AGREEMENT FOR SALE (BAINA NAMA) Police Station: Gulshan, Dhaka Consideration of Tk. 3,00,000,00/= (Taka Three Crore) only

Transcription

1 AGREEMENT FOR SALE (BAINA NAMA) Police Station: Gulshan, Dhaka Consideration of Tk. 3,00,000,00/= (Taka Three Crore) only This AGREEMENT FOR SALE (BAINA NAMA) (the Agreement ) is made at Dhaka on this the.. day of BETWEEN Mrs. Arju Sultana, daughter of late Prof. Shah Fazlur Rahman and Mrs. Rezia Sultana, the owner of the schedule property represented by her Attorney Mr. Mohammad Sayf Ullah, Date of Birth: , son of late Mr. Md. Amnullah and Mrs. Jebunnesa Begum, Present address Apt. A2 Silverstone Sapphire, House 09, Block B, Road 23, Banani, Dhaka-1213, Bangladesh, Permanent address House no. 42/A, Property Prime, Segun Bagicha, Post Office -1000, Police Station - Shahbag, District - Dhaka, Bangladesh, by faith Muslim, by nationality Bangladeshi, by profession Business, National ID no , hereinafter referred to as the SELLER (which expression shall unless excluded by or repugnant to the context mean and include his legal heirs, legal representatives, executors, administrators and assigns) of the ONE PART. AND Mr. Shah Monjurul Hoque, son of late Md. Abul Kashem and late Zubaida Akter, Present Address: ADD Spark Link, House No. 42/1, Road No. 3/A, Flat No. 4R, Dhanmondi R/A, Dhaka, Bangladesh, Permanent Address: Village- Bara Dangri, Post Office- Nashati Bazar, Police Station- Ishwargonj, District- Mymensingh, Date of Birth: 1 st February, 1970, by faith: Islam, Citizenship: Bangladeshi having National ID No , hereinafter referred to as the PURCHASER (which expression shall unless excluded by or repugnant to the context mean and include its heirs, executors, administrators, legal representatives and assigns) of the OTHER PART. Page # 1 of 9

2 WHEREAS: A). The Seller is the lawful owner and possessor of the subjected land of this Agreement as described under Schedule of Properties by way of succession; description of which is given below- (i) That a piece and parcel of land measuring 10 (ten) katha 12 (twelve) chattak situated in Gulshan Residential Model Town of the former Dhaka Improvement Trust (DIT), currently RAJUK, District Dhaka, Mouza Bhola Shamair, Police Station- Tejgaon now Gulshan Plot # 10, Block # CWS (B), Road # 33 of the layout plan of Gulshan Residential Model Town prepared by the former Dhaka Improvement Trust (DIT), now RAJUK was allotted to Mr. Shan Fazlur Rahman, Son of Late Shan Bazlur Rahman of Village-Char Raipur, Police Station-Sirajgang, District-Pabna, vide Deed of Lease No dated and mutated his name as 1 st allottee of this plot. (ii) That said Shah Fazlur Rahman died leaving behind his 11 (eleven) successors, (1) wife namely Mrs. Rezia Sultana, his sons namely (2) Mr. Shah Motiur Rahman, (3) Dr. Kaiser Faruque, (4) Faisal Hassan, and his daughters namely (5) Mrs. Ferdous Sultana, (6) Mrs. Arju Sultana, (7) Ms. Zulekha Sultana, (8) Mrs. Zinia Sultana, (9) Mrs. Papia Sultana, (10) Mrs. Dalia Sultana, and (11) Mrs. Momtaz Nasreen. They obtained Succession Certificate No. 601/89 for the Learned Sub-Judge Court, Dhaka on ) and mutated their names in RAJUK (No. RAJUK/ESTATE/940 dated ) By this way they became the owners and possessors of the scheduled land. Their names have also been recorded in Dhaka City Jarip Khatian No. 840, Dag No. 6414, JL No. 17, Mouza Gulshan Residential Area, Police Station Gulshan, Dhaka. (iii) That subsequently, said 11 (eleven) owners entered into a Deed of Agreement with Navana Real Estate Limited, represented by its Director namely Mr. Sajedul Islam on for developing the aforesaid land by constructing 11 (eleven) storied pacca building, out of which said 11 (eleven) owners got 11 (eleven) apartments along with 11 (eleven) car parking space (55% of total spaces) with un-demarcated and undivided proportionate share of 55% land in exchange 10 (ten) katha 12 (twelve) chattak land. (iv) That after construction and development of land, said Navana Real Estate Limited transferred the respective apartments along with un-demarcated and undivided land other spaces and facilities to the said 11 (eleven) owners. Thereafter, they executed a Registered Deed of Partition on at Sub-Registry Office: Gulshan, Dhaka Page # 2 of 9

