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DEED OF AGREEMENT

THIS DEED OF AGREEMENT made on day of February, Two


Thousand seventeen BETWEEN (1) SHRI RAM RATAN SHAW son of
Shri Sukhram Shaw by faith – Hindu, by occupation – business (2) SHRI
RAJU PRASAD SHAW son of Shri Ram Ratan Shaw by faith – Hindu, by
occupation – service, (3) SHRI RAKESH PRASAD SHAW son of Shri Ram
Ratan Shaw by faith – Hindu, by occupation – Teacher, all the above
residing at 2, Munshigunge Road, Kolkata – 700023 and 1B, 4 th floor,
Tiljala Lane, Tiljala, Kolkata – 700039, hereinafter referred to as the
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OWNERS (which expression shall unless excluded by or repugnant to


the context be deemed to mean and include her heirs, successors,
executors, administrators, legal representatives and assigns) of the ONE
PART;

AND

M/S. R.K. Development a Proprietary Concern represented by its Sole


Proprietor RAB NAWAZ KHAN, son of Bashir Ahmed Khan, by faith –
Islam, by occupation – Business, residing at 36/1, Mominpore Road,
Police Station – Iqbalpore, Kolkata - 700023, hereinafter referred to as
the DEVELOPER/BUILDER (which expression shall unless excluded by
or repugnant to the context be deemed to mean and include her heirs,
successors, executors, administrators, legal representatives and assigns)
of the OTHER PART;

AND WHEREAS the owners herein having acquired absolute right, title
and interest in the aforesaid property got her name mutated in the
Kolkata Municipal Corporation and in peaceful possession of the same
and paying taxes to the Kolkata Municipal Corporation.

AND WHEREAS the Developer/ builder herein has proposed the


owners herein to carry out construction of multistoried building upon the
aforesaid plot of land after demolishing the existing structure standing
thereon for commercial venture as per plan to be sanctioned by the
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Kolkata Municipal Corporation as per specification with floor plans,


elevations, sections made in compliance with statutory requirements in
the said plot of land at the cost of the Developer/builder to be
constructed and will be comprised in the said new building as show in
the plan.

AND WHEREAS the Developer declare that it has made all necessary
enquiries from his places and authorities concern about the title of the
Owner in the said premises, any liability of the said premises to any
authority or any restrictions put on the said premises and declares that it
has entered this into agreement after fully satisfying itself about the title
of the OWNERS and the feasibility and suitability of the said premises
to be developed and the multistoried building to be constructed and its
allotted apartments to be let out to the intending Tenants and it would
not hold the OWNERS responsible for anything whatsoever.

AND WHEREAS the owners herein has accepted the proposal of the
Developer/Builder under the terms and conditions hereafter explicitly
described.

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed by


and between the parties hereto as follows:-

1. OWNERS shall mean (1) RAM RATAN SHAW son of Shri Sukhram
Shaw by faith – Hindu, by occupation – business (2) RAJU PRASAD
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SHAW son of Ram Ratan Shaw by faith – Hindu, by occupation –


service, (3) RAKESH PRASAD SHAW son of Ram Ratan Shaw by faith
– Hindu, by occupation – Teacher, all the above residing at 2,
Munshigunge Road, Kolkata – 700023 and 1B, 4 th floor, Tiljala Lane,
Tiljala, Kolkata – 700039.

2. DEVELOPER/BUILDER shall mean R.K. Development, a


Proprietary concern represented by its Sole Proprietor RAB NAWAZ
KHAN, son of Bashir Ahmed Khan, by faith – Islam, by occupation –
Business, residing at 36/1, Mominpore Road, Police Station –
Iqbalpore, Kolkata – 700023 and its successor/successors in office
and assign.

3. THE SAID PROPERTY shall mean all that piece and parcel of
land measuring 2 Cottah with structure standing thereon the same a
little more or less with boundary walls thereon lying and situate at
Premises No. 2, Munshigunge Road, Kolkata – 700023.

4. PROPOSED BUILDING shall mean and include the Building to


be constructed upon the said property mentioned hereinabove as per
the Building Plan to be sanctioned by the Kolkata Municipal
Corporation.

5. COMMON FACILITIES shall mean and include corridors,


staircase, passages, Lift room, Lift driveways, common lavatories
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underground water reservoir, overhead water tank, water pump,


motor and electric meter and other facilities which will be provided by
the Developer /Builder in the New Building.

6. ARCHITECT shall mean person of firm to be appointed or


nominated by the Builder of the Building.

7. BUILDING PLAN being sanctioned by the Kolkata Municipal


Corporation such alteration and/or modification as may made by the
BUILDER with the approval of the owners from time to time.

8. OWNER’S ALLOCATION shall mean 50% of the construction


along with common areas and absolute roof right of the proposed
building.

