DEED OF DEVELOPMENT AGREEMENT

AND GENERAL POWER OF ATTORNEY

This Deed of Development Agreement and General Power of Attorney is executed on this the 13 th day of
August 2021 (Two Thousand Twenty One);

BETWEEN

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 DEED OF DEVELOPMENTAGREEMENT
AND GENERAL POWER OF ATTORNEY
This Deed of Development Agreement and General Power of Attorney is executed on this 16 th day of
December, 2020.
BETWEEN

, Hindu by faith, Indian citizen, Business by occupation resident of Deshbandhu Road, Namopara, Purulia, P.O.
Purulia, P.S. Purulia Town and District Purulia, West Bengal, hereafter called and referred to as the Land
Lord/Owner (which expression shall, unless excluded by or repugnant to the con text, be deemed to mean and
include their respective heirs, executors, administrators, legal representatives, assignees etc.) of the FIRST
PART.

AND
DEVELOPERS ( PAN No. ) proprietorship firm, having its registered office at Deshbandhu Road,
Purulia, P.O. Purulia, P.S. Purulia Town, and District Purulia, West Bengal, herein after called and
referred to as the DEVELOPER (which expression shall, unless excluded by or repugnant to the context,
be deemed to mean and include its/his/ heirs. executors, administrators, successors, legal representatives
assignees etc. in office) of the SECOND PART, being represented by its sole proprietor Smt. Beena
Mandal (PAN-BDIPM5726H & Aadhaar-2148 9607 5139 ) wife of a, business by occupation, Hindu
by religion, Indian Citizen, residing at North Lake Road, Purulia, P.0. Purulia, P.S. Purulia Town, and
District. Purulia, West Bengal.

WHEREAS the property fully described in the schedule below in Mouza Purulia, J. L. No. 292/2 within
District Purulia, P.S. Purulia(T) under Purulia Municipality, Ward No. 1, Holding No. 119 situated at
Deshbandhu Road bye lane bearing R.S. Plot no. 4456 recorded in R.S. Khatian No. 1146 measuring a
landed area of 05 Cottahs 04 Chattak (8.67 Decimals) along with a single storied building, specifically
mentioned in the schedule herein below, purchased by the owner by the virtue of a registered sale deed
bearing deed no. 3775, registered in the Office of the A D S R Purulia on 19/07/2017.
AND
WHEREAS after purchased the aforesaid property the land mutated his name and also converted the
classification of the land from Danga to Abasan in the concerned B L & L R O. and obtained separate
holding no. in his name from Purulia Municipality.

AND
WHEREAS for the benefit of himself and also for the development of the property, the landlord/owner
have decided to demolish the existing structures and to erect and/or construct a multi-storied building
thereon over the aforesaid property mentioned in the schedule herein below and as such due his lacuna
in the area of infrastructure, the landlord/owner have decided and intended to develop the schedule
property with the assistance of a competent Developer and/or promoter and as soon as the Developer
of the other part in this deed have came to know the intention of the landlord/owner have proposed to
the landlord/owner to make an agreement for development of the schedule property and the
landlord/owner also agreed with such proposal of the Developer of the other part in this deed and they
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 have also made a verbal agreement earlier from execution of this deed and the developer started
construction work already. Now for the purpose of creating authentic documents both parties has agreed
to make an registered development agreement under certain terms and condition as cited herein below.
AND
WHEREAS the Developers after scrutinizing and going through all the papers and documents
regarding the valid title and possession over the schedule property have agreed to develop the schedule
property by construction and or erecting a proposed multi-storied (G+5) building thereon over the same
and the same multi-storied (G+5) building will be known as (G+5) as the multi-storied G+5) building
is being erected.
AND
WHEREAS the landlords/owners have assured the present developer that the schedule property is free
from all encumbrances, liens, attachment, mortgage etc. and any other liabilities of any nature
whatsoever and howsoever and the owners are in peaceful possession of the said property, the owner
has assured the developer that he has marketable and saleable right and title over the Scheduled
property.
AND
WHEREAS after satisfaction regarding the right, title, interest and possession of the landlords, the
Developer herein make this deed of Development agreement with the consent that landlord in every
part of construction with assist.

