Deed of Conveyance
Deed of Conveyance
THIS DEED OF CONVEYANCE made this the 25th day of April, Two
Thousand and Eighteen, (2018) between TULSIAN SIDDHARTH FINANCE
PRIVATE LIMITED, PAN : AABCT0888K, a PRIVATE LIMITED
COMPANY, incorporated under the Companies Act, 1956, C.I.N. –
U45201WB199PTC052452, having its registered office at 2/3D, Panditiya Road,
P.S. Gariahat, Kolkata 700 029, presently having its office at 14A, Rowland Road,
Villa-7, Post Office – Elgin Road, Police Station- Ballygunge, Kolkata- 700020,
being represented by its Directors, 1) SRI RITESH KEDIA, PAN :
AFJPK8247B, (DIN : 00541555), son of Biswanath Kedia, residing at Flat No.
1002, Himadri Apartment, 22, Ballygaunge Park Road, Post Office –
Ballygunge, Police Station - Ballygunge, Kolkata – 700019; 2) SRI RAJESH
KUMAR BAID, PAN : AFGPB6924B, (DIN : 01794821), son of Bhawar Lal
Baid, residing at Flat No. : 34, Kusum Apartment, Third Floor, 11, Gurusaday
Road, Near Birla Museum, P.O. & P.S. Ballygunge, Kolkata 700019 and 3) SRI
KANAK KUMAR DUGAR, PAN : AGPPD6077M, son of Nem Chand Dugar,
residing at Flat No. : 34, Kusum Apartment, Third Floor, 11, Gurusaday Road,
Near Birla Museum, P.O. & P.S. Ballygunge, Kolkata 700019, hereinafter
collectively called and referred to as the ‘Vendor’ represented herein by its
directors namely 1) SRI RITESH KEDIA and 2) SRI RAJESH KUMAR BAID
(which expression shall unless excluded by or repugnant to the context be deemed
to mean and include its respective executors, administrators, legal representatives
and assigns) of the First Part.
AND
mentioned unto and in favour of K.T. Properties & Finance Private Ltd. at or for
the consideration therein mentioned ;
AND WHEREAS by virtue of a Deed of Conveyance dated 16th day of July 2004
registered at the office of the Registrar of Assurances Calcutta in Book No.l,
Volume No.1, Pages 1 to 19, Being No.6150 for the year 2004 made between Sri
Sanjeev Kumar Tulsian therein described as the Vendor of the One Part and
Akshara Villa Private Limited therein described as the Purchaser of the Other Part,
the said Sanjeev Kumar Tulsian conveyed, transferred, sold by way of sale
assigned and assured All That undivided one-sixth share into or upon premises
No. l4A, Rowland Road, Calcutta, P.S. Ballygunge, Kolkata 700 020; in the
District of 24-Parganas morefully described in the Schedule therein mentioned
unto and in favour of Akshara Villa Private Limited at or for the consideration
therein mentioned;
AND WHEREAS by virtue of a Deed of Conveyance dated 16th day of July, 2004
registered at the office of the Registrar of Assurances Calcutta in Book No.l,
Volume No.l, Pages 1 to 7, Being No. 6148 for the year 2004 made between Smt.
Kusum Tulsian therein described as the Vendor of the One Part and Jyotimoy
Emporium Private Limited therein described as the Purchaser of the Other Part, the
said Smt. Kusum Tulsian conveyed, transferred, sold by way of sale assigned and
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assured All That undivided one-ninth share into or upon premises No.14A,
Rowland Road, Calcutta, P.S. Ballygunge, Kolkata 700 020; in the District of 24-
Parganas morefully described in the Second Schedule therein mentioned unto and
in favour of Jyotimoy Emporium Private Limited at or for the consideration therein
mentioned ;
AND WHEREAS by virtue of a Deed of Conveyance dated 16th day of July, 2004
registered at the office of the Registrar of Assurances Calcutta in Book No.l,
Volume No. 1, Pages Ito 17, Being No. 6147 for the year 2004 Sri Siddarth Tulsian
therein described as the Vendor of the One Part and Colel Delcom Private Limited
therein described as the Purchaser of the Other Part, the said Sri Siddharth Tulsian
conveyed, transferred, sold by way of sale assigned and assured All That undivided
one-ninth share into or upon premises No.13A, Rowland Road, Calcutta, P.S.
