DEED OF AGREEMENT
This deed
of agreement is made on this day ………. August 2014 of the Christian era.
BETWEEN
Name………………………., Father’s Name: ……………………../, Date of
birth: 01/12/1982, Present Address: ……………………………, Permanent Address:
………………………………. By faith Muslim, Profession- ……………, By Nationality- Bangladeshi,
bearing Passport No/ID…………., Country of Issuing: ……………….., Hereinafter referred
to the “Seller”.
………….. Seller /First Party
AND
Name…………………….,
S/O- …………………………, Date of birth: 01/02/1960, Present Address: ………………. ,
Permanent Address: ……………………, Faith in
Islam, Nationality: ……………, Profession: …………, National ID: ……………………………. Hereinafter referred
to “Purchasers”
…….. Purchasers /Second Party
And Whereas the land was allotted to Md. ABC …….., S/O: XYZ………
By the (Former Dhaka Improvement Trust) RAJUK Vide Deed of lease No. XXXX,
Dated: 17/09/1998 registered in the office of the sub register,
Gulshan, Dhaka.
And Whereas the land owner executed and registered an
irrevocable power of attorney In favor of the developer “AAA…. Developments
Ltd.” Represented by its Managing Director, Md. …………….
Vide Deed No. XXX, Dated: 05/11/2008 registered in the office of
the sub register, Uttara, Dhaka.
And Whereas the
authority of RAJUK approved and accepted
the irrevocable power of attorney In favor of the developer “ AAA…
Developments Ltd.” Vide SL No.
XXXXX., Dated: 22/02/2009.
And Whereas The building layout plans showing the said 7
(Seven) storied building was duly sanctioned by the RAJUK vide their clearance
reference XXXXXXX, Dated: 27/05/09.
And Whereas The Flat No. 5-A, South-East side, on the 5th
floor, House # .., Road # .., Sector # .., Uttara, Dhaka -1230, has been
registered by Md. A. Hossain, Managing Director, AAA… Developments Ltd with the
power of attorney for Md. ABC…, S/O. XYZ… Vide DEED No. XXXX, Dated:
16/05/2011 registered in the office of the sub register, Uttara, Dhaka.
Now this deed witnesses and the parties hereto mutually agree
and declare as follows:
1.
The first party/seller proposes to sell the
apartment described in SCHEDULE-“B” at land mentioned in SCHEDULE-“A”
and purchasers agree to buy.
2.
That the price of the proportionate share of
undemarcated and undivided land of Schedule-A along with the price of apartment as
described in Schedule –B is fixed and settled at TK. 65,00,000/-(Sixty
five lac) only. The Price includes Apartment No. 5-A, 5th
Floor, South-East side, Apt. size-1170sft (more or less) and 1(one)
fixed car parking space, and utilities.
3.
The total agreed price of apartment TK.
65,00,000/-(Sixty five lac)only which including one (1) car parking and utilities
will be paid by Purchasers to seller in the following manner:
Payment schedule & registration:
a.
Purchasers/Second party have paid to First
party/seller as 1st payment of Tk. 5,00,000/-(Five lac) only
on the date……………by A/c Pay Order ……………….
Dated…………, Bank Name: ……………………… which will be cleared after two days of application
for sale permission at RAJUK.
b.
The balance of TK. 60,00,000/-(Sixty lac)
only will be paid at the time of registration in the office of the sub
register, Uttara, Dhaka.
c.
The registration of the apartment as described
in Schedule –B will be completed within 3 (three) months from the date
of agreement.
4.
First party/Seller will apply for Rajuk sale
permission at RAJUK and pay all kinds of fees related to sale permission at
RAJUK (such as property transfer fee, gain tax etc). Rajuk sale permission is
sole responsible of First party/seller. For getting RAJUK sale permission,
Second party/purchasers will not pay/bear any amount of money.
5.