9. DEVELOPER’S ALLOCATION shall mean 50% of the


construction alongwith the common areas excluding roof right of the
proposed building.

10. TRANSFER with its grammatical variation shall include a transfer


by possession and by mean of tenany adoption affecting what is
understood as a transfer of space/ flat in a multi-storied building to
the intending Tenants thereof.
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11. TRANSFEREE shall mean the person, firm, limited Company or


association or person to whom any space /flat in the building will be
transferred by a Deed of Conveyance against valuable consideration
by the owners or their agent/agents and/or Constituted Attorney by
delivery of possession of the respective space/flat of the said Building
and/or otherwise.

12. SECURITY DEPOSIT: shall mean amount of Rs. 2,00,000/- only


to be deposited by the developer to the landowners and the same is
refundable without interest after handover the possession to owners
and or after 24 months of this date of agreement, if the Developer
failed to develop the proposed building. It is agreed by the developer
that sum of Rs. 30,000 will be paid to the owners at the time of
signing of Agreement and sum of Rs. 1,70,000 will be paid by the
developer after six months of execution of the instant agreement.

13. WORDS IMPORTING SINGULAR shall include plural and vice


versa.

14. WORDS IMPORTING MASCULINE shall include feminine and


neuter likewise words, genders shall include masculine and neuter
gender and similarly words importing neuter shall include masculine
and feminine gender.
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15. EXPLOTING RIGHTS: The owners has already granted exclusive


right to the Developer/builder by executing a General Power of
Attorney to construct the said building as per the plan approved by
the Kolkata Municipal Corporation and to induct tenant at their
allocation otherwise the Developer/Builder’s allocation portion of with
tenant rights in undivided impartibly land area to any intending
tenant as per choice of the Developer /builder and obtain necessary
advance from the intending purchasers on such terms and conditions
as the Developer/Builder may deem fit and proper after written
consent of owners save and excepting the portion earmarked from
the owners.

16. CONSIDERATION: After completion of construction of the


Building the Developer/Builder shall handover the owner’s allocation
as mentioned hereinafter together with the absolute right to use
common facilities and area/portions. The owners shall have full and
absolute right to let out at their discretion. It is particularly and
indemnify by the Developer/builder that they shall complete the
Building in all respects within 24 months/ 2 years from the date of
execution of this agreement between owners and developers, failing
which the instant agreement stand cancel/terminate forthwith and
shall loss its force simultaneously.

17. OWNER’S OBLIGATION:


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a. During continuation of this agreement the owner shall not in any


way cause any impediment or obstruction whatsoever in carrying
out construction of the said building by the Builder subject to
observation of the condition herein stated and covenant.
b. The owners shall refund the security deposit of Rs. 2,00,000/-
only to the developer without interest after handover the owner’s
allocation.
c. The Developer /Builder has already provided accommodation to
the owners and entered in to tripartite agreement between
Owners and the Tenants.
d. The Owners shall issue proper receipt to the Developer at the
time of receiving security deposit from the developer and the
developer shall also issue money receipt at the after getting back
the security deposit.
e. The owners shall pay and bear the Municipal taxes, maintenance
charges and other duties as outgoing proportionately in respect of
their allocation portion of flats as may be determined by the
association or society to be formed after completion of let out of
all flats. Be it mentioned here that as soon as the Building
construction will be started all taxes or charges, if any, in respect
of the said land or building construction will be borne by the
BUILDER till the separation or apportionment of all flats and after
let out of the flats of developer’s allocation in question among all
tenant in that case the owners will bear the taxes.
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18. BUILDER’S OBLIGATION


a. The BUILDER shall construct the Building in terms of this
agreement and in accordance with the plan sanctioned by the
Kolkata Municipal Corporation. If the builder fails to complete the
proposed building within 24 months/2 years in that event the
instant agreement shall automatically lose its force and the
security deposit shall be forfeited.
b. That the Developer has already deposit with the owner a total
sum of Rs. 2,00,000/- as security deposit including 30,000 as
advance, free from interest and refundable by way of Account
Payee cheque, the money receipt of Rs 2,00,000/- (two lakhs) be
issue by the Land lords forthwith.
c. That the BUILDER shall complete the Building in all respects
within 24 months/2 years from the date of agreement between
owners and developer/Builder. The Builder hereto has given its
undertaking that the BUILDER will complete all apartments of the
building construction within 24 months/2 years from the date of
agreement between owners and developer/Builder.
d. The BUILDER will at their own cost arrange alternate suitable
temporary accommodation nearby on rental basis for the owners
and its existing tenants.
e. The Builder will inform the owners from time to time as to the
progress of construction work.