NOW THIS DEED OF DEVELOPMENT AGREEMENT WITHNESSES AS FOLLOWS:-

1. That the land-owners delivered peaceful possession of the schedule property through the execution
of this deed of development agreement to the developer, for the purpose of development and construction
of proposed multi-storied (G+5) building consisting with residential flats the developer in this deed shall
accordingly take over possession of the land in question for the aforesaid purpose for development of the
same.

That the land owner has fully assured the developer that the land in question is free from all kinds of
encumbrances, charges, liens, attachments and encroachment, mortgage etc. and there is no notice of the
proposed multistoried building or buildings thereon over the schedule mentioned property and also there is
no objection or hindrance or obstacles in obtaining approval and sanctioned plan for construction of
multistoried building/apartment from the competent authorities.

The first party/ landowner further assured the developer that apart from them, no one else is/are entitled to
or has any right and interest over the schedule property or any part thereof either as co-sharers and co-
interested persons in joint family or otherwise the first party/landowners are not the benamdar trustee for
any one in respect of the schedule property and the first party/ landowner are fully entitled to transfer,
convey, dispose and alienate the property in any manner to any one as they think proper and fit as per their
own and sole discretion, if any dispute or litigation raise in future regarding the schedule land the owners
will liable for it.

2. That the first party/ land owner also assured the developer that the developer will be in no manner
liable for any of the outgoing and outstanding dues relation to the scheduled land for the period prior to
execution of this deed of development agreement and the same liabilities shall be borne by the first party/
land owner only.

3. That the second party/ developer be entitled to do all acts, deeds, matters, which it/he/they think,
necessary, relating to the development and construction of proposed multistoried building/apartment
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 consisting of independent, commercial unit, residential flats, garage, parking space etc. in general only on
specific reliefs written hereunder:-

4. The reliefs have been given by the first party/ landowners as follows:-

a. To prepare, amend or revise the building plan so will be submitted by the owner/landlord with the
assistance of the Developer herein for the purpose of construction of Multi-storied (G+5) building on the
land in question and to process submit the same for approval and sanction to the competent authority
Concerned in this name or either in the name of the land owners at the const and expensed of developer of
the other part in this deed.

b. To appoint technical person, architects, engineers, contractors etc. and managerial personals for
development and construction of the proposed multistoried building and for allied jobs as may be deemed
necessary for the purpose.

c. That the owner shall not make any interference with the construction work of developer at any point
of time, the Developer will construct the complete project as per sanctioned plan of Municipality.

5. The project for construction of the multistoried building as in the manner stated aforesaid have been
averred and stated as follows under the nomenclature of “OWNERS’ ALLOCATION” and
“DEVELOPER’S ALLOCATION”:-

After obtaining the sanctioned plan from the competent authority the owner in the one hand and the
developer in the other hand of this deed will demark their own portions and or shares in the building so will
be constructed over the schedule property and in this event the owners’ allocated area will be provided for
the Developer Allocated area as Developers’ Allocation.

6. OWNERS’ ALLOCATION:

The allocated portion in the manner as aforesaid of the entire multi-storied building, the landowners shall
be entitled to get their own area.

i) Owner’s Allocation – Owners will get 50% share in total structure.

The residential and commercial units of the building which is proposed to be under the allocation of
owners’ allocation shall be finished units and the floors shall be covered with floor tiles, windows will be
finished with aluminium with glass fitting, the doors will be flash doors made of by Plywood, inside wall
will be finished with wall putty, the slab of the kitchen will be made of by granite stone/codappa stone,
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 walls of bathroom and kitchen will be provided with the glaze tiles and the units will be with complete
electric wiring as well as the electrical wires with adequate electrical points will be provided.
7. DEVELOPERS’ ALLOCATION:

a) After construction of the entire building i.e. (G+5) the developer shall get the rest area of
construction area after deducting the owners allocation.

b) That it is hereby agreed by and between the owner and the Developers that to avoid future
dispute/litigation after sanctioned of proposed building plan the parties shall demarcate their respective
portion of the constructed area in term of the above allocation over the copy of sanctioned building plan and
put their respective signature therein which may be treated full and final settlement of allocation of the
constructed area of the building and in the event after obtaining the sanctioned building plan the Owner and
Developers will allocate their portion by demarcating their respective share in different inks such as the
Owner allocated portions and Developers allocated portion in the sanctioned plan and it is further decided
that after being allocated the respective portion in the manner as stated above the Owner will be bound to
empower the Developer to transfer Developers allocated portions through any Deed of Conveyance or
Conveyances by executing registered deed of General Power of Attorney.

