SALE DEED OF FLAT IN “ADHUNIK VASUNDHARA”

ON OWNERSHIP BASIS

THIS SALE DEED OF FLAT IN “ADHUNIK VASUNDHARA” ON OWNERSHIP

BASIS is made at Guwahati on this ___ th day of May in the year TWO THOUSAND
AND SEVENTEEN Only

- BY -

M/S ADHUNIK DEVELOPERS ( PAN No.AASFA5907E), a partnership firm

having its principal place of business at 1 st Floor, Beauty Market, Kamarpatty,
Guwahati 781001, represented by its partner SHRI ANUPAM CHAKRABORTY,
son of Shri Janardan Chakraborty, a resident of Jaymati Nagar, Pandu, P.O-
Pandu, P.S- Jalukbari, Guwhati-781012 (here-in-after referred to as “VENDOR /
DEVELOPER/ BUILDER” (which expression shall unless excluded by or
repugnant to the subject or context be deemed to mean and include it’s
successors, heirs, administrators, executors and assigns) of the ONE PART.

-IN FAVOUR OF-

(1) MR. BIJOY DEY( PAN No.AKHPD7981J) , son of Late Rabindra Ch Dey, (2)
MRS. GOPA GHOSH DEY( PAN No.AGMPG4821G), wife of Sri Bijoy Dey, both
are permanent resident of Shree Bhumi Apartment, Flat No.103, Kamakhya
Nagar, Pandu, P.O-Pandu, P/S-Jalukbari, Guwahati-781012 in the District of
Kamrup (Assam) hereinafter referred to as BUYER/ PURCHASER (s) (which
expression shall unless repugnant to the context or meaning thereof shall mean
his/her/their assigns or successors, heirs, executors or administrators) of the
OTHER PART.

WHEREAS

A. (1) SRI SATYAJIT BISWAS, (2) SRI BISWAJIT BISWAS, both are sons of Late
Sisir Kumar Biswas, and (3) SMT. TAPASI BHATTACHAJEE wife of Sri
Amiya Kanti Bhattacharjee, all are residents of A. T. Road, Adabari, Guwahati-
14, P.S. Jalukbari, in the District of Kamrup (Assam), are absolutely owned
and possessed of or otherwise well and sufficiently entitled to a plot of land
measuring 1 Bigha 3.5 Lecha covered by Dag No. 158 and 159 (old) 62 (New)
of Patta No.4 (old) 159(New) situated in village Maligaon, under Jalukbari
Mouza, Guwahati-14 in the District of Kamrup(M), Assam , more fully and
particularly mentioned and described in Part-I of SCHEDULE-A hereunder
written.

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B. SRI CHANDRA MOHAN SINGHA, son of Late Ishan Ch. Singha, a resident of
C/o-Buddhist Temple, Pandu, Guwahati-12, P.S. Jalukbari, in the District of
Kamrup (Assam), is absolutely owned and possessed of or otherwise well
and sufficiently entitled to a plot of land measuring 10 Lecha covered by Dag
No. 65 of Patta No. 160 situated in village Maligaon, under Jalukbari Mouza,
Guwahati-14 in the District of Kamrup(M), Assam, more fully and
particularly mentioned and described in Part-II of SCHEDULE-A hereunder
written.

C. SRI KANU LAL PAUL, son of Late Karuna Lal Paul, a resident of A. T. Road,
Adabari, Guwahati-14, P.S. Jalukbari, in the District of Kamrup (Assam), is
absolutely seized and possessed of or otherwise well and sufficiently entitled
to a plot of land measuring 15 Lecha covered by Dag No. 62 of Patta No. 159
situated in village Maligaon, under Jalukbari Mouza, Guwahati-14 in the
District of Kamrup(M), Assam, more fully and particularly mentioned and
described in Part-III of SCHEDULE-A hereunder written.

