AGREEMENT FOR TRANSFER OF POSSESSION
THIS DEED OF TRANSFER OF POSSESSION IS MADE ON THIS
THE _______ DAY OF _____ MONTH ______YEAR .
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BETWEEN
"UT ENTERPRISE" a Proprietorship Firm [DESCRIPTION OF TRADE: -
Developer And Contractor, Developer And Promoter, Developer
Construction Contractor And General Order Supplier, Developer Of Land
And Building] bearing its trade registration number- 1946 dated:-
02/11/2022, under Upper Bagdogra Gram Panchayat in NAXALBARI
block, in the District of Darjeeling and the said trade License being
registered through the application Docket No. NOCRLCR42731018N for
the period of 2022 to 2025. The Firm is situated at Upper Bagdogra,
P.O & P.S- Phansidewa, Dist-Darjeeling, Pin-734421 in the state of
West Bengal and the company is represented through its PROPRIETOR
Sri Uttam Tamang (PAN-AVDPT2114Q) son of Late Amar Tamang,
business by occupation, Indian by Nationality, resident of Ho-Chi-Min
Nagar, Bagdogra, PO & PS-Uttar Bagdogra, District-Darjeeling Pin-
734014 in the state of West Bengal. Hereinafter referred to as
“TRANSFEREES/FIRST PARTIES” on the ONE PART
AND
SHRI AJAY LIMBU SON OF SHRI LABAN SING LIMBU Resident Of
Bhabanguri Chhat, P.O: Bagdogra, P.S: Bagdogra, Pin No: 734014, Dist-
Darjeeling, in the state of West Bengal, Country: India, hereinafter Called
the “TRANSFEROR/SECOND PARTY” (which expression shall mean
and include unless excluded by or repugnant to the context her heirs,
executors, successors, legal representatives, administrators, and assigns)
of the OTHER PART.
NAME OF LAND OWNER –
1. SHRI GOVINDA BUKRU MUNDA SON OF SHRI SOMAMUNDA
Resident Of Pahargoomiah Factory Line, P.O-Bagdogra, P.S-
Bagdogra, Dist-Darjeeling, Pin No-734014.
2. SHRI LOKAS ORAON SON OF SHRI NAYNASUK ORAON Resident
Of Pahar Goomiah Factory Line, P.O- Bagdogra, P.S-Bagdogra,
Dist- Darjeeling, Pin-734014.
NAME OF POSITION HOLDER: SHRI AJAY LIMBU SON OF SHRI
LABAN SING LIMBU RESIDENT OF BHABANGURI CHHAT, P.O:
BAGDOGRA, P.S: BAGDOGRA, PIN NO: 734014, DIST- DARJEELING.
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AND
WHEREAS a. SHRI GOVINDA BUKRU MUNDA SON OF SHRI
SOMAMUNDA Resident Of Pahargoomiah Factory Line, P.O-Bagdogra,
P.S-Bagdogra, Dist-Darjeeling, Pin No-734014.
b. SHRI LOKAS ORAON SON OF SHRI NAYNASUK ORAON Resident Of
Pahar Goomiah Factory Line, P.O- Bagdogra, P.S-Bagdogra, Dist-
Darjeeling, Pin-734014 are the owner of the Land measuring 24.57
kathas or 40.54 Decimals recorded in Khatian No. 28 (L.R), included
in L.R Plot Nos. 173- (8.98 Decimals) corresponding to R.S. 407
nature of land- Rupni, Khatian No. 1 (L.R), included in L.R Plot Nos.
110- (13.85 Decimals) corresponding to R.S. 335 nature of land-
Rupni, Khatian No. 1 (L.R), included in L.R Plot Nos. 110- (10.56
Decimals) corresponding to R.S. 316 nature of land- Rupni & Khatian
No. 109 (L.R), included in L.R Plot Nos. 106- (7.13 Decimals)
corresponding to R.S. 340 nature of land- Danga, situated within
Mouza : Pathar Hirhira, J.L. No. 25, P.S. Phansidewa, situated within
Ghoshpukur Gram Panchayat, within the jurisdiction of A.D.S.R. Office
Siliguri-III at Ghoshpukur, Dist-Darjeeling.