3 on the basis of their mutual settlement they got their respective apartments / proportionate land. According to the said Deed of Partition dated the present seller Ms. Arju Sultana got the schedule property undivided and undemarcated land measuring katha out of total 10 (ten) katha 12 (twelve) chattak along with an apartment being No. A-3 measuring sft on the 3 rd Floor with One Car Parking space as mentioned in the schedule. Since then the seller Ms. Arju Sultana is enjoying her absolute ownership, control and possession in the schedule property. (v) That meanwhile in June 2015 while being in State of Arizona, USA the seller Ms. Arju Sultana appointed Mr. Mohammad Sayf Ullah as her lawful Attorney through execution of a Deed of General Power of Attorney No. 809 of 2015 dated , which was duly signed, counter-signed and validated by the Consular Offices of both the countries Bangladesh and USA. This Deed of General Power of Attorney was also approved by the Rajhdhani Unnayan Kartipakkha (RAJUK) vide vik bs-ivrdk/g U- 1/ j/wmwweødgm(we)-33-10/4712 dated issued under the signature of the Assistant Director (Estate & Land-1), RAJUK, Dhaka. Under the said Power of Attorney Mr. Mohammad Sayf Ullah was given several powers including sale under the Clause No. 4. (vi) That in exercise of the powers given by the Principal Ms. Arju Sultana the aforesaid Attorney Mr. Mohammad Sayf Ullah executed the said Deed of Partition dated , got said approval from the RAJUK vide vik bs-ivrdk/g U- 1/ j/wmwweødgm(we)-33-10/4712 dated and their names have been mutated by the RAJUK under Mutation Case No. (vii) That now under the aforesaid circumstances, the seller Ms. Arju Sultana wants to sell the schedule property through her Attorney Mr. Mohammad Sayf Ullah. And whereas, all the aforesaid properties are landed properties and these are not under acquisition or any other encumbrances. All these schedule property are absolutely landed properties outside lake and road/walk-way. And whereas, the piece or parcel of one Apartment of Type A-3 on 3 rd Floor of the 12 storied residential building, named Navana Shah Aspen, measuring more or less 2100 sq. ft., with one car parking measuring approx 238 sq.ft., Total 2338 sq.ft., along with proportionate undivided un-demarcated share of land out of total land admeasuring 10 katha 12 chattak more Page # 3 of 9