19. ARTICLE: TITLE INDEMNITIES:


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a. The owners if hereby fully agreed and given their


consent that the Builder shall have right to advertise, fix up hoardings
or sign boards of any kind relating to the publicity for the benefit of
commercial complex loan of the new building from the date of
execution of this agreement.

b. All applications, plans and other papers and


documents as may be required by the developer for the purpose of
obtaining necessary sanction from the appropriate authorities shall be
prepared and submitted by the developer on behalf of the owners at
its own costs and expenses and the developer shall pay and bear all
fees penalties, charges and expenses including architects fees charges
and expenses required to be paid or deposited for the exploitation of
the said premises. The owners shall have no responsibility for paying
any charges in this context.

c. The Developer shall have the right to make any


further construction in the proposed building if any further sanction is
obtained from the appropriate authorities with consent of owners and
in such case the owners and the developer shall become the owner of
such additions construction in the same proportionate ratio i.e. 50%
each excluding the ultimate roof thereof.
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d. The Developer however, will not be entitled to


deliver the possession of the developer’s allocation the proposed
building to the respective nominee or nominees without offering the
possession of the owners allocation in the proposed building or in other
words the developer shall on completion of the proposed building
inform in writing to the owners to take delivery of the possession of
the owner’s allocation thereof and only thereafter the developer will be
entitled to deliver the possession of its allocation in the proposed
building to its respective nominee or nominees under tenancy of the
Landlords/owners.

e. The Developer herein agreed to develop separate


entrance for ground floor and rest of building in the proposed building.
f. The Developer herein agreed to induct new tenants
and to fix the monthly rent with written consent of the Owners.
Specially and particularly the Developer induct tenants taking care of
the presence of the temple.
g. The Developer herein agreed that the present temple
not be shifted from its present location without consent and presence
of the Owners.
h. The Developer herein agreed the developer or their
inducted tenants have no right to the roof and the owners possess and
enjoy absolute roof right to the proposed building.
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i. The Developer herein agreed that at the time of


demolish of existing structure some materials specifically wooden
article and iron beam shall handover to the owners.

20. ARTICLE X: COMMON FACILITIES :


As soon as the building is completed and occupancy or completion
certificate is obtained from the Kolkata Municipal Corporation the
Developer shall give written notice to the owner requiring the owners
to take possession of the owners allocation free from any dispute in
the building regarding the completion of the building in terms of the
agreement and according to the specification and plan thereof and
after obtaining completion certificate by the K.M.C. to that effect as
well as occupancy or partial occupancy certificate from the K.M.C. as
the case may be.

21. ARTICLE: IX : BUILDERS:


a. The owners hereby grants subject to what has been
hereinafter provided, the exclusive right to the Builder to build,
construct, erect and complete the building and to commercially
exploit the same by entering into an agreement for let out of the
areas (excluding owner allocation portion and roof) to any intending
tenant and/or transfer and/or construction in accordance with the
plan to be sanctioned in the name of Developer by the K.M.C. with or
without amendment with the approval of the owners and/or transfer
and/or construction in accordance with the plan to be sanctioned in
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the name of the Developer by the appropriate authorities with or


without amendment and/or modified made or caused by the Builder
with the approval of the owners.

b. Inconsideration of the above the Builder shall be


entitled to all other flats (excluding the owner’s allocation portion)
stated hereinabove at the said premises together with the
proportionate undivided share of land and the common facilities and
amenities and the Builder shall be entitled to enter into an agreement
for let out the portion to intending tenants and to receive and collect
all moneys in respect thereof which money shall absolutely belong to
the Builder, and the builder also fix the rent with consent of the land
lords/owners and the owners hereby give consent to the Builder
entering into the said agreement.

c. The demolition of the existing structure development


of the said land and construction of the said multistoried building
would be at the sole risk and expenses of the developer and the
developer would comply with statutory provisions and rules and
regulations thereof.

d. The Builder shall at its own cost and expenses


construct and complete the Building and provide the common
facilities and amenities at the said premises in accordance with the
plan to be specified by the Architect from the time of such
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construction of the said building shall be completed in its entirely by


the Builder within 24 months/2 years from the date of agreement
between owners and developer/Builder. This is the essence of this
agreement.

e. The Builder shall provide in the said building pump,


tube well, over-head water tank, reservoir, electrification, permanent
electric connection and until permanent electric connection is
obtained temporary connection required to be provided in the
multistoried building having self contained flats and common spaces
on the ownership basis.

22. The Builder shall be authorized to the name of the owners in so


far as is necessary to apply for and obtain quota entitled through
rents and other allocation or for cement, steel, bricks and other
building materials allocate to the owners for construction of the
building and to similarly apply and obtain temporary and permanent
connection of water, electricity, power, drainage and sewerage to the
building and the other inputs and facilities required for t he
construction or enjoyment of the building.