Second party/purchasers shall bear /pay
registration cost only which is only related to office of the sub register,
Uttara, Dhaka at the time of registration (such as registration fee, Tax).Registration
is sole responsible of second party/purchasers.
6.
First party/Seller must have to apply for RAJUK
sale permission within next two working days from the date of this agreement.
7.
First party/Seller have to clear all dues (such
as loan, Utility bill, service charge, City Corporation Tax etc.) related to
the apartment as described in Schedule –B before the date of
registration.
8.
First party/Seller must hand over main documents
of the apartment to purchasers at the day of registration.
9.
After this agreement, First party/Seller will
issue notice to the tenant for leaving the apartment. Hereto mentioned that the
apartment, as described in Schedule –B, must have to be vacant before 15
(Fifteen) days of registration date.
10.
In any situation, this deed will not be invalid.
And any single party will not be able to cancel the deed. It is only possible
to cancel this deed if both parties (Purchasers and seller) mutually agree in written.
- In any situation, If First party/Seller cancels this deed, (even mutually agree in written with second party/purchasers), First party/seller will have to return/pay back to second party/purchasers the total amount of money which is paid by second party/purchasers till the date of cancel and also pay an addition 100% amount of paid money which is paid by second party/purchasers till the date of cancel.
- And First party/seller will return/pay back all those money (mentioned Condition: 10-a) to second party at the time/date of deed cancellation. Otherwise Second party/Purchasers will take over the apartment as described in Schedule –B and Second party/Purchasers will hand over the apartment as described in Schedule –B after receiving the total money(mentioned Condition : 10- a) from the First party/Seller.
- If Second party/ Purchasers cancel this deed, First party/seller will pay back 60% of the money which is paid by purchasers at the time of agreement or 1st payment (as mentioned Condition: 3-a) to the second party/purchasers.
11.
And if First party/seller fail to fulfill the
terms/Conditions (Condition: 3-c, 4,
6,), in that situation Condition No. (Condition: 10-a & 10-b) will be
applicable in any form of laws.
12.
This agreement is binding upon the heir’s
successors in-interest, administrator, and legal representatives of the Purchasers
and seller.
13.
In case of any disagreement, dispute or different
shall arise between the parties during the progress or relating either to the
said flat or to any other matter or things arising directly or indirectly under
this agreement, in such an event the same shall be referred to Arbitration and
the final decision of a sole Arbitration shall mutually agree between the
parties who alone shall consider and determine the same and whose certificate
or award shall be biding and conclusive upon the parties, otherwise two
Arbitrators, one to be appointed by each party who will appoint an umpire at
the commencement of the proceeding and this clause shall be deemed as
submission within the meaning of the Arbitration Act, 1940 shall be followed.
14.
This agreement is made 2(two) sets of original
stamp paper. Each of the party shall get one set of this agreement.
SCHEDULE –“A”
(Schedule
of the entire land)
All that piece and parcel of the land
containing by a measurement of 3 (Three) Katta, 11 (eleven) Chattak, 35
(Thirty five) Sft more or less situated at Uttara Model Town of RAJUK
(Former the Dhaka Improvement Trust), Dhaka, Sub register- Uttara, P. S:
Uttara, Mouza: Bailjure being Plot No. …………………., Road No. …………, Sector. …………, Uttara residential model town, Dhaka
prepared by RAJUK.
SCHEDULE –“B”
(Schedule
of the entire building)
The
Apartment located at floor being Apartment No. 5-A, 5th Floor,
South-East side, Apt. size-1170sft (more or less) and also includes 1(one)
fixed car parking space on ground floor and proportionate share of land,
common spaces situated on schedule “A” as above, at House # …, Road # ….,
Sector # ….., Uttara, Dhaka-1230.
IN WITNESS WHERE OF the parties
hereto have put their respective signatures into this deed of agreement the
date month and year above written.
WITNESS:
1. Mr. / Mrs.…………………………
Signature
of Seller/First Party
2.
Mr./Mrs........……………...............
Signature
of Purchasers/Second Party
3.
4.