Ballygunge, Kolkata 700 020; in the District of 24-Parganas morefully described in
the Schedule therein mentioned unto and in favour of Colel Dealcom Private
Limited at or for the consideration therein mentioned ;
AND WHEREAS by virtue of a Deed of Conveyance dated 16th day of July 2004
registered at the office of the Registrar of Assurances Calcutta in Book No.l,
Volume No. 1, Pages 1 to 18, Being No. 6153 for the year 2004 made between
Smt. Neelam Tulsian therein described as the Vendor of the One Part and Akshara
Manor Private Limited therein described as the Purchaser of the Other Part, the
said Smt. Neelam Tulsian conveyed, transferred, sold by way of sale assigned and
assured All That undivided one-sixth share into or upon the premises No. l4A,
Rowland Road, Calcutta, P.S. Ballygunge, Kolkata 700 020; in the District of 24-
Parganas morefully described in the Schedule therein mentioned unto and in favour
of Akshara Manor Private/Limited being the party hereto of the Fifth Part for the
consideration therein mentioned.
AND WHEREAS by virtue of the said part recited eight separate registered Deeds
of conveyance said (1) Tulsian Siddharth Finance Private Ltd - now present vendor
herein (2) R.S.T. Properties & Leasing Private Ltd (3) K.T. Properties & Finance
Private Ltd. therein (4) Sidu Developers & Investment Private Ltd (5) Akshara
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Villa Private Limited (6) Jyotimoy Emporium Private Limited (7) Colel Delcom
Private Limited (8) Akshara Manor Private Limited become absolute joint owners
of said property of KMC Premises no. 14A, Rowland Road, P.S. Ballygunge
Kolkata-700020, morefully and particularly described in the First Schedule
hereunder written referred to as the said premises.
AND WHEREAS said (1) Tulsian Siddharth Finance Private Ltd-now present
vendor herein (2) R.S.T. Properties & Leasing Private Ltd (3) K.T. Properties &
Finance Private Ltd. therein (4) Sidu Developers & Investment Private Ltd. (5)
Akshara Villa Private Limited (6) Jyotimoy Emporium Private Limited (7) Colel
Delcom Private Limited (8) Akshara Manor Private Limited jointly preparation of
a plan for construction of new seven independent houses for their use and
occupation at the said premises which was duly sanctioned vide BS No.
2004080161, Dated 10.12.2004 by the authorities of the Kolkata Municipal
Corporation and they appointed a common contractor for construction of the said
new seven separate houses of said premises no. 14A, Rowland Road, P.S.
Ballygunge, Kolkata-700013, together with common paths and passage for the
purpose of ingress and egress together with common amenities and facilities in
accordance with the said sanctioned plan hereinafter referred to as the said SEVEN
VILLAS.
AND WHEREAS after completion of the said seven houses or the villas by the
contractor as per said sanctioned building said (1) Tulsian Siddharth Finance
Private Ltd-now present vendor herein (2) R.S.T. Properties & Leasing Private Ltd
(3) K.T. Properties & Finance Private Ltd. therein (4) Sidu Developers &
Investment Private Ltd (5) Akshara Villa Private Limited (6) Jyotimoy Emporium
Private Limited and Colel Delcom Private Limited (jointly) and (8) Akshara Manor
Private Limited became absolute joint owners of said seven houses which called
said SEVEN VILLAS, due to better enjoyment and avoid future disputes and
differences they divided or partitioned the said villas by a Registered Partition
Deed on 14th day of December, 2004 which was registered in the office of A.R.A.
- I, at Kolkata and recorded in Book No. I, Volume no. I, Pages 1 to 41, Being
No. 1130, for the year 2005.
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AND WHEREAS present vendor herein namely Tulsian Siddharth Finance Private
Ltd referred to as a First party of the said partitioned Deed, got exclusive
possession of the Four-Storied building constructed on all that piece and parcel of
land comprising of an area of 1792 sq. ft. together with one villa no. 7 together
with undivided proportionate share of land measuring 590 sq. ft. comprised as
common paths, passages, ways, common facilities for common use and benefit in
common with other co-sharers of the other areas of land of the K.M.C. Premises
no.14A, Rowland Road, P.S. Ballygunge, Kolkata-700020, being hereinafter
referred to as VILLA -7 and said property described in Second Schedule of the
said partition deed and said company paid taxes to the appropriate authority and
said company is peaceful possession, occupation enjoyment over the said property
and said property free from all encumbrances.