4 or less situated in the Gulshan Model Town of the RAJUK is the subject-matter of this Agreement, which is referred to as the Schedule Property. Total value of the schedule property is fixed for this Agreement as Tk. 3,00,000,00/= (taka three crore) only. And whereas, the Seller wants to sell the Schedule property, and the Purchaser wants to buy the same; and both the parties mutually agreed to this effect. Therefore, the Seller has agreed to execute this Agreement for Sale for transferring the Schedule property in favor of the Purchaser. NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The SELLER has agreed to transfer the Schedule property to the PURCHASER for a total consideration of BDT Tk. 3,00,000,00/= (taka three crore) only and the PURCHASER has accepted such transfer from the SELLER for the aforesaid agreed price. 2. Total price for the schedule property has been fixed at Tk. 3,00,000,00/= (taka three crore); out of which Tk. 2,00,000,00/= (taka two crore) will be paid by the PURCHASER as an advance pay (Tk. 1,50,000,00/= (taka one crore and fifty lacs) in cash and Tk. 50,000,00/= (taka fifty lacs) through Account Payee Cheque / Pay Order being No....dated on the day of execution of this Agreement. The SELLER will receive the said amount from the PURCHASER through mutual acknowledgement. 3. The SELLER shall complete all necessary formalities / procedures for giving effect the smooth, peaceful and complete transfer of Schedule property to the PURCHASER or its nominee(s) or suggested party within 3 (three) months of this Agreement and upon completion of such transfer the PURCHASER shall make payment of rest of the consideration price amounting Tk. 1,00,000,00/= (taka one crore) to the SELLER. 4. A separate Agreement for Sale will be executed by the SELLER and the PURCHASER showing the price as determined by the RAJUK for registration purpose. 5. SELLER shall hand over peaceful, unencumbered physical possession of the Schedule Property to the PURCHASER immediately after execution of this Agreement. 6. SELLER shall clear and pay all rates, taxes and revenues in connection with the Schedule Property up to the date completion of transfer of Schedule property to the Page # 4 of 9

5 PURCHASER or its nominee(s) or suggested and shall submit all receipts and counterfoils as evidence of such payments as and when requested by the PURCHASER. 7. SELLER warrants and covenants that the title of Schedule property is perfect and free from any defect and if ever it transpires that the title of the property is defective, the SELLER undertakes to perfect the title forthwith at its own cost and responsibility and the SELLER shall fully indemnify the PURCHASER from any loss, damages, cost or expenses incurred by the PURCHASER in connection therewith. 8. SELLER warrants and covenants that the Schedule property is free from mortgage, encumbrance, lien or charges and if it ever transpires that the property is encumbered in any other manner, the SELLER shall arrange to release the same from such encumbrance at its own cost and responsibility. 9. The SELLER warrants and covenants that the Schedule property is free from all litigation and there is no litigation that may affect the SELLER S title in the Schedule property or pursuant to which any court, authority or administration may attach or take possession of the Schedule property and there is no claimant on the Schedule Property. 10. The SELLER warrants and covenants that it has not entered into any agreement other than the PURCHASER in connection with sale or transfer of the Schedule property. 11. The PURCHASER shall bear all costs including process fee and expenses for transfer of Schedule property from the SELLER to the PURCHASER. 12. That time wherever mentioned in this Agreement shall not be essence of this Agreement. 13. That any failure by the PURCHASER at any time or from time to time to enforce or require the strict observance and performance of any of the terms or conditions of this Agreement or to exercise any of its rights contained in this Agreement shall not constitute a waiver of such terms or conditions or rights and shall not affect or impair such terms or conditions or rights in any way. 14. That except as otherwise provided in this Agreement, all notices required or permitted to be given hereunder shall be in writing and in the English language and shall be sent in writing to the address mentioned in this Agreement for Sale. The parties may from time to time by notice hereunder change their address for notice. Any notice, demand or other Page # 5 of 9

6 communications so addressed to the relevant party shall be deemed to be delivered if given or made by letter through registered post, 7 (seven) days after dispatch and if given by facsimile, when transmitted error free. 15. That this Agreement and all of the provisions hereof will be binding upon the parties hereto and their respective heirs, successors-in-interest and permitted assigns. 16. That in the event that any provision of this Agreement shall be deemed or declared to be unenforceable, invalid or void, the same shall not impair any other provision of this Agreement but the parties hereto shall negotiate a substitute provision or amend the other provisions of this Agreement so as to produce a result which preserves as nearly as possible the economic balance of the Agreement, as the case may be, provided that neither party shall be obligated to accept an amendment which substantially departs from the essential intent or effect of this Agreement. 17. That this Agreement supersedes all previous negotiation and written memoranda and any representations or understandings written or otherwise between the parties hereto and this Agreement shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof. 18. That the terms and stipulations contained in this Agreement shall not be amended and/or altered without the mutual agreement in writing of the parties hereto and shall be binding and enforceable against both the SELLER and the PURCHASER and their respective heirs, administrators, successors-in-interest, nominee(s) and legal representatives. 19. Any dispute or difference between the SELLER and the PURCHASER or its nominee(s) or suggested party in connection with this Agreement shall be mutually settled. If the parties fail to settle the same within a period of 30 days of notice of such dispute or difference issued by one party to the other such dispute or difference shall be settled through a panel of arbitrator. Each party shall appoint its arbitrator and the arbitrators shall appoint a chairman of the arbitral tribunal. Arbitration shall be held in accordance with the provisions of Arbitration Act 2001 or such other law relating to arbitration prevalent at the relevant time. Venue of arbitration shall be at Dhaka and language of arbitration shall be English. Costs of arbitration shall be shared amongst the parties mutually. 20. This agreement shall be subject to the laws of Bangladesh. Page # 6 of 9