A N D
WHEREAS being the owners of the land and holding measuring Land
measuring 24.57 kathas or 40.54 Decimals transferred the physical
possession of the said land measuring Land measuring 24.57 kathas or
40.54 Decimals, unto and in favor of the Transferor of this Indenture
and being the possessor of the land the Transferor is in possession and
enjoying the said land free from all sorts of encumbrances having
permanent heritable and transferable right, title and interest therein.
A N D
Whereas the Transferor/Second Party became the possessor the Land
measuring 24.57 kathas or 40.54 Decimals as fully described in the
Schedule below, hereinafter called the below Scheduled LAND for the
sake of brevity.
A N D
WHEREAS the Transferor being the possessor of the land 24.57 kathas
or 40.54 Decimals being in need of money finally decided to transfer the
physical possession of the Land measuring 24.57 kathas or 40.54
Decimals as fully described in the Schedule appended below, hereinafter
referred to as the below Scheduled property and also shown in the Map
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or plan annexed hereto under the caption : “DESCRIPTION OF
TRANSFERRED PROPERTY” for the sake of brevity at or for the
consideration of Rs. 3,00,000/- per bigha (Rupees Three lakhs per Bigha)
only.
A N D
WHEREAS the Transferees having agreed to take physical possession of
the below Scheduled Property offered a consideration of Rs. 3,00,000/-
per bigha (Rupees Three lakhs per Bigha) only to the Transferor and the
Transferor also considering the price so offered by the Transferees agreed
to quit and vacate the physical possession of the below Scheduled
Property in favour of the Transferees.
THE TRANSFEROR/SECOND PARTY AND THE
TRANSFEREES/FIRST PARTY HAVE NOW ENTERED INTO THE
AGREEMENT AS ENUMERATED HEREUNDER.
1. That the right of the TRANSFEREES/FIRST PARTY shall be absolute
own the below Scheduled Land and the Transferor/Second Party shall
not claim or to be entitled to claim any right on the below Scheduled
Land and structure.
2. That the TRANSFEREES/FIRST PARTY shall have right to record
their names in the office of the State Electricity Distribution Company
Limited, and mutate their names and obtain separate Holding Number
from the (Block/Village/Corporation).
3. That the TRANSFEREES/FIRST PARTY shall also be entitled to sell,
Mortgage, lease or otherwise alienate the said below Scheduled Land and
structures to any person without the consent of the Transferor/Second
Party.
4. That the Transferor/Second party and the Transferees/ First Party
for the interest of each other respectively shall be liable to assign all
documents and instruments and to do all acts deeds and things as may
be require for safe guard their respective interests or common interest or
for the purpose of complying with any law for the time being in force.
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5. That the Transferor/Second Party shall co-operate with the
Transferees/First Party to record or to obtain electric connection, and
Holding mutation in respect of the below Scheduled Land and structures
and the Transferor/Second party shall also issue No Objection
Certificate in favor of the Transferees/First party and shall supply or
handover the necessary Documents or Certificate in respect of the below
Scheduled Land to the Transferees/First party as and when required for
the aforesaid purpose.
6. That the Registration of the Deed of Conveyance in respect of the
below Scheduled Land and as such this Document has not been
Registered but the Transferor/Second Party covenanted that as and
when or in future the Registration of Document shall be open then the
Transferor/Second party execute and Register the Document in favour of
the Transferees/First party without any further consideration money.
7. That any inconsistency after the signing of this document is found
in relation to peaceful enjoyment of the below scheduled property by the
First Party because of any obstruction by the recorded owner or any
other third party in that case it will be the duty of the Second party the
Transferor to demise those obstruction which is being caused and it will
be the obligation of the transferor to maintain the peaceful enjoyment of
the property by the Transferee.
NOW THIS INDENTURE OF TRANSFER OF POSSESSION
WITNESSETH
That in pursuance of the aforesaid offer, acceptance and in
consideration of the sum of Rs. 3,00,000/- (Rupees Three Lakhs) only
paid by the Transferees/First Parties to Transferor/Second party
through Cheques/Cash drawn on ______________________(Bank Name)
for Rs. _________ (Rupees in word ) Being Cheque Number __________ dt.