AND WHEREAS the present vendor herein namely Tulsian Siddharth Finance
Private Limited, referred to as a First party of the said Partition Deed, along with
other parties of the said Deed of Partition, got their names mutated with the records
of the Kolkata Municipal Corporation and have obtained separate individual
assessee numbers distinctively. Be it mentioned that the present vendor herein have
been allotted Assessee No. 11-069-42-0254-8. At present the property has some
amount of property tax outstanding due to be paid to Kolkata Municipal
Corporation, copy of which has been annexed hereto along with the memo of
consideration.
AND WHEREAS now being in financial constraint the present Vendor, namely
Tulsian Siddharth Finance Private Ltd, took financial assistance from one
INDIABULLS HOUSING FINANCE LIMITED (PAN – AABCI3612A), a
financial organization, having its registered office at M-62 & 63, First Floor,
Connaught Place, New Delhi – 110001 and having one of its branch office at
“Constantia Building”, Ground Floor, 11, Dr. U. N. Brahmachari Street, P.O. &
P.S. Shakespeare Sarani, Kolkata 700017, vide a MORTGAGE DEED, duly
executed at the Office of the Additional Registrar of Assurances – I, Kolkata, being
registered in Book No. – I, Volume No. – 1901-2016, pages from 82798 to 82824,
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being no. 190102341 for the year 2016; through which the present vendor has
mortgaged the property mentioned in the Second Schedule hereunder written.
While enjoying the aforesaid property, the vendors are in now some requirement of
fund and have decided and declared to sell their property, being K.M.C. Premises
no.14A, Rowland Road, P.S. Ballygunge, Kolkata-700020, K.M.C. Ward No. 069,
being hereinafter referred to as VILLA -7, more fully described in the Schedule
hereunder mentioned, at an amount of Rs. 2,25,00,000/- (Rupees Two Crore
Twenty Five Lakhs Only).
Now the present Vendor herein declared to sell the aforesaid property being all that
piece and parcel of land comprising of an area of 1792 sq. ft. of land beneath
together with undivided proportionate share of land measuring 590 sq. ft.
comprised as common paths, passages, ways, common facilities for common use
and benefit in common with other co-sharers of the other areas of land of the
K.M.C. Premises no.14A, Rowland Road, P.S. Ballygunge, Kolkata-700020,
with four-storied building thereon with 5961.03 sq. ft. of covered area or 6460 sq.
ft. of Built-Up Area (comprising of Gr. Floor R.C.C. Structure Covered Area
1324.19 sq. ft.; First Floor R.C.C. Structure Covered Area 1324.19 sq. ft., Second
Floor R.C.C. Structure Covered Area 1486.74 sq. ft., Third Floor R.C.C. Structure
Covered Area 1486.74 sq. ft. and Roof R.C.C. Structure Covered Area 339.17 sq.
ft.) within the KMC Premises no. 14A, Rowland Road, P.S. Ballygunge,
Kolkata-700020, K.M.C. Ward No. 069, being hereinafter referred to as VILLA
-7, which is more fully particularly mentioned in the Second Schedule below at
proposed price of Rs. 2,25,00,000/- (Rupees Two Crore Twenty Five Lakhs Only)
and the Purchaser herein being acquainted of the same accepted the offer and
agreed to purchase the same with proposed price of the Vendor free from all
encumbrances.
The parties herein entered into an Agreement for Sale on dated 17th April, 2018
and the Purchaser has already paid an earnest money of Rs. 21,00,000/- (Rupees
Twenty One Lakhs only) vide Cheque No. 000034, dated. 17-04-2018; from
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AND WHEREAS the purchaser herein has paid an amount of Rs. 1,75,000/-
(Rupees One Lakh Seventy Thousand Only) being a portion the consideration
money to the vendor on 06-06-2018, vide a Demand Draft No. 053443, issued in
favour of the Vendor herein, from the purchasers bank, i.e. HDFC Bank Ltd. New
Alipore Branch, payable at Kolkata.
