential flat measuring about
484 sq feet, situated on the Third floor of the five storied building,
being flat no 3A and he proposed to convert the said tenanted portion
into ownership, to which proposal of his the Vendor herein agreed and
accordingly it was settled that the Purchaser being the said tenant,
will purchase the tenanted area of 484 sq.ft including super built up
area @ of Rs 1200/- per sq. ft, that is at a total consideration of Rs.
5,80,800/- (five lacs eighty thousand and eight hundred) only.

AND WHEREAS, the herein vendor being desirous of acquiring the

Unit ALL THAT piece and parcel of the residential Flat measuring a
super built up area of 484 sq feet situated on the Third floor of the five
storied building constructed over the land comprised within the
Holding and premises No. 80/1, Joy Narayan Santra Lane, Police
Station - Howrah, District - Howrah, with in the limit of Howrah
Municipal Corporation Ward No.17, together with the undivided share
in common Area, parts, amenities and facilities and proportionate
 14

undivided impartiable share in the land or ground beneath the

building and/or belonging and being a part thereof, which is morefully
or particularly described in the THIRD SCHEDULE written herein
below approached the Vendor therein.

AND WHEREAS The said therein Vendor agreed to sell and transfer
and the said therein Purchaser / herein Vendor agreed to purchase
and acquire the same.

AND WHEREAS By a Deed of Conveyance 05th day of March 2014

and made between the said Owner, therein referred to as the Vendor
of the One Part and the said therein referred to as the Purchaser of
the Other Part and registered with the Sub Registrar of Howrah in
Book No.I, CD VOLUME No. 7, Page from 3862 to 3885 Being Serial
No.1, Being Serial No.190403218 and being Deed No.02070 for the
year 2014 the Owner, in terms of the said Agreement sold.
transferred, conveyed, assured and assigned unto and in favour of the
said herein Vendor SRI HEMANT JAIN the "Said Flat" and on the
terms and conditions contained and recorded therein;

AND WHEREAS The Vendor herein are thus the Owner of the
Scheduled Property particularly mentioned and described in the Part I
of the THIRD SCHEDULE and are seized and possessed of the
Scheduled Property.

AND WHEREAS the vendor herein are thus the owner of the Schedule
Property mentioned in Third Schedule and are seized and possessed of
the Schedule Property.

AND WHEREAS the vendor/owner herein owned and occupied

situated on the Third Floor situate at the Howrah Municipal
 15

Corporation premises no. 80/1, Joy Narayan Santra Lane, Police

Station - Howrah, District - Howrah, within the limits of the Howrah
Municipal Corporation Ward No. 17morefully and particularly
described in the THIRD SCHEDULE

AND WHEREAS the herein purchasers and herein seller referred to

above has inspected and satisfied himself/herself as to the title of the
Vendor in the said flat, the plan and all the relevant enquiries and
searches about the title of the Vendor in respect of the said property.

AND WHEREAS the purchaser’s having interested to purchase

a self contained independent flat in the said building duly
inspected all the relevant title deeds and documents of the said
Vendor relating to the said property and right therein and has
satisfied themselves with regard thereto and also areas,
dimensions, measurements, specifications and other details
whatsoever concerning the said building and the flats thereat.

AND WHEREAS the Purchaser’s approached the Vendor and

expressed their willingness to purchase a self contained independent
flat being flat No 3A, measuring about 484 Sq. ft. Including super
built-up area consisting of 2(two) Bedrooms, one Kitchen, one Toilet,
one dining hall, all having mosaic flooring, situated on the Third Floor
situate at the Howrah Municipal Corporation premises no. 80/1, Joy
Narayan Santra Lane, Police Station - Howrah, District - Howrah,
within the limits of the Howrah Municipal Corporation Ward No. 17.

AND WHEREAS the Vendor as the owner and the Purchasers herein
and ALL THAT undivided proportionate share of interest in the
comprised in the said property TOGETHERWITH a self-contained
residential flat, identified by flat No 3A, measuring about 484 Sq. ft.
 16

Including super built-up area consisting of 2(two) Bedrooms, one

Kitchen, one Toilet, one dining hall, all having mosaic flooring,
situated on the Third Floor situate at the Howrah Municipal
Corporation premises no. 80/1, Joy Narayan Santra Lane, Police
Station - Howrah, District - Howrah, within the limits of the Howrah
Municipal Corporation Ward No. 17morefully and particularly
described in the THIRD SCHEDULE hereunder written, shown in the
annexed site plan or map of the floor and marked RED therein
TOGETHERWITH the common areas, facilities, amenities of the
demised premises morefully and particularly described m the
Schedule/Schedules hereunder written at and for total consideration of
Rs.15,00,000/- (Fifteen Lakh Rupees) only and the purchaser
therein has agreed to purchase the same at the above price under
following terms and conditions.