c) Roof right of the building shall be strictly reserved to the Developer for further construction subject
to sanction from appropriate authority and in that case land owners and intending purchasers shall have no
right to raise any objection.

d) After deducting the said owners allocation as will be determined after obtaining the sanctioned plan,
the existing portion of the building will be developers’ allocation. The developer shall construct and finish
the entire building in question with a period of 24 months from the date of starting the construction provided
that if any type of loss to the second party/ developer such as declaration of war by enemy county, hindrance
from Govt. Natural Calamity, defect in the title in the land of the first party/land owners leading to dispose
before the court etc. then so much of time as is/are so shall be added to the aforesaid period of 6 months.
The developers will construct the multi storied building as per their own choices, expenses and decision.

It is to be mentioned here that the developer will start the construction work, after mutation conversion and
sanctioned plan from Municipality and will handover and deliver the possession to the landlord/owner in
respect of owners’ allocated area as will be distinguished after obtaining of the sanctioned plan with finished
work as early as possible within the aforesaid period of 24 months and in this event the parties of this
agreement have mutually agreed that the developer can never in any way transfer any unit prior to handover
the finished allocated portion to the owner which is under the nomenclature of “OWNERS’
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ALLOCATION”.

It is to be mentioned here that the developer can use their own allocated portion at their sole discretion and
the owner can never make any objection to that effect.

It further be mentioned here that during the period of construction, the first party landlord will never be in
any way make any obstruction or create any disturbance in the scheduled premises.

Be it noted that owners and developer will retain their allocated portion together with proportionate share or
interest in the land of the said premises also together with proportionate common area and facilities of
newly constructed building. The allocated portion of the Developer shall be exclusive of the Developer
unconcerned with Owner similarly allocated portion of the Owner shall be exclusive of the Owner
unconcerned with Developer.

10. It is also be agreed between the parties that the proposed lift which will be provided in the proposed
multi-storied building (Basement +G+5) will be constructed by the developer at their own cost and
expense.

11.For the purpose of registration, stamp duty and registration fee has been paid as per assessment of value
of the Additional District Sub-Registrar, Purulia amounting of Rs.41,16,083/- Only.
12.THE DEED OF DEVELOPMENT AGREEMENT has been executed by the parties with the condition
has stated herein below:

The OWNER shall not be entitled to lay any claim if the DEVELOPER makes any alteration over their
allocated portion. The OWNERS’ allocated portion will be the exclusive share of the OWNER in which the
DEVELOPER and / or their assignees and /or successor in interest shall not be entitled to lay any claim or
if any claim laid, that will not be tenable or valid. The DEVELOPERS’ allocated portion will be exclusive
share of DEVELOPER unconcerned with the OWNER, in which the OWNER and /or their assignees
and/or successor in interest shall not be entitled to lay any claim or if any claim laid that will not be tenable
and valid. The OWNER and the DEVELOPER shall jointly demarcate and define on a copy of the
sanctioned plan of the propose building as OWNERS’ ALLOCATION in red colour and after such
demarcation the balance portion in the sanctioned plan of the proposed building will be treated as
DEVELOPERS’ ALLOCATION. It has been further agreed and decided that the DEVELOPER shall
deliver the OWNERS’ ALLOCATION in finished and complete in the manner as stated in “OWNERS’
ALLOCATION” above to the OWNER free of cost, charges and encumbrances. The Developer shall be
exclusively entitled to Developers’ Allocation having valid right, title, interest and possession therein with
exclusive right to enter into any agreement for sale, transfer, let out, lease, license, gift, dispose of or
otherwise deal with the same in such part or portion as per his/its discretion and appropriate the earnest
money, sale proceeds, premium rent or usufruct of the same without any right, title, interest or claim of the
owner and the owner shall not be entitled to lay any manner of claim over the same. The Developer as per
his/its own descreation will be entitled to retain or deliver possession of his/its allocated portion or part
thereof to any person or persons or any such intending buyer transferee, lessee, tenant etc. and no further
consent of the owner shall

be required to this effect and this agreement by itself be deemed to be and treated as consent of the owner.
The owner shall be exclusively entitled to owners’ allocation having valid right, title, interest and
possession therein with exclusive right to retain for themselves enter into an agreement for sale transfer let
out lease license gift dispose of or otherwise deal with same in such part of portion as per their discretion
and appropriate the earnest money sale proceeds premium, rent or usufruct of the same with any right,
title , interest or claim of the Developer and the Developer shall not be entitled to lay any manner of claim
over the same.