D. SRI DIGANTA SAIKIA, son of Late Dhaniram Saikia, a resident of Kahilipara,

Guwahati, P.S. Dispur, in the District of Kamrup (Assam), is absolutely seized
and possessed of or otherwise well and sufficiently entitled to a plot of land
measuring 3 Lecha covered by Dag No. 62 of Patta No. 159 situated in village
Maligaon, under Jalukbari Mouza, Guwahati-14 in the District of Kamrup (M),
Assam more fully and particularly mentioned and described in Part-IV of
SCHEDULE- A hereunder written.

E. The lands as described above are contiguous /adjacent to each other.

F. In pursuant to the negotiations by and between the said DEVELOPER and

the LANDOWNERS of PART-I of SCHEDULE-A land a DEVELOPMENT
AGREEMENT was executed being registered as Deed No. BK-I/10386/2011
dated 29.11.2011. The aforesaid landowners also executed an
IRREVOCABLE GENERAL POWER OF ATTORNEY being registered as
Deed No. BK-IV/4546/2011 dated 29.11.2011 in favour of the said
DEVELOPER/BUILDER, thereby empowering them to develop their land by
constructing the multi-storied building and to sell residential flats,
commercial space along with un-divided and undefined proportionate
share in the land and right to build and appropriate the sell proceeds of
their share.
G. In pursuant to the negotiations by and between the said DEVELOPER and
the LANDOWNERS of PART-II of SCHEDULE-A property a DEVELOPMENT
AGREEMENT was executed between the LANDOWNER being registered as

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 Deed No. BK-I/3554/2012 dated 24.04.2014. The aforesaid landowners
also executed an IRREVOCABLE GENERAL POWER OF ATTORNEY being
registered as Deed No. BK-IV/1514/2012 dated 24.04.12 in favour of the
said DEVELOPER/BUILDER, thereby empowering them to develop their
land by constructing the multi-storied building and to sell residential flats,
commercial space along with un-divided and undefined proportionate
share in the land and right to build and appropriate the sell proceeds of
their share.
H. In pursuant to the negotiations by and between the said DEVELOPERS and
the LANDOWNERS of PART-III of SCHEDULE A property a DEVELOPMENT
AGREEMENT was executed between the LANDOWNER being registered as
Deed No. BK-I/10384/2011 dated 29.11.2011. The aforesaid landowners
also executed an IRREVOCABLE GENERAL POWER OF ATTORNEY being
registered as Deed No. BK-IV/4548/2011 dated 29.11.2011 in favour of the
said DEVELOPER/BUILDER, thereby empowering them to develop their
land by constructing the multi-storied building and to sell residential flats,
commercial space along with un-divided and undefined proportionate
share in the land and right to build and appropriate the sell proceeds of
their share.
I. In pursuant to the negotiations by and between the said DEVELOPERS and
the LANDOWNERS of PART-IV of SCHEDULE A property a DEVELOPMENT
AGREEMENT was executed between the LANDOWNERS being registered
as Deed No. BK-I/10385/2011 dated 29.11.2011. The aforesaid
landowners also executed an IRREVOCABLE GENERAL POWER OF
ATTORNEY being registered as Deed No. BK-IV/4543/2011 dated
29.11.2011 in favour of the said DEVELOPER/BUILDER, thereby
empowering them to develop their land by constructing the multi-storied
building and to sell residential flats, commercial space along with un-
divided and undefined proportionate share in the land and right to build
and appropriate the sell proceeds of their share.
J. The said DEVELOPER/BUILDER, i.e. M/S ADHUNIK DEVELOPERS after
execution of the aforesaid DEVELOPMENT AGREEMENTS and the
IRREVOCABLE GENERAL POWER OF ATTORNEY has merged the PART-I,
PART-II, PART-III and PART-IV of the SCHEDULE-A property into a single
plot of land which is fully described in Part-V of the SCHEDULE-A
hereunder written and here-in-after referred to as the said "ENTIRE PLOT
OF LAND".
K. The VENDOR/BUILDER on the strength of the aforesaid Power of Attorney
executed by the said landowners has constructed the multistoried building
named as “ADHUNIK VASUNDHARA” on the Part-V of the SCHEDULE-A
Plot of Land, after obtaining necessary sanction from Guwahati
Metropolitan Development Authority for construction of Multi-Storied