NOW THIS INDENTURE WITNESSETH AS FOLLOWS:

In pursuance of the said agreement and in consideration of sum of

Rs.15,00,000/- (Rupees Fifteen Lakh Only) , received by the
Vendor herein from time to time as indicated in the Memo of
Consideration given herein below in respect of the said flat paid by the
Purchaser (the receipt whereof the Vendor doth hereby admit and
acknowledge) the said Vendor doth hereby grant, convey, transfer,
assign and assure unto the said premises free from all
encumbrances, the said flat which is/are fully and particularly
described in the THIRD SCHEDULE herein below and shown and
delineated with colour RED in the sketch map and plan annexed
herewith and made part of the Indenture together with undivided
proportionate right, title and interest in the said land hereupon the
Second Schedule property is standing and situated including the
undivided right, title and interest in the common portion, parts and
 17

equipments of the building as also in the staircase leading to the

Second Schedule property, entrance, entrance space landing main
entrance gate of the building, meter room/meter space, water
reservoir both in the ground as well as on the top roof , main water
supply line, water pump room, meter and pump, common electrical
lines and fittings, sewerage and drainage line, outer wall of the
building, common area and land surrounding the building, boundary
wall together half the depth of all the joints above between its ceiling of
the flat below with full ownership of all doors, windows, fixture and
fittings to be provided with the said unit on the flat and to be provided
outside the said flat for common user and all benefits of all ancient and
other right, liberties easement, appendages and appurtenances and
all estate right, title and interest and/or claim whatsoever of the
under in the said 'unit/flat and in other common portions free from all
encumbrances and attachment whatsoever except the right of
demolition or committing waste or demolition of any common part of
the building TO HAVE AND TO HOLD the said flat described in the
THIRD SCHEDULE herein below hereby covenant with the Purchaser,
his heirs, executors, legal representatives, administrators and assigns
that notwithstanding any acts, deed or things hereof done executed or
knowingly suffered to the contrary the Vendors are now lawfully seized
and possessed of the said property free from any
encumbrances, attachment and defeat in the title whatsoever and the
Vendor have full power and absolute authority to sale the said
property in the manner aforesaid AND the Purchaser shall hereafter
peaceably and quietly hold, possess and enjoy the said property in khan
or through tenants without any persons claiming through or under
them AND further that the Vendor, his successor or successors
and further covenant with the Purchaser his heirs, legal
representatives, executors, administrators and assigns from or against
all encumbrances, charges, liens attachments, equities whatsoever
 18

AND the Vendor his successor or successors further covenant that

they shall at the request and cost of the Purchaser his heirs,
executors, administrators, legal representatives and assigns do or
execute or cause to be done or executed all such lawful acts, deeds and
things whatsoever for further or more perfectly conveying and assuring
the said property and every part thereof in the manner aforesaid
according to the true intent and meaning of this deed.

AND the Purchaser's undivided interest in the soil shall

remain joint for all times with the other co-unit/flat owners who may
have acquired right, title and interest in the land and in any unit/flat
in the said building of the said premises AND THAT the interest of
the soil shall remain impartible.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER’S

AS FOLLOWS:

A. The interest which the Vendor doth hereby profess to transfer

subsists and that the Vendor have the full right and power
and absolute authority to grant, sell, transfer, convey, assign
and assure, release and relinquish unto the Purchaser’s the
said demarcated space along with the super structures/flats
and the said undivided share together with the above mentioned
rights in the manner aforesaid.