________ and the receipt whereof the TRANSFEROR/SECOND PARTY do
hereby acknowledge and having received the TRANSFEROR/SECOND
PARTY also grant full discharge to the TRANSFEREES/FIRST
PARTY from the payment thereof, the TRANSFEROR/SECOND PARTY
DOTH hereby convey, assign, and transfer her said below Scheduled
Land with all his right, interest, liberties, easements, fences, connections
etc. whatsoever in any way belonging thereto or reputed to belong
therewith and make over ________(Type of land) and physical possession
thereof to the TRANSFEREES/FIRST PARTY absolutely and forever TO
HAVE AND TO HOLD the same as an absolute estate by the
TRANSFEREES/FIRST PARTY as exclusive possessor/owner thereof
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peaceably and quietly, with permanent, heritable and transferable right
and without any claim, objection, interruption or interference from the
TRANSFEROR/SECOND PARTY or any person or persons claiming under
her.
The TRANSFEROR/SECOND PARTY declares that there exists no
previous transfer, mortgage, contract for transfer or otherwise by the
TRANSFEROR/SECOND PARTY in favor of any other person/persons or
party respecting the said below Scheduled Land and
structures hereby transferred, expressed or intended so to be suffers
from no defect of interest and that the recitals made herein above are
true and in the event of any contrary is proved, then the Transferor/
Second party shall be liable for false recitals and shall also be liable to
make good the loss or injury which the TRANSFEREES/FIRST
PARTY may suffer or sustain in consequence thereof.
The TRANSFEROR/SECOND PARTY further covenant with
the TRANSFEREES/FIRST PARTY that if for any defect, for any act done
or suffered to be done by the TRANSFEROR/SECOND PARTY,
the TRANSFEREES/FIRST PARTY be deprived of possession of the said
below Scheduled Land and structures or any part thereof in future, then
the TRANSFEROR/SECOND PARTY shall return to the
TRANSFEREES /FIRST PARTY the entire consideration money
together with statutory interest per annum from the date of these
presents and the TRANSFEROR/SECOND PARTY shall also be liable to
pay adequate compensation to the TRANSFEREES/FIRST PARTY for
any other loss or injury which the TRANSFEREES/FIRST PARTIES
may suffer or sustain resulting there from.
SCHEDULE OF THE LAND
ALL THAT piece or parcel of vacant land measuring 24.57 kathas or
40.54 Decimals recorded in Khatian No. 28 (L.R), included in L.R Plot
Nos. 173- (8.98 Decimals) corresponding to R.S. 407 nature of land-
Rupni, Khatian No. 1 (L.R), included in L.R Plot Nos. 110- (13.85
Decimals) corresponding to R.S. 335 nature of land- Rupni, Khatian
No. 1 (L.R), included in L.R Plot Nos. 110- (10.56 Decimals)
corresponding to R.S. 316 nature of land- Rupni & Khatian No. 109
(L.R), included in L.R Plot Nos. 106- (7.13 Decimals) corresponding
to R.S. 340 nature of land- Danga, situated within Mouza : Pathar
Hirhira, J.L. No. 25, P.S. Phansidewa, situated within Ghoshpukur Gram
Panchayat, within the jurisdiction of A.D.S.R. Office Siliguri-III at
Ghoshpukur, Dist-Darjeeling.., and the land is bounded and butted as
follows:
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NORTH-
SOUTH-
EAST-
WEST-
IN WITNESS WHEREOF the Parties hereof do hereby set and
subscribe his hands in good health and conscious mind, on the day
month and year as first above written.
WITNESSES/IDENTIFIER:
1.
2.
( UT ENTERPRISE" a
Proprietorship Firm the FIRM is
represented through its
PROPRIETOR Sri Uttam
Tamang)
_____________________________
SECOND PARTY (TRANSFEROR)
_____________________________
LAND OWNER
_____________________________
LAND OWNER
Drafted as per the instructions of the parties and read over and
explained by me to the parties and printed in my office
__________________________
SHIVAM SHIDDHARTH ADVOCATE, Siliguri
Enroll: F/2450/2357/2018.
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