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 Residential Building comprising of Flats & Parking Space, Commercial
Space etc. as per GMC’s approval Letter No.
GPL/5/901/2911/2011/40/424 Dated 13.12.2012 issued by the
Commissioner, GMC.
L. The Buyer is desirous of purchasing flat being No. 604 on the 6 th floor of the
building known as ADHUNIK VASUNDHARA and has approached the
Vendor. Such flat hereinafter is referred to as Scheduled Apartment.
M. The Vendor has represented to the Buyer/Purchaser that the Scheduled
Apartment has fallen to the share of Vendor and thus absolutely belongs to
it by virtue of the above refereed various agreements.
N. The Buyer has inspected all the title documents of the Vendor in respect of
the Scheduled Land and also about the capacity, competence and ability of
the Vendor to construct the apartment thereon and providing certain
amenities and facilities which are attached to and/or are common to the
entire project of ADHUNIK VASUNDHARA. The Buyer upon such
inspection etc. is satisfied as to the title and competency of the Vendor.
O. The Vendor has agreed to sell the Scheduled Apartment together with
proportionate undivided share in land and 1 Nos. of covered car parking
space as a package for a total consideration of Rs.40,00,000/- (Rupees
Forty Lakhs only) and the Buyer has agreed to purchase the same.
P. The Vendor and the Buyer are desirous of reducing into writing the terms
of sale.
Q. The VENDOR/BUILDER has obtained necessary sale permission vide
No.KRM (M). 4-2012/48373 dated 07.03.2017 for sale of the Scheduled
Apartment along with undivided proportionate share to the land
measuring 0.40 ARE in favour of the buyer.

NOW THEREFORE THIS SALE DEED WITNESSETH AS FOLOWS:

1. In pursuance of the aforesaid agreement, the Vendor do hereby convey,

transfer and sell the said Scheduled Apartment on the 6 th Floor being
Flat No.604 measuring 1363 Sq. Feet Super Built Up Area of the
building known as ADHUNIK VASUNDHARA together with :

a) The common passage area for ingress and egress.

b) An undivided share in the Part-V of the Schedule-A Land measuring

0.40 ARE; and

c) Reserved covered parking space for 1 No. of car.

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 situated at Dag No. 62 (New) of Patta No.159 (New) of Village
Maligaon under Mouza –Jalukbari, in the district of Kamrup(Metro),
Assam, which is hereinafter referred to as the Scheduled Apartment and
more particularly described in the schedules here under in favour of the
Buyer/Purchaser for a total consideration of Rs.40,00,000/- (Rupees
Forty Lakhs only). The Vendor hereby admits and acknowledges the
receipt of the said consideration.

2. The Vendor hereby covenant that the undivided share in Scheduled Land
& the Scheduled Apartment belong absolutely to it by virtue of various
registered agreements referred to herein in the preamble of this Sale
Deed and has therefore absolute right, title or interest in respect of the
Scheduled Apartment.

3. The Vendor further covenant that the Scheduled Apartment is free from
all sorts of encumbrances, charges, cess or attachment of whatsoever
nature and as such the Vendor hereby gives warranty of title. If any claim
is made by any person either claiming through the Vendor or otherwise
in respect of the Scheduled Apartment it shall be the responsibility of the
Vendor alone to satisfy such claims. In the event of Buyer being put to
any loss on account of any claims on the Scheduled Apartment, the
Vendors shall indemnify the Buyer fully for such losses.