B. The Vendor is lawfully, rightfully and absolutely seized and

possessed of or otherwise well and sufficiently entitled to the
said premises as mentioned in the FIRST SCHEDULE and the
Vendor has good and absolute right, title or authority to grant,
convey transfer, assign or assure the said piece and parcel of
undivided, indivisible, proportionate share or interest in the
 19

said piece or parcel of land described in the SECOND

SCHEDULE hereunder written along with ALL THAT piece and
parcel of the residential Flat measuring a super built up area
of 484 sq feet situated on the Third floor of the five storied
building constructed over the land comprised within the
Holding and premises No. 80/1, Joy Narayan Santra Lane,
Police Station Howrah, District Howrah, with in the limit of
Howrah Municipal Corporation Ward No.17, together with the
undivided, indivisible, proportionate share or interest in the
common area, with common facilities, and all the rights,
privileges and appurtenances thereunto belonging and hereby
sold, conveyed or transferred to the Purchaser’s in the
manner as aforesaid and the Vendor herein have not done or
suffered knowingly anything whereby the said property being
both the SECOND SCHEDULE as well as the THIRD
SCHEDULE property, may be encumbered, affected or
Impeached in estate, title or otherwise;

C. The Purchaser’s shall after the completion of Registry of

the flat, apply for and have the said flat separately assessed
for the purpose of assessment of Kolkata Municipal
Corporation for Taxes and That the Purchaser’s is entitled to
have mutation of his name in respect of the Said Flat in all
public records, local body and also to obtain all documents in
his name and the Vendor hereby undertake to help and
assist the Purchaser’s in all possible manner in getting the
Said Residential Flat mutated in the name of the Purchaser’s
in the relevant records of all concerned departments/
authorities.

D. It shall be lawful for the Purchaser’s to hold and enjoy the said
demarcated space along with super-structures/ flat the said
 20

undivided share and the said flat and every part thereof and
to receive, rents, issues and profits thereof without any
interruption, disturbances, claims or demands whatsoever from
or by the Vendor. And freed and cleared from and against all
manners of encumbrances, trusts, liens and attachments
whatsoever save only those as are herein expressly contained
and/or specified in the said Agreement. The Vendor will from
time to time and at all times hereafter upon every reasonable
request and at the costs of the Purchaser’s make do
acknowledge execute and perfect all such further and/or
other lawful and reasonable acts, deeds and things
whatsoever for further better or more perfectly assuring the
said demarcated space along with super- structures flat and
the said undivided share together with the rights hereby
granted, unto the Purchaser’s and in the manner aforesaid.

E. The said demarcated space along with super-

structures/flat the said undivided share and all other
properties and rights hereby transferred arc free from all
encumbrances, attachments, liens, lispendences, whatsoever
made or suffered by the Vendor.

F. The said property is free and discharged from and against all
manner of encumbrances, charges, trust, lien, attachments,
claims or demands whatsoever and has not been pledged or
mortgaged in any manner whatsoever before any bank or
financial institution or any person or body of persons. The
said SECOND SCHEDULE as well as the THIRD SCHEDULE
property are not subject matter of any suit or litigation or
proceedings before any Court of law or any other quasi judicial
or statutory authority and has not been offered as a security
to any Court or revenue authority.
 21

G. It shall be lawful for the Purchaser’s from time to time and at

all times hereafter to enter upon hold and enjoy the said Flat
and to receive the rents, issues and profits thereof having
right to let-out, sale or any kind of transfer without any
Interruption, hindrance claim or demand or disturbance
whatsoever from the Vendor or any person or persons
claiming through under or in trust for them.

H. The Vendor shall from time to time and at all times hereafter
upon every reasonable request and at the cost of the
Purchaser’s do and/or execute all such further and other
lawful and reasonable acts, deeds, conveyances matters and
things whatsoever for better or more perfectly assuring the
said property unto the Purchaser’s in the manner aforesaid
as shall or may be reasonably required.

I. The Vendor do hereby for itself and its agents, executors,

administrators, representatives and assigns shall from time to
time keep the Purchaser’s harmless and indemnified against
any loss or injury suffered in respect of ALL, THAT piece and
parcel of the residential Flat measuring a super built up area
of 484 sq feet situated on the Third floor of the five storied
building constructed over the land comprised within the
Holding and premises No. 80/1, Joy Narayan Santra Lane,
Police Station Howrah, District - Howrah, with in the limit of
Howrah Municipal Corporation Ward No.17, together with
undivided, indivisible, proportionate share or interest in the
said place or parcel of land described in the THIRD
SCHEDULE hereunder written from and against all actions
losses or claims or demands whatsoever to which the Vendor
shall or may become subject in case it appears that the said
 22

Deeds and writings in relation to the said Flat together with

the undivided, indivisible, proportionate share or interest in
the said piece or parcel of land described in the SECOND
SCHEDULE hereunder written, have been deposited with any
other person or persons or Institution by way of its security or
have been otherwise dealt with in any manner so as to
prejudice or affect the absolute title of the Vendor or their
predecessor in title they claims to transfer by dint of this
Deed, to the said flat together with the proportionate
undivided, Impartible share in the land heriditaments or
premises or any part thereof.