AND WHEREAS the purchaser herein has paid the balance of the consideration
money of Rs. 2,00,00,000/- (Rupees Two Crores Only) to the vendor on this date,
vide a Demand Draft No. ………….. issued in favour of the Vendor herein, from
the purchasers bank, i.e. HDFC Bank Ltd. Shakespeare Sarani Branch, dated
………………, drawn on ……………………… ………………. payable at
Kolkata.
money of Rs. 22,75,000/- (Rupees Twenty Two Lakhs Seventy Thousand Only)
by two different bank instruments, well and truly paid by the purchasers to the
vendors at the time of execution of these presents (the receipt whereof the vendors
doth hereby admit and acknowledge as per memo hereunder written and acquit,
release and forever discharge the purchaser as well the land and hereditament
hereby sold) the vendors doth hereby grant, transfer, convey, sell, assure and
assign unto the Purchasers ALL THAT the aforesaid property being all that piece
and parcel of land comprising of an area of 1792 sq. ft. of land beneath together
with undivided proportionate share of land measuring 590 sq. ft. comprised as
common paths, passages, ways, common facilities for common use and benefit in
common with other co-sharers of the other areas of land of the K.M.C. Premises
no.14A, Rowland Road, P.S. Ballygunge, Kolkata-700020, with four-storied
building thereon with 5961.03 sq. ft. of covered area or 6460 sq. ft. of Built-Up
Area (comprising of Gr. Floor R.C.C. Structure Covered Area 1324.19 sq. ft.;
First Floor R.C.C. Structure Covered Area 1324.19 sq. ft., Second Floor R.C.C.
Structure Covered Area 1486.74 sq. ft., Third Floor R.C.C. Structure Covered Area
1486.74 sq. ft. and Roof R.C.C. Structure Covered Area 339.17 sq. ft.) within the
KMC Premises no. 14A, Rowland Road, P.S. Ballygunge, Kolkata-700020,
K.M.C. Ward No. 069, being hereinafter referred to as VILLA -7; more fully and
particularly described hereto and shown by RED border lines in the Map or Plan
annexed herewith OR HOWSOEVER otherwise, the said property and
hereditaments now is or are or heretofore was or were situated butted bounded
called known numbered described or distinguished TOGETHER WITH all
paths passages ways sewer drains hedges water watercourses and all other former
and ancient rights lights liberties benefits privileges and advantage easements
appurtenances whatsoever to the said land with structure and hereditaments
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The Vendors have already handed over and delivered the following documents to
the within named Purchaser:
1) Original Title Deed of Conveyance, Being No. 15362 for the year 1991,
2) Registered Partition Deed, Being No. 1130, for the year 2005
3) Deed of Mortgage, Being No. 190102341 for the year 2016,
4) Deed of Reconveyance / Release, Being No. 190104228 for the year 2018,
5) Copy of the Sanctioned Plan from K.M.C.
6) Keys of the property.
2. And that notwithstanding any act, deed, matter or things done as aforesaid,
the good right, full power, absolute authority and indefeasible title to grant, sale,
convey, transfer, assign and assure the said property and all properties rights and
benefits hereby agreed to be granted, sold, conveyed, transferred, assigned and
assured or expressed or intended so to be unto and to the purchaser, in the manner
aforesaid, according to the true intend and meaning of this presents.
3. And That the said property, rights and benefits hereby agreed to be granted,
sold, conveyed transferred, assigned and assured or intended so to be and each of
them are now free from all encumbrances, demands, claims, charges, liens,
attachments, vesting, leases, lis pendense, uses, debutters or trust made or suffer by
the vendor or any person or persons having or lawfully claiming any estate or
interest in the said property from under or in trust for the vendor.
4. And That the Purchaser shall from time to time and at all times hereafter,
peacefully and quietly, enter into, hold, possess, use and enjoy the said property
with building and every part thereof and receive the rents, issues and profits
thereof and all other benefit rights and properties hereby agreed to be granted, sold,
conveyed, transferred, assigned and assured or expressed or intended so to be, unto
and to the Purchaser without any lawful hindrance, eviction, interruption,
disturbance, claim or demand whatsoever from or by the vendor or any person or
persons lawfully or equitably claiming any right or equitably claiming any right or
estate therein from under or in trust from the Vendor.