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 The owner as per his/her/their discretion shall be entitled to retain or deliver possession of his/her/their
allocated portion or part thereof to any person or persons or any such intending buyer, transferee, lessee,
tenant etc. and no further consent of the Developer shall be required to this effect and this agreement by
itself be deemed to be and treated as the consent of the Developer. At the request of the Developer the
owner through registered deed of General Power of Attorney shall give power to the Developer or its
nominated person, in respect of the Developers’ allocated portion having power to enter into an agreement
for sale, to transfer, lease, license, gift, or any such other purpose/ purposes what so ever as stated in that
deed having right to receive and /or retain the money against that deed or the consideration money.

13. That the aforesaid proposed multi-storied (G+5) building will be constructed and the same will be
named after entire constructional work of the building after having mutual discussion of the parties.
Be it mentioned that both the parties manually agreed that after completion of the aforesaid multistoried
( G+5) building under the possessional right in accordance with the proportion and distinguished portion
of their respective allocation as will be demarcated after obtaining the sanctioned plan as aforesaid and
after distinction of their respective allocated area, the parties of this deed will execute a further deed and or
assurance to make and execute another deed in where the specific portion of both the parties will be
reflected and in such deed both the parties will be bound to put their respective signatures in that
documents.

14.That the stamp duty, registration charges, transformer charges, statutory fees, any kind of GST, if be
imposed, electricity meter charges, maintenance charges etc. has to be borne and paid by the landlord/
owners in respect of their allocated area, portion in the proportionate ratio as per their allocation of
property.

15. That it is hereby agreed by and between the owners and the developers that after delivery of the
allocated portion of the owners by the developer within the stipulated period and the owner shall be treated
as the unit holder of the building and the owners shall not be entitled to get any privilege to claim any right
apart from the privilege and right of other unit holders.

16. It is mutually decided by the parties of this agreement that the developer will construct the multistoried
building over the scheduled property by providing and or using standard materials which is being qualified
under the marked as ISO and in this event if any damages will occur in future in respect of the building so
proposed on the scheduled property, the landlord will be no way be liable for that and every liability will be
borne by the developer itself.

8. In this deed of development agreement and general power of attorney, the owner have also
empowered the developer to do all acts, deed and things on behalf of the owner in respect of the property
mentioned in the schedule in the manner stated hereunder:

a) To develop the scheduled property by constructing multistoried residential building or in any

manner as per sanctioned plan sanctioned by the Purulia Municipality or any other competent authority.

b) To look after, manage, supervise and administer the affairs of SCHEDULED PROPERTY and
protect the interest and share of the owners in the scheduled property.

c) To appear on behalf of the owner before the Purulia Municipality, Urban Land Ceiling Authority,
Income-Tax Authority and/or any other Govt. or Semi-Govt. Authority for the purpose of taking all
necessary steps to submit, sigh, verify and to receive back all Plans, petitions, applications, forms, challans,
receipts etc. on behalf of the owner.

d) To apply for submission of the plans for sanction of the building and to obtain building plan/ plans

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 duly sanctioned by the Purulia Municipality or any other competent authority.

e) To make contract or agreement for sale of the developers’ share of the said building in part or whole
thereof with any person/persons/firm/association at such rate or price the developer shall deem fit and
proper.

f) To sell, convey, transfer the share of the developers allocated portion as has been stated herein
before of this agreement wholly or partly thereof to the intending buyer/buyers on receipts of advance
money or full consideration money thereof.

g) To mortgage, pledge, keep as collateral security, developer allocated portions fully or partly thereof,
with Bank and /or financial institution for obtaining loan which the developer will think, fit and proper.

h) To execute and sign any contract or agreement in respect of developers allocated portions on
receipt of advance money or part payment of the consideration money and grant valid receipt or discharge
for the same.

