DEED OF AGREEMENT
This DEED OF AGREEMENT FOR SALE (BAINA) (the
Agreement) is made on the 8t"
Day of September 2015 of the Christian era.
BETWEEN
Mr. S. M.
Abu Saleh, S/o. Syed Abdur Rouf & Mosammat Sayeda Khaton, Address: Golden Vision, 14, R K Mission Road,
Wari, Dhaka, hereinafter referred to as the Seller (which
expression, unless repugnant to the subject or context, shall include her heirs, successors, executors, administrators, legal representatives
and assigns) of the FIRST PARTY
AND
......................................................................................................................................................................................................................................................................................................................................................................................................................................................
SECOND PARTY
(The seller and the purchaser are hereinafter collectively referred
to as the 'Parties' and individually the 'Party')
AND WHEREAS the seller being in peaceful possession of
schedule land entered in to a joint venture land development project with MARZ Engineers
& Builders Limited (the
Developer) by virtue of an registered project agreement dated 19.07.2009 (the
project agreement) for constructing one 8 (eight) storied
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residential apartment building namely "Golden
Vision" on the schedule land (the Project Building). By virtue of this
Project Agreement, the seller will obtain 50% of total apartments and car parking spaces in the project building
including an east facing apartment bearing No. 6Aof
the project building.
AND WHEREAS the seller also appointed the Developer as his attorney in
respect of the
schedule land through an Irrevocable General Power of Attorney No. 3442 dated
19.07.2009 duly registered with the Sutrapur sub-registry office, Dhaka.
AND
WHEREAS the developer
after being appointed as attorney obtained necessary construction permission
for construction of 8 (eight) storied residential building on the schedule land
from RAJUK vide its construction permission letter bearing Ref. No. ivRDK/bAA4/Zwm-519/2009/766,
ZvwiL: 25/11/2009Bs|
AND
WHEREAS the seller
being in need of cash expressed her willingness and offered to sell and the
purchaser has agreed to purchase the east facing agreement bearing No. 6A
413 situated in the 6th
4th floor including common spaces and common area along with
2(Two) car parking space on the ground floor of the project building with undivided
and un-demarcated proportionate share of land measuring an area of 1.00 katha of land out of the schedule land
more fully descried in the schedule below
(hereinafter collectively referred to as the Demised Apartment) at a
total consideration price of Tk. ..................................
NOW THEREFOR BOTH THE PARTIES MUTUALLY AGREE TO BIND THEMSELVES TO THE
FOLLOWING TERMS AND CONDITIONS :
1.
That the net consolidated price of the schedule property
is fixed at Tk. ..................................... only (the total sale price) which is payable to the seller by the purchaser. The second
party shall borne all taxes, duties, fees, levies. costs and expenditure in
relation to registration of the
deed of sale (Sale Deed).
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2.
That the purchaser shall pay to the
seller Tk. ....................... only out of the total sale price and the remaining balance
of the total price Tk. .................... only shall paid within 3 (three) months from
the date of signing
of this agreement.
3.
That the seller shall deliver the physical possession of
the demised apartment to the purchaser upon receiving the aforesaid remaining
balance Tk. .............................................. only. Upon receipt of the aforesaid amount the
seller shall also handover the photocopies of all relevant documents in support of the title and possession of the
demised-- apartment to the purchaser. The certify copy of documents in respect of
the demised apartment shall be handed over by the seller to the purchaser at the
time of registration of
the sale deed.
4.
That the purchase shall be completed within afro
mentioned one & half months. If the seller cannot execute and registered the sale
deed/instrument of transfer in favour of the purchaser stipulated period,
the purchaser shall be constrained to get the deed of sale executed through
court of law. If the sale process is delayed after expiration of stipulated
period due to the negligence of second party in that case the first party shall
have the right to cancel this sale agreement without any notice to the second party.
5.
If the seller is incapable, in anyway
whatsoever, after signing this agreement to perform his/her duties to complete the sale formalities, his/her
legal heirs will be bound to complete the same after receiving the
consideration from the purchaser.
6.
That the agreement and all its execution shall
be governed by the laws of Bangladesh.
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SCHEDULE
"A"
All the piece and parcel of land measuring 7.00 katha at 14, R.K.
Mission Road, Dhaka, P.S. Sutrapur, in the sub-registration
Dhaka Sadar settlement survey ward No. 3, chit
No. 4, SA Khatian No. 977, Jote No. 1023, past Dag No. 21, JL No. 01, past SA khatian No. 1640, SA Dag No. 2603, RS
Khatian No. 2540, 320, RS Dag No. 4056, City Khatian No. 1140, City
Mution No. 9755, Jote No. 165/44, City Dag No.
1251 & 1252, Mouza-Wari, Dhaka, thereon, butted and bounded:
On the North : Mon Mohan
Gupta,
On the South : House of Adhi Nath Mistry,
On the East : Ram Krishna Mission Road,
On the West : House of Dakhin Ranjan Ghose & Berin Basu.
IN WITNESS
WHEREOF the parties hereto sign and execute this agreement this agreement
on the day, month and year aforementioned.
WITNESS:
1.
(S.M.
Abu Saleh)
Seller
2.
3.
(.........................................)
Purchaser
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