6. And that free and clear and freely and clearly and absolutely acquitted,
exonerated, released and forever discharged or otherwise by and at the cost of the
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said expenses of the vendor well and sufficiently entitled saved and indemnified of
from and against all charges, liens, debts, attachments and encumbrances
whatsoever suffered or created by the vendor or any of their predecessors in title or
any person lawfully or equitably claiming as aforesaid.
7. And That the vendor shall indemnify and keep the Purchaser absolutely
discharged, saved, harmless and keep indemnified against all encumbrances, liens,
vesting, attachments, lis pendens, uses, debutters, trusts, claim and demand of any
and every nature whatsoever by or against the vendor or any person lawfully of
equitably or rightfully claming as aforesaid in respect of the said property or any
part thereof.
8. AND ALSO THAT the vendor and all persons having or lawfully, rightfully
or equitably claming any estate or interest in the said property or any part thereof
from under or in trust for the vendor shall and will from time to time and at all
times hereafter, at the request and costs of the Purchaser, do and execute and cause
to be done and executed all such acts, deeds, matters, or things whatsoever for
further better or more perfectly assuring the said property and every part thereof
and other benefits and rights, hereby granted, sold conveyed, transferred, assigned
and assured unto and to the purchasers in the manner aforesaid, as shall or may be
reasonably required.
9. AND ALSO THAT the vendor have not at any time prior to this day, done
or executed or knowingly suffered or been party or privy to any act, deed, matter or
thing whereby the said property and other benefit and rights, hereby agreed to be
granted, sold, conveyed, transferred, or expressed or intended so to be or any part
thereof can or may be impeached, encumbered or affected in title.
belonging whereon or on part whereof the same is erected and built containing by
measurement an area of l (one) Bigha and 10 (ten) Cottahs be the same a little
more or less lying and situated at and being premises No.14A, Rowland Road,
P.S. Ballygunge, P.O. Elgin Road, Kolkata 700 020; Holding No.6A, Sub-
Division VI in Dihi Panchannagram Thana Ballygunge, Sub-Registration Office
Sealdah in the District of 24-Parganas and delineated in the Map or Plan hereto
annexed and thereon bordered RED and butted and bounded :-
for common use and benefits in common with other co-sharers of the other areas of
land of the KMC Premises no. 14A, Rowland Road, P.S. Ballygunge, P.O. Elgin
Road, Kolkata-700020, bearing individual Assessee No. 11-069-42-0254-8,
together with right to carry on construction thereon of Villa No.7 in accordance
with the said sanctioned plan case no. 2004080019 Sanction No. 2004080161,
Sanction Date : 10-12-2004 together with an undivided proportionate share in the
common paths, passages ways, common facilities for common use and benefit in
common with the owners of the other areas of land of the said premises.
a) The expenses for maintenance and operation of the white washing, painting,
repairing or replacing, decorating all common portions and common bath room
outer walls of the constructed areas, boundary walls, main entrance, gate, passage,
motor pumps, water tanks and all other spaces for common use,
c) Cost of running motor pumps and other Electrical Installations and their
replacement as may be necessary from time to time.
f) The Salaries wages and all other payments for employing necessary staffs,
security staff, jamadars, sweepers etc, for the entire common portions of the
premises.
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g) All rates (including water rates) taxes charges assessments impositions and
other out goings payable in respect of all common areas of the constructed areas or
the entire premises.
AT KOLKATA in presence of : –
WITNESSES :
1.
2.
____________________________________
SIGNATURE OF THE VENDOR
____________________________________
SIGNATURE OF THE PURCHASER
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MEMO OF CONSIDERATION :
RECEIVED of and from within named purchaser, MR. DILIP KUMAR CHANGLANI, the
within mentioned sum of Rs. 22,75,000/- (Rupees Twenty Two Lakhs Seventy Thousand
Only) being the ADVANCE MONEY against full consideration money of Rs. 2,25,00,000/-
(Rupees Two Crores and Twenty Five Lakhs only) as per Memo below:-
MEMO
WITNESS :
1.
2.
_________________________________
SIGNATURE OF THE VENDOR