i) To execute any deed of conveyance or conveyances of developers allocation portions fully or partly
in favor of the intending Purchaser/purchasers and to sign and verify all such deeds, documents as and
when such occasion will arise.

j) To present any Deed of conveyance or Conveyances for registration in respect of the developers
allocated portion before any Registration authority within the territory of Indian Union either Registrar of
Assurances Kolkata, District Registrar, Sub-Registrar, Additional District Sub-Registrar Purulia and also
any registering authority having jurisdiction and admit execution, to have the conveyance or conveyances
registered and to do all acts, deeds, things which the developer shall consider wholly or partly thereof to the
said Purchaser/Purchasers as fully and effectually in all respects.

k) To receive back any deed or document from any court or office on proper and valid receipt.

l) To appear in all the Courts either civil, criminal, Revenue, Original, Divisional, or appellate, in the
Registration Offices and in any other office and to sign and verify Vakalatnama, Ekrarnama, Powernama
etc. and to file plaint, complaint, written statements, verification affidavit, show caouse petition, objection
petition before any Magistrate, either Judicial Magistrate Executive Magistrate, District Magistrate,
Additional District Magistrate or before any sub-Judge, Munsiff, District Judge, Sessions Judge, District
Delegate in respect of the schedule property.

m) To institute any cause, suit or proceeding before any Court of Law against any person, firm,
association or any authority.

n) To appoint and constitute pleader, Advocate or any legal practitioner or agent whenever the
developer shall think proper to do so and to discharge them.

o) To conduct, defend, and contest all cases, suits and proceedings relating to the schedule property
instituted by any person, firm, association or any authority.

p) To compound, compromise, settle and submit for arbitration all suits, cases, proceedings, claims,
demands etc. arising in course of or in relation to the management, supervision and transfer of the schedule
property.

q) To sign, verify and file applications for execution of decree or orders of any court in respect of the
schedule property.

r) To prefer appeal, motion, revision before any Higher Court against any order or judgment passed
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 by any Lower Court.

s) To open Bank Account/ Accounts with any Nationalized Bank and to operate the same by their own
signatures jointly or separately.

t) To appear and to file claim petition before the Land Acquisition Authority in case the said Property
or any part thereof is acquired or requisitioned by the Govt. of West Bengal or any other statutory authority
and to receive the compensation in respect of developer’s allocated area only and the attorney being a one
of the partners of Developer herein will be in no way be entitled to receive any such compensation from
any competent office in respect of the owners’ allocated portion and if he/she/they do/does so that will be
deposited to the Bank Account of the Owner and collect receipt from the owner.

u) The developer shall not sell and or transfer the share of owners allocation as has been stated herein
before of this documents and if they do so they will be bound to pay the total consideration of owners
allocated area or deposit the same to the Bank Account of the owner immediately and collect receipt
thereof.

v) The developer is entitled to make necessary mutation and conversion in respect of their
(Developers’ Allocation) share in the schedule property before the concerned B.L. & L.R.O. Purulia and
any other competent Government and Semi Government authority.

And generally to do all other acts, deeds and things which in the opinion of the owners ought to be done
and all acts, deeds and things lawfully done by the developer shall be construed as the acts, deeds and
things done by the owner as the owner is personally present and do the same himself.

And the owner does hereby ratify and confirm and agrees to ratify and confirm all the lawful acts of the
developer which will be done by virtue of this development agreement and general power of Attorney
hereby conferred and on the strength of this deed.

ARBITRATION

Save and except what has been specifically stated herein before all disputes and differences between the
parties arising out of the meaning, construction or imposed of this argument of their respective right and
liabilities as per this agreement shall be adjudicated by reference to the arbitration of two independent each
party who shall jointly appoint an umpire and the commencement of reference and the award of the
arbitrator or the umpire as the case may be the final and conclusive on the subject as between the parties
and this clause shall be deemed to be a submission within the meaning of arbitration Act of 1940 and its
statutory modifications and/ or re-enactment thereof in force from time to time.
Notwithstanding the foregoing provision the right to use for specific performance of this contract by one
party against the other as per terms of this agreement shall remain unaffected.

Jurisdiction
All Learned Courts within the limit of the Purulia shall have the jurisdiction to entertain and determine all
actions, suits and proceedings arising out of this present between the parties.