7 SCHEDULE OF PROPERTY ALL THAT piece or parcel of one Apartment of Type A-3 on 3 rd Floor of the 12 storied residential building, named Navana Shah Aspen, measuring more or less 2100 sq. ft., with one car parking measuring approx 238 sq.ft., Total 2338 sq.ft., along with proportionate undivided un-demarcated share of land out of total land admeasuring 10 katha 12 chattak more or less situated in the Gulshan Model Town of the Dhaka Improvement Trust (DIT), now RAJUK in the Sub-Registrar Office - Gulshan, Mouza - Bhola Shamair at present Gulshan R/A, Police Station Gulshan, being House No# 10, Block# CWS (B), Road # 33, Gulshan Model Town, Dhaka, which is butted and bounded by: Butted and bounded by: East: Road No. 24, West: Plot No. 9 & Road 33, North: Plot No. 05 & Road No. 34, South: Road No. 33. IN WITNESS WHEREOF, THE PARTIES HERETO SIGN THIS AGREEMENT FOR SALE ON THE DAY, MONTH AND YEAR MENTIONED ABOVE. Signature of the Purchaser : Signature of the SELLER (Shah Monjurul Hoque) (Attorney Mr. Mohammad Sayf Ullah) On behalf of Principal Mrs. Arju Sultana In witness of : Drafted by Syeda Nasrin Advocate Supreme Court of Bangladesh Page # 7 of 9

8 BEFORE THE SUB-REGISTRAR GULSHAN, DHAKA. AFFIDAVIT I, Mr. Mohammad Sayf Ullah, son of late Mr. Md. Aamnullah and Mrs. Jebunnesa Begum, Present address Apt. A2 Silverstone Sapphire, House 09, Block B, Road 23, Banani, Dhaka-1213, Bangladesh, Permanent address House no. 42/A, Property Prime, Segun Bagicha, Post Office -1000, Police Station - Shahbag, District - Dhaka, Bangladesh, by faith Muslim, Date of Birth: ,by nationality Bangladeshi, by profession Business, National ID no , being the lawful Attorney of Principal Mrs. Arju Sultana, daughter of late Prof. Shah Fazlur Rahman and Mrs. Rezia Sultana, the owner of the schedule property, do hereby solemnly affirm, acknowledge and declare the following: 1. That I am a national and permanent resident of Bangladesh. 2. That this immovable property mentioned in this Deed is not under attachment under the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President s Order No.1972). 3. That this immovable property as mentioned in this Deed is not an abandoned property within the meaning of the Bangladesh Abandoned Property (Control, Management and Disposal) Order 1972 (President s Order No.1972). Page # 8 of 9

9 4. That the immovable property transferred has not been vested in or does not stand forfeited to the Government under any law for the time being in force in Bangladesh. 5. That the proposed alienation as contains will not contravene any provisions of any other law for the time being in force. 6. That the proposed alienation as contained in the Deed is not liable to be invalid under Article 5A of Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No.98 of 1972). 7. That the immovable property mentioned in this Deed has been correctly described and has not been under-valued and the Seller has the transferable right in such property. That the statements made herein above are true to the best of my knowledge and belief and in truth whereof I swear this affidavit on this the dated. Identifier Deponent Page # 9 of 9