J. The Purchaser’s shall have the right to repair and renovate

the said flat and shall also be able to effect internal additions
and alterations in the same, without affecting the structural
engineering of the building.

K. The premises whereon the said Property is situated is not hit

by the provisions of the (Acquisition & Regulation) Act, 1981
or that there is no vacant land in excess of the ceiling limit.
That the Vendor hereto has consented to make further
document/deed (if required) in case any error be found in the
original deed.

L. That the vendor shall unless prevented by fire or some other

inevitable accident from time to time and at all times hereafter
upon every request and at the cost of the Purchaser’s produce
or cause to be produce to the Purchaser’s or to their attorney
or at any trial commission, examination or otherwise as
occasion shall require allow every of the deeds and documents
and writings those are in the custody of the vendor and at the
like request and at the cost of the Purchaser’s shall deliver to
 23

the Purchaser’s the copies of the same and will in the mean
time unless prevented as aforesaid keep the said deeds,
documents and writings safe, un obliterated and uncancelled.

M. The Vendor will not do any or make any grant whereby the
rights of the Purchaser’s hereunder may be prejudicially
effected and shall do all acts and may be necessary or assure
the rights, available to the Purchaser’s as a Purchaser’s and
as a Co-owner hereunder from the other Co-owners.

N. The Vendor will duly fulfil and perform all their

obligations and covenants elsewhere herein expressly
contained.

O. Hence, the Purchaser’s will have the absolute right to

transfer by way of sale, mortgage, lease/rent and/or gift of
the THIRD SCHEDULE property along with the right of
other Schedules to any person or persons and also charge
the same in whatsoever manner and the Vendor and other
Co-owners shall have not any right to obstruct for the same.

THE PURCHASER’S DOTH HEREBY DECLARE AND COVENANT WITH

THE VENDOR AS FOLLOWS:-

A. The Purchaser’s shall observe fulfil and perform the covenants

hereunder written and shall regularly pay and discharge all
and impositions for the said flat wholly and common
expenses proportionately and all other out goings in
connection with the said flat wholly and the said building
proportionately.

B. The Purchaser’s has received possession of the said flat and

they will not raise any further claim for the same. The
 24

Purchaser’s declares that she is satisfied on materials used

and the workmanship of the building.

C. The Purchaser’s will not for any reason whatsoever

obstruct the Vendor and the other Co-owners in their
transferring the land and/or parts thereof as proportionate
undivided share or any other flat or flats or other portions of
the said building and/or space or spaces with super-
structures/flat to any person or persons like manner of the
Purchaser’s , other than the common parts/portion/ area in
the said premises. d) To contribute and pay the proportionate
part of expenses and outgoings mentioned in the SEVENTH
SCHEDULE hereunder written.

D. As long as the said Flat is not separately assessed, to pay for

Municipal Tax and other taxes, cesses and outgoing and other
impositions in respect of the said Flat proportionately, the
Purchaser’s shall be liable to pay the same jointly with other
occupiers/owners.

E. To Permit the men of Association (to be formed) and its

surveyors or agents without or with worker and others, at all
reasonable time to enter into and upon the said Flat or any
part thereof if required to view and examine the structural
conditions of the building, with prior notice.

F. To keep the said Flat in good and substantial repair and

(without prejudice to generality of the same as part of the Sub-
Clause and to keep the said Flat in the said building in good
repair as necessary to form such support and protection to the
other parts of the said Building as they now enjoy.
 25

G. That the Purchaser’s shall have no roof right as well as right

on the up stair and corridors of the upper floors of the
building (they shall have no right to use or occupy the same in
any material point of time in any manner whatsoever) and the
Vendor shall have full right to sell or transfer, let-out or part
with possession of the same to any body at his choice and
desire and also shall have the right to let-out the said roof for
any commercial purpose i.e. for installing hoarding, telephone
tower, A.T.M. Tower etc. or transfer the same to any third
party and shall have also right to make further construction
on the said roof and carry the required materials by the stair
and common areas and the Purchaser’s shall have no right to
raise any objection in this regard. However, the Purchaser’s
shall be able to use the roof for any occasion or family
gathering or the like subject to the prior permission of the
Vendor.