SCHEDULE

All that a landed property within Mouza Purulia being J.L. No. 292/2 within District Purulia, P.S.
Purulia(T), under Purulia Municipality ward no. 1, situated at Deshbandhu Road, Purulia under Purulia
Municipality Ward No. 1, Holding No. 109, bearing R.S. Plot No.4456, recorded in R.S. Khatian no. 1146
measuring an area of 05 Cottahs 04 Chhatak with single storied building of 1400 sq.ft. constructed over it
has been agreed with the developer to develop the same through this deed of Development Agreement and
the Developer also be empowered in respect of Developer’s allocated area as recited above through this
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 deed and the entire landed area been delineated in red colour with specific boundary in the sketch map
attached herewith which will be treated as the part and parcel of this deed.
Bounded by:
North- Land Of Parul Sen
South- 9 ft wide common passage
East- 12 ft wide common passage
West- land of Swapan Kumar Mahato

WORK SCHEDULE
SPECIFICATION OF CONSTRUCTION AND MATERIALS
1. Foundation : Filling with isolated footings.
2. Structure : Structure will be of RCC with bricks 10 Inch. outside and 5 Inch. inside wall
including cement plaster.
3. Walls : Internal- Wall putty and External- Weather coat paint with Water proofing
compound.
4. Flooring : The entire flat with vitrified tiles.
5. Cement and Rod will be of ISI Mark( Cement will be use JSW/Ultratech/ACC/Dalmia, TMT-
JSW/Shyam Steel/ Maithon/SRMB/ Rashmi).
6. Electrical : Concealed ISI copper wiring with modern switches, adequate light power
points.
7. Kitchen : Glazed tiles up to the height of 48 inches above cooking platform. Cooking
platform of Granite. Stainless Steel Sink.
8. Toilet : Concealed pipelines with hot and cold water lines. Glazed tiles up to the height
of seven feet. CP bath fittings, sanitary fittings, PVC Cistern of reputed company with ISI mark.
9. Doors : wood frame with flush door shutter, Synthetic doors and frame in toilets. And
aluminum glass windows.
10. Water supply: Deep Tube well. Overhead tank for sufficient storage & supply.
11. Lift : Lift five or six men capacity- DG Generator for power backup.

NOTE- The above specification made are subject to change and Builder/ Developer can change the
specifications with consult with the owners.

(COMMON EXPENSES AND GENERAL EXPENSES)

GENERAL: All costs and expenses for maintaining, repairing and doing all acts, deeds and things which
are necessary for maintaining and beautifying the said Buildings has to be borne by respective parties as
per their respective shares in the aforesaid building. The expenses for maintaining the gutters and water
pipes, drains and electrical wires of the said building and used and enjoyed by the parties in common with
other occupiers and all expenses for maintaining the said Building, Main Entrance, Landing, Staircases of
the Building and Boundary walls and the cost of cleaning and lightening of the said Building and keeping
the said, back and front of the building borne by the respective parties as per their respective shares in the
building.
ASSOCIATION: All cost and expenses for establishment and incorporation and registration of the
Association for the whole building. Proportionate expenses for the Association will be paid by the parties
as per their respective shares in the building including the cost of formation of Association, establishment
and registration.

OPERATIONAL: The expenses for day today maintenance of the whole Building particular building and
such expenses to be incurred by Association will be borne by the Unit holders proportionately including the
salary of the staffs of the Association.

RESERVES: Creation of funds replacement, renovation and / or other periodic expenses.

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GENERATOR AND TRANSFORMER: Cost for installation of the Generator and Transformers will be
borne by parties and unit holders as per their proportionate share in the building and the same will be
treated as common.
______

IN WINNESS WHEREOF the parties hereto have executed these presents on the Day and year first above
written.

Note:- Signature with photo and fingers’ print of the owner and the developers are affixed on the
specimen copy annexed with this Deed.
Signature of the Owners
Witnesses
1.

Scribe – The Deed has been drafted as per

the instruction of the Parties and the writings
of this deed read over and explained to the
Parties who having been fully understood the
meaning and purport of this writing of this
Deed, put their respective signature and
Fingers impression by their own hand and
fingers.

Saroj Panda(Advocate)
District Judges Court Purulia
EnrollmentNo.F-500/425/2000
Signature of the Developers
Printed by

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