4. The Vendor has this day delivered vacant peaceful possession of the
Scheduled Apartment to the Buyer.

5. Henceforth the Vendor shall not have any right, title or interest in the
Scheduled Apartment which shall be enjoyed absolutely by the Buyer
without any let or hindrance from the Vendor or anyone claiming
through them.

6. The Vendor hereby covenant that he shall sign, verify and execute such
further documents as are required so as to effectively transfer/mutate
the Scheduled Apartment unto and in favour of the Buyer in the
concerned departments.

7. The Vendor hereby covenant that the Vendor has paid all taxes, cess,
charges to the concerned authorities relating to the Scheduled
Apartment payable as on the date of this Sale Deed. If any claim is made
in this respect by any department/authorities, it shall be the
responsibility of the Vendor to clear the same.

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8. The Buyer do hereby covenant with the Vendor and through the Vendor
with other owners of tenements in ADHUNIK VASUNDHARA as
follows:-

a. The Buyer shall not put forth any independent or exclusive claim,
right or title over the land on which the Scheduled Apartment is
constructed and it is hereby specifically agreed and declared that the
said land shall be held, owned and possessed jointly by the owners of
the respective apartment/parking space in ADHUNIK
VASUNDHARA.

b. That the Buyer has examined the title deeds, plans, permissions and
other documents and the construction and fixtures and fittings fitted
and installed in the Scheduled Apartment and is fully satisfied and
the Buyer shall not hereafter, raise any objection on this account.

c. That the Buyers hereby declare and undertake that they have no
objection and shall have no objection in future whatsoever on the
right of way of Sri Subhash Ch Saha and/or his families/heirs etc
through driveways of the said complex whose land under Dag No.66
is situated on the south-east corner of this complex Adhunik
Vasundhara. The buyer shall also have no objection whatsoever on
running of any commercial establishments/offices /institutions
/shops (including retail outlet of the existing IMFL) on the Semi
Basement floor, Ground Floor and First floor of the said building.
d. That the Buyer shall become a member of the ADHUNIK
VASUNDHARA Owners Association that has been / shall be formed
by the Owners of the apartments in ADHUNIK VASUNDHARA
constructed on the Schedule Land. As a member, the Buyer shall
abide by the rules and by-laws framed by the said association which
is the administrator, and supervisor of common services (lifts,
corridors, passages, staircases, roads, recreational facilities, gardens,
drainage, water supply, electricity and other such services) and
properties of common enjoyment and shall pay such amounts as may
be decided to the association every month for the proper
maintenance of the common services. If the Buyer ever fails to pay
maintenance charges for his apartment, the association shall be
entitled to disconnect and stop providing all or any services to the
Scheduled Apartment including water, electricity, etc.

e. The common facilities and services (lifts, corridors, passages,

staircases, roads, recreational facilities, gardens, drainage, water

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 supply, electricity and other such services) and other properties of
common enjoyment in the ADHUNIK VASUNDHARA, shall vest
jointly with the owners of the various tenements/ apartments /
parking space and shall be maintained, managed and administered
collectively by the said owners of the various tenements
/apartment /store /parking space and/or by the said association and
the Vendor shall in no manner be liable, accountable or responsible
for the management, administration, maintenance or upkeep of the
aforesaid building(s) or the common facilities etc., or on any other
account whatsoever.

f. The Buyer alone shall be liable and responsible for payment of all
levies, rates, taxes, assessment, duties etc., assessed or payable to the
Municipal authorities or other local bodies or authorities in respect
of the Scheduled Apartment from the date of delivery of its
possession by the Vendor to the Buyer.

g. The Buyer further covenant(s) with the Vendor and through them to
the Buyer(s) of the other premises that he/she/they shall not cut,
maim, injure, demolish, tamper or damage any part of the Scheduled
Apartment or any part of the Scheduled Apartment nor shall
he/she/they make any additions alterations in the Scheduled
Apartment without the written permission of the Vendor or other
body that may be formed for the maintenance of the Apartments.