23. The Builder shall on its own costs and expenses without crating
any financial liability on the owner construct and complete the
building therein in accordance with the Building Plan and amendment
thereto or modification thereof made or caused to be made by the
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Builder, Engineer, with the consent of the owners in writing. All costs,
charges and expenses including Architect fee shall be discharged and
borne by the Builder and the owners shall have no liability in this
context.

24. The Builder shall bear all taxes; liabilities during the period of said
construction of the building and before starting construction the
owners shall pay the said taxes upto that time.

25. ARTICLE: COMMON RESTRICTIONS


a. The owners shall not use any tenant of any part of
the building to carry on any obnoxious health hazards or any immoral
traffic, activity or any sort of nuisance, subject to preservation of its
own rights, and ownership as stated.
b. Both the parties shall abide by all laws, rules and
regulations of the Government, Statutory Body or any association
which will be formed in future any suitable jurisdiction as may be
deemed fit and proper.

26. ARTICLE: JURISDICTION

In case any dispute arises between the parties it may be settled in


District Court and civil court or within the jurisdiction of Calcutta High
Court and/or in any suitable as may be deemed fit and proper.
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27. ARTICLE: JOINT OBLIGATION


a. The Builder shall develop the proposed multi-storied
building as per Rules and Regulations of the Kolkata Municipal
Corporation and other statutory obligations.
b. The owners will sign all necessary papers and
documents deeds and other instruments in order to implement the
process of the work of the project which will be promoted in owners’
name and under owner authority.
c. The owners will forward to the Builder the copy of
title Deed and other relevant/documents if necessary relating to
ownership of the land after execution of the agreement.
d. The owners shall execute a General Power of
Attorney, in favour of the Developer/Builder for doing such acts
deeds and things for construction of the proposed multi-storied
building and Sale of Flats and effecting delivery of physical
possession to the respective buyers/owners and benefits subject to
the property given by the Builder in respect of giving of possession of
the flats to the owner as stated before.

SCHEDULE OF THE PROPERTY:


ALL THAT piece and parcel of land measuring 2 Cottahs together with
brick built wall with tiled shed structure be the same a little more or less
with boundary walls thereon lying and situated at Premises no. 2,
Munshigunge Road, Kolkata – 700023 within the limits of Kolkata
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Municipal Corporation Police Station – Watgunge, District – Kolkata,


butted and bounded as follows :-

ON THE NORTH : Mosque;


ON THE EAST : 5’ Feet Wide Common passage ;
ON THE SOUTH : Premises No. 3 Munshigunge Road, Kolkata-700023;
ON THE WEST : Premises No. 4 Munshigunge Road, Kolkata-700023.

TECHNICAL SPECIAICATION OF THE BUILDING.

Flooring finish, skirting Dado etc.

Plaster Outside of the Building will have and cement


plaster (1:5) ¾” thick (average) whereas the
inside and the ceiling plaster will be ½ “ thick
(average) in (1:5).

Door & Windows All doors of the flat will be flush door, with
wooden frame with one mottice lock, one eye
piece and one door stopper, and with one tower
bolt.

Painting: Inside plaster of paris.

Flooring: Marble/Titles Flooring


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Window: Iron Grill window

Toilet & Kitchen Bathroom & Toilet.

a) One pan/Indian Type or Western style, white


commode and one white plastic cistern.
b) One Shower
c) Concealed plumbing line with the G.I. made &
outside Building pipes are made & outside
Building pipes are made of PVC ISI standard).
d) One white washbasin.
e) Two Tap.

Kitchen: a) One Tap.


c) One Black stone slab.

ELECTRICAL:
All Electric line will Finolex copper wires and all switch will be Anchor.
a)Each Bed Room : Bracket light points, 1 fan points, 1 Tube Light,
Fuse points 1 plus point.
b) Living /Dining 1 Light point, 1 fan, point, 1 plus point,.
c) Kitchen 1 light point, 1 exhaust fan point.
e) Toilet 1 Light point, 1 exhaust fan point,
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ALL WIRING WILL BE AS PER EXISTING C.E.S.C. REGULATIONS.

WATER SUPPLY:
One R.C.C. overhead reservoir will be provided on the top of the last
roof as per design. The suitable electrical pump with motor will be
installed at suitable area under stair case as per instruction of the
Architect. To deliver water to overhead reservoir from K.M/C water form
the under ground reservoir.

IN WITNESS WHEREOF the parties herein have set and subscribed


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

SIGNED SEALED AND DELIVERED in


presence of :
1. 1.

2.

3.

------------------------------------
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SIGNATURE OF THE
OWNERS

2. ------------------------------------
SIGNATURE OF THE
DEVELOPER

MONEY RECEIPT ISSUED BY OWNER/LANDLORD

I………………….

SIGNATURE OF THE OWNER/

WITNESS:
1.

2.

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