H. The Purchaser’s shall not have any right to raise any

objection solely or jointly with others against raising any
additional floor or floors over the existing construction by the
Developer/Owner and also not to raise any objection as
regards the proportionate diminution of the undivided
impartiable proportionate right over the land comprised within
the SECOND SCHEDULE property, following such
construction of additional floor/s, If any.

THE FIRST SCHEDULE ABOVE REFERRED TO

ALL THAT piece and parcel of the demarcated mokorari mourashi

Bastu Land measuring about 4(four) cottahs 3(three) chhitaks
29(twenty nine) sq feet, be the same a little more or less, together with
a five storied old building, standing thereon, comprised at Howrah
 26

Municipal Corporation Holding No. 80/1, Joy Narayan Santra Lane,

Police Station Howrah, District - Howrah, within the limits of the
Howrah Municipal Corporation Ward No. 17, butted and bounded as
follows:-

ON THE NORTH : By the premises no 80/1/1 Joy Narayan

Santra Lane & Joy Narayan Santra Lane
ON THE SOUTH : Partly by 80/1, Joy Narayan Santra Lane &
71, Joy Narayan Santra Lane.
ON THE EAST : By the 80/1, Joy Narayan Santra Lane, being
the property of Tara Devi Aggarwal & Anurag
Agarwal 14 Feet width Lane.
ON THE WEST : Partly by the premises no 80/1/4 & partly by
72, Joy Narayan Santra Lane,

SECOND SCHEDULE ABOVE REFERRED TO

ALL THAT piece and parcel of the demarcated mokorari mourashi

Bastu Land measuring about 3(three) cottahs 13 (thirteen) chhitaks
16(sixteen) sq feet, be the same a little more or less, together with a
five storied 54 (Fifty Four) old building, standing thereon, comprised
at Howrah Municipal Corporation Holding No. 80/1, Joy Narayan
Santra Larie, Police Station - Howrah, District Howrah, within the
limits of the Howrah Municipal Corporation Ward No. 17,
delineated by GREEN border in the plan annexed, TOGETHER WITH
facilities of the premises, fittings, installations, equipments in and
about the said Premises and path, passages, drive-ways, water, water
courses, liberties, privileges, lights, easements, appendages and
appurtenances whatsoever belonging or in any way appertaining
thereto, together with the right of easement over the passage situated
on the eastern side running to Joy Narayan Santra Lane, delineated
 27

by YELLOW border, in the plan annexed hereto, butted and bounded

as follows:-

ON THE NORTH : By the premises no 80/1/1 Joy Narayan

Santra Lane & Joy Narayan Santra Lane

ON THE SOUTH : Partly by 80/1, Joy Narayan Santra Lane &

71. Joy Narayan Santra Lane.

ON THE EAST : By the residuary land of the Vendor 80/1,

Joy Narayan Santra Lane,

ON THE WEST : By 72, Joy Narayan Santra Lane,

THE THIRD SCHEDULE ABOVE REFERRED TO

ALL THAT piece and parcel of one self contained residential flat
being No 3A, measuring about 484 Sq. ft. Including super built-up
area, Carpet Area 436 sq. ft. consisting of 2(two) Bedrooms, one
Kitchen, one Toilet, one dining hall, all having Mosaic flooring,
situated on the Third Floor of the 54(fifty four) year old
residential building situate at the Howrah Municipal Corporation
premises no. 80/1, Joy Narayan Santra Lane, Police Station -
Howrah, District - Howrah, within the limits of the Howrah
Municipal Corporation Ward No. 17, (NO LIFT FACILITY)which is
specifically shown in the annexed Plan herewith delineated by 'RED'
border together with the undivided impartiable proportionate share or
interest in the land underneath the Second Schedule property, butted
and bounded as follows:-
ON THE NORTH : Open to sky.
ON THE SOUTH : Vendor's Flat.
ON THE EAST : Open Sky.
ON THE WEST : Partly by staircase & lobby and partly
Owned by Govind Ram Agarwala’s flat.
 28

THE FOURTH SCHEDULE ABOVE REFERRED TO

1. The Purchaser’s shall be entitled to all rights, privileges

vertical and lateral easement, quasi easements, appendages
and appertaining to the said Flat together with usually hold
used occupied or enjoyed or known as part or parcel thereof or
appertaining thereto which are hereinafter fully specified
except and reserving unto the Vendor the rights easements,
quasi-easements privileges and appurtenances hereinafter
more particularly set forth in the Fourth Schedule hereto.