h. That the Buyer shall keep and maintain the Scheduled Apartment in a
decent and civilized manner and shall do his/her/their part in
maintaining the living standards of the apartments, occupiers at a
high level. To this end, inter alia, the Buyer shall not (a) throw dirt,
rubbish etc., in any open place, compound, etc. (b) use the Scheduled
Apartment for illegal and immoral purpose: (c) use the Scheduled
Apartment in such manner which may cause nuisance disturbance or
difficulty to the occupiers of the other apartment etc., (d) store
extraordinarily heavy material therein: (e) do such things or acts
which may render void, or voidable any insurance on the building or
part thereof: (g) change the external appearance of the building; (h)
install cloths drying stands or other such devices on the external side
of the building.

SCHEDULE- A (The LAND)

PART-I

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All that piece and parcel of land measuring about 1 Bigha 3.5 Lecha covered by
Dag No. 62 (New) of Patta No 159(New) situated in village Maligaon, under
Jalukbari Mouza, Guwahati-14, in the District of Kamrup(M) (Assam) and is
bounded by:

East : Land under Dag No.65

West : Land under Dag No.59
North : D.G. Road (A.T. Road), Adabari
South : Land under Dag No.61

PART II

All that piece and parcel of land measuring about measuring 10 Lecha covered
by Dag No. 65 of Patta No. 160 situated in village Maligaon, under Jalukbari
Mouza, Guwahati-14, in the District of Kamrup(M) (Assam) and is bounded by:

East : Land under Dag No.65

West : Land under Dag No.62
North : Land under Dag No.62
South : Land under Dag No.61, 67

PART III
All that piece and parcel of land measuring about 15 Lecha covered by Dag No.
62 of Patta No. 159 situated in village Maligaon, under Jalukbari Mouza,
Guwahati-14, in the District of Kamrup(M) (Assam) and is bounded by:
East : Land under Dag No.66
West : Land under Dag No.62
North : Land under Dag No.62
South : Land under Dag No.61

PART IV

All that piece and parcel of land measuring about 3 Lecha covered by Dag No. 62
of Patta No. 159 situated in village Maligaon, under Jalukbari Mouza, Guwahati-
14, in the District of Kamrup(M) (Assam) and is bounded by:

East : Land under Dag No.63

West : Land under Dag No.62
North : A.T. Road
South : Land under Dag No.62

PART V
(ENTIRE PLOT OF LAND)

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All that piece and parcel of land measuring 1 Bigha 1 Katha 11.5 Lecha covered
by Dag No.62 and 65, Patta No159 & 160 situated in village Maligaon, under
Jalukbari Mouza, Guwahati-14, in the District of Kamrup (M) (Assam) and is
bounded by:

East : Land under Dag No.65

West : Land under Dag No. 59
North : D.G. Road (A.T. Road), Adabari
South : Land under Dag No.61, 66 & 67

SCHEDULE OF APARTMENT

All that portion forming an apartment on the Sixth Floor being Flat No.604
admeasuring 1363 Sq. Feet Super Built Up Area together with proportionate
undivided share of land measuring 0.40 ARE and reserved covered parking
space for 1(one) No. of car of the apartment named as ADHUNIK VASUNDHARA,
forming part of land covered by Dag No. 62 (New) of K.P. Patta No.159
(New) of Village Maligaon, under Mouza –Jalukbari in the district of Kamrup
(Metro), Assam and bounded as under:

North By : Lobby area/Flat No.601

South By : Open to Sky/Driveway on the ground

East by : Flat No.603

West By : Drive way on the ground/Open to sky

IN WITNESS WHEREOF, the VENDOR and PURCHASER have signed on this SALE
DEED on the day, month and year, first above written.

WITNESSES

1.

SIGNATURE OF VENDOR

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2.

SIGNATURE OF PURCHASER

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