2. The right of access in connected common areas with the

Vendor and/or other occupiers of the said building at all times
and for all times and for all normal purposes connected with
the use and enjoy of the same including electrical
installations.

3. The right of way in common connection with the said Flat as

aforesaid at all times for all purposes connected with the
reasonable use and enjoyment of the said Flat comprised in
the said building provided always and invites the Purchaser’s
not to obstruct in any way by deposit of materials or otherwise
as the same is free passage of other persons including the
Vendor, who are legally entitled to use the same as aforesaid.

4. The right of protection of the said Flat by or from all parts of

the building so far they now protect.

5. The right of connected passage in common as aforesaid

electricity and soil from and to the said Flat Space through
pipes drains wires and conduits lying or being in under
through or over the said Building on premises so far as may be
 29

reasonable and necessary for the occupation of the said Flat

for all purposes whatsoever.

6. The right with or without workmen and necessary materials

for the Purchaser’s to enter from time to time upon the other
common parts of the said building and premises, the
Association (to be formed) for the purpose of repairing so far as
may be necessary the pipes drains wires and conduits
aforesaid for the purpose of repairing repainting or cleaning
any parts of the said Flat in or so far as much repairing or
cleaning as aforesaid cannot be reasonably carried out without
such entry and in all such cases upon giving twenty four
hours previous notice in writing of his intention so to enter
upon the Vendor and/or other persons properly entitle to the
same.

7. That the Purchaser’s shall have right to use the said Flat as
per his choice desire, subject to the restrictions herein
imposed.

THE FIFTH SCHEDULE ABOVE REFERRED TO

(The under mentioned rights easements and quasi - easements
privileges and appurtenances shall be excepted out of the proposed
sale and reserved for the Building)

1. The right in connected common areas with the Purchaser’s

and/or other persons or person entitle to the other part or
parts of the said building including its installations, electrical
Installations and connecting passages.

2. The right of protection for other or further portions of the sald

building by all parts of the said Flat so far as they now protect
the same.
 30

3. The right of passage in common with the Purchaser’s and

other persons as aforesaid, of electricity and soil from and to
any part (other than the said Flat of the other parts of the said
building through pipes drains wires conduits lying or being in
under through or over the said Flat so far as may be
reasonably necessary for the beneficial use and occupation of
the other portion or portions of the said Building for all
purposes whatsoever.

THE SIXTH SCHEDULE ABOVE REFERRED ΤΟ

(Restrictions imposed in respect of the said Flat)

1. Not to use the said Flat nor to permit the same to be used for
any purpose whatsoever other than any purpose from which
nuisance can arise to the Vendor and occupier of the other
Flats/Spaces comprised in the neighbourhood nor for any
illegal purposes.

2. Not to throw dirty things or rubbish or other refuse waste or

permit same to be thrown into the staircase or common areas
of the said building.

3. The Purchaser’s shall not store in the FLAT any goods of

hazardous or combustible nature or which are too heavy to
affect the construction or the structures of the sald building or
the insurance of the building.

4. It is hereby expressly made clear that in no event the

Purchaser’s shall be entitled to open out any new window or
any other apertures projecting outside the exterior of the said
portion of the said building.
 31

5. The Purchaser’s shall permit the Owners and their surveyor

or agent with or without workmen and other at all reasonable
time to enter into upon the said Flat or any part thereof to
view and examine the state and condition thereof and make
good within 7 days from giving of such notice all defects
decays and want of repairs of which a notice in writing shall
be given by the Owners to the Purchaser’s .

6. To observe and perform all rules and regulations or

restrictions from time to time in force for the purpose of proper
use and management of the said building.

7. Not to commit or cause or permit to be committed any

alteration or change in pipes conduits cables and other
fixtures and fittings serving the said building and the said
FLAT.

8. Not to carry out any obnoxious, noisy, dangerous, illegal or

immoral activity in the said Flat or in the common portion of
the said building or cause any nuisance or annoyance to the
other occupants of the building.

THE SEVENTH SCHEDULE ABOVE REFERRED TO (Proportionate

Expenses)

1. The expenses of maintaining repairing etc. of the main

structures of the building and enjoyed or used by the
Purchaser’s in connected common areas with Vendor and
other Owners/Occupiers of the Flat/Space and the main
entrances passages of the building as enjoyed by the
Purchaser/s in common.
 32

2. Costs of the common meter and cost of maintaining/ repairing

and replacement of the common electrical as well as other
instruments/equipments of common use.

3. The costs of salaries of care takers.

4. All litigation expenses, if any, appertaining to the maintenance

and protection of the said Building and disputes regarding
claims and/or demands from the Municipality and/ or other
local authorities.

THE EIGHTH SCHEDULE ABOVE REFERRED TO (COMMON

AREAS AND FACILITIES)

Proportionate share of the land on which the building has been

constructed on the premises no. 80/1, Joy Narayan Santra Lane,
Police Station - Howrah, District - Howrah, with all its easement and
quasi easement; rights and appurtenances belonging thereto.

THE NINTH SCHEDULE ABOVE REFERRED TO

A. The Purchaser’s shall not any time claim. partition of the

said undivided proportionate share in the land and/or in the
common parts and/or in any of the common areas, ultimate
and facilities in the land and the said Building in which the
Purchaser’s have any right in common with co owners.
 33

B. MUTATION -That the Purchaser’s is entitled to have mutation

of his name in respect of the Said Flat in all public records,
local body and also to obtain all documents in the name of
Purchaser’s and the Vendor hereby undertake to help and
assist the Purchaser’s in all possible manner in getting the
Said Residential Flat mutated in the name of the Purchaser’s
in the relevant records of all concerned departments/
authorities.

C. TAXES AND IMPOSITIONS -Till the Purchaser flat is separately

assessed and mutated in respect of any Tax or imposition
the Purchaser’s shall bear and pay proportionate share of
Rates and Taxes. mutation and separate assessment of the
flat the Purchaser’s shall pay wholly all rents, taxes and
impositions in respect of the flat proportionately in respect of
the common portions. The terms "Rents' and impositions
referred to herein above shall include the Land Revenue,
Corporation Rents and Taxes surcharge Tax, Land Tax,
Betterment Fees and Water Tax etc. and/or Taxes of similar
nature and/or any other new taxes as may come to be imposed
in future from time to time,

D. MANAGEMENT AND MAINTENANCE OF THE COMMON

PORTIONS - The Vendor and upon their formation the
Association of flat owners shall maintain and control the
common portions and pay all common expenses and do all
acts, deeds and things as may be necessary expedient relating
to common purposes as mentioned hereinabove.
 34

IN WITNESS WHEREOF the parties hereto have set and

subscribed their respective hands and seals on the day month and
year first above written.

SIGNED, AND DELIVERED in the

presence of :
1.

__________________________________
Signature of the Vendor
2.

__________________________________
Signature of the Purchaser’s
 35

MEMO OF CONSIDERATION

RECEIVED of and form the within named Purchaser’s the within

mentioned sum of Rs.15,00,000/- (Rupees Fifteen Lakh Four Only)
being the total consideration of as per memo given below :-

Cash/Cheque Date Name of the Amount

No. Bank and (Rs.)
Branch
272583 15.07.2022 PNB 2,00,000.00

272586 12.08.2022 PNB 2,00,000.00

07.04.2023 ICICI 1,00,000.00

02.09.2023 ICICI 1,00,000.00

27.04.2023 ICICI 1,00,000.00

25.08.2023 ICICI 1,00,000.00

01.12.2023 ICICI 1,00,000.00

17.01.2024 ICICI 1,00,000.00

29.01.2024 ICICI 1,00,000.00

29.01.2024 ICICI 1,00,000.00

NEFT 19.02.2024 ICICI 1,00,000.00

NEFT 19.02.2024 ICICI 1,00,000.00

Total : 15,00,000.00
(Rupees Fifteen Lakh ) only
WITNESSES :
1.

__________________________________
Signature of the Vendor
2.