Sample Format of Sale Deed for Agricultural Lands in West Bengal and Kolkata

THIS DEED OF SALE is made and executed on this the day of
_________, by:
Sri____________________ S/o, D/o, W/o. ________,
aged about _ years, Occupation: __________
Resident of D.No. ____________________________
Represented by his / her agent
Being Minor Represented by Father / Mother / Brother / Guardian etc.
Sri____________________ S/o, D/o, W/o. ________,
aged about _ years, Occupation: __________
Residing at __ under general / special
power of attorney dated________ Registered as Document
Number_____ of Year_____ Book IV of RO/SRO__________.
( Hereinafter called the “VENDOR” ).
IN FAVOUR OF
Sri____________________ S/o, D/o, W/o. ________,
aged about _ years, Occupation: __________
Resident of D.No. ____________________________
Being minor represented by Father/Mother/Brother/Guardian
Sri____________________ S/o, D/o, W/o. ________,
aged about _ years, Occupation: __________
Residing at __
( Hereinafter called the “VENDEE” ).
The terms “VENDOR” and “VENDEE” herein used shall wherever the context so admits
mean and include their respective heirs, executors, successors, legal representatives,
administrators and assignees etc., as the parties themselves.
WHEREAS the Vendor is the sole and absolute owner of the agriculture land
bearing Survey No. _______admeasuring______Acres, Gts., Situated
at___________________(Vill)________
(Mandal) ______________Districts, which was inherited / having acquired the same from ____ through a sale deed / Gift /Gift Settlement/Partition/Will deed
registered as No._ of _ of S.R.O. ________ copied in
Volume No. ________ at Page ______vide pattadar pass book no___ titledeed no_______ issued by______ M.R.O.
WHEREAS the Vendor has offered to sell the said scheduled property for a
consideration of Rs. ____ and the Vendee has agreed to purchase the
same. Which is free from encumbrances for a total consideration of Rs.
____ and the Vendee agreed to purchase the same for the said
consideration.
Where as the vendor has received the said consideration as follows.
NOW THEREFORE this Deed of Sale witnesseth that in pursuance of the
said agreement and in consideration of the sum of Rs. _ already received
by the Vendor from the Vendee the said Vendor as absolute owner of the said property
described in the schedule hereto and more clearly delineated in the plan annexed with the
boundaries thereof shown in ___ colour does hereby transfer, convey and assign free
from encumbrances all the said property to hold the same to the said Vendee as absolute
owner together with appurtenances belonging hereto and all the estate, right, title,
interest and claim whatsoever of the Vendor in or to the said property hereby conveyed.
The Vendee shall hold and enjoy the same as absolute owner.
The Vendor hereby covenant with the Vendee as follows:

  1. The said property shall be quietly entered into and upon by the Vendee who
    shall hold and enjoy the same as absolute owner without any interruption
    from the Vendor or any persons claiming through the Vendor
  2. The Vendor has given vacant possession of the said property to the Vendee.
  3. The Vendor has paid all taxes etc., payable on the said property upto date
    and the Vendee will have to pay such taxes etc., payable hereafter.
  4. The property is free from all encumbrances, charges, mortgages, prior
    assignments of sale or lease hold or court attachments and it is not subject to
    any other litigation.
  5. The previous title deeds relating to the said property are hereby handed over
    to the Vendee.
  6. The Vendor hereby agrees to co-operate with the Vendee to get the title of
    the said property changed in the name of the Vendee in Revenue Records.
  7. The Vendor does hereby further agrees with the Vendee at all times hereafter
    at the cost of the Vendee to do and execute all such lawful acts, deeds and
    things for further and more perfectly assuring the said property to the Vendee
    according to the true intent and meaning of this deed.
  8. The Vendor does hereby agree to keep indemnified the Vendee from and
    against all losses, costs, damages and expenses which the Vendee may
    sustain by reason of anybody to the said property.
  9. The land is not an assigned land within the meaning of A.P. Assigned lands
    (Prohibition of Transfers) Act 9 of 1977 and it does not belong to or under
    mortgage to Govt. Agencies/Undertaking.
  10. There is no House or any constructions in the said Land, if any structure is
    there the parties may be prosecuted Under Section 27 and read with Sec. 64
    of Indian Stamp Act besides recovery of the stamp duty.
  11. The Vendor further declare that the schedule land is not attracted by the
    provisions of A.P. Land Reforms (Ceiling on Agriculture Holdings). Act. No. 1
    of 1973.
  12. The Vendor hereby declares that there are no Mango Trees / Coconut Trees/
    Betal Leaf Gardens / Orange Groves or any such other gardens; that there
    are no mines or quarries of granites or such other valuable stones; that there
    are no machinery no fish ponds etc., in the lands now being transferred; that if
    any suppression of facts is noticed at a future date, I will be liable for
    prosecution as per law, besides payment of deficit duty.
  13. Rule 3 Statement of Market Value.
    Name of Village S.No. Rate per Acre Total Market Value
    SCHEDULE OF PROPERTY
    All that the piece and parcel of Agriculture Land bearing Survey
    No.___admeasuring Ac.______Gnts. / _ Hectors, situated in
    Village Mandal , Under the jurisdiction of Sub
    District __and Registration District __     bounded by ,
    NORTH :
    SOUTH :
    EAST :
    WEST :
    More fully shown in red color in the plan annexed hereto.
    IN WITNESS WHEREOF, the Vendor hereunto has set his hand to this Deed
    of Sale with his free will and sound mind on the day, month and the year first above
    mentioned in the presence of the following witnesses.
    SIGNATURE OF THE VENDOR
    WITNESSES :
    1.
    2.

Power of Attorney Format for Sanction of Building Plans In Kolkata and West Bengal

By This Power of Attorney I, BD, son of EF, residing at ………………………… do hereby constitute and appoint Mr. XY of ……………………………. as my Attorney in my name and on my behalf make perform execute all or any of the several acts, deeds, powers, authorities, matters and things stated herein.

Whereas I am seized and possessed of a piece of land measuring about ……………. and structures thereon being premises no. ……………………… and briefly described in the Schedule hereunder.

And Whereas by an agreement dated ……………… executed by and between me and the said Attorney I have entrusted the said Attorney the said premises for developing the same and after demolition of the existing structure to build a multistoried building with dwelling units or flats on ownership basis and I have given possession thereof to the Attorney upon the terms and conditions contained therein.

And Whereas by an Agreement I have agreed to execute a Power of Attorney in his favour which I hereby do.

NOW THESE PRESENTS WITNESSETH as follows:

a.     To negotiate with the tenants in the existing buildings for the purpose of vacating the portions in their occupation by giving them alternative accommodation and to allot them similar accommodation in the new building to be constructed and to sign and execute the necessary documents and register the same with the Registering authority and, if necessary, to take all legal proceedings for evicting any occupier.

b.    to prepare plans for development of the said property and construction of the new buildings thereon,

c.     to submit the same to the concerned authorities to get the plan sanctioned.

1.     To obtain permission or approval form other authorities as may be required for the development and construction of the said new building in accordance with the said Agreement and for that purpose to sign such applications, papers, writings, undertakings, appeal etc. as may be required in relation to the said property, development and constructions.

2.     To enter upon the said property with men and material as may be required for the purpose of development work and for that purpose to demolish the existing building and structures standing thereon and erect new buildings, structures etc. as per the plan to be sanctioned, and to remove the debris and other materials of type demolished structure , and dispose of the same in the manner the Attorney may think fit.

3.     To appoint Architects, Contractors, Sub-contractors and Surveyors as may be required and to supervise the development work in respect of the said new contraction of the proposed buildings and structures on the said property in accordance with the plans to be sanctioned and specifications agreed to and/or sanctioned.

4.     To apply for modifications of the Building Plans from time to time as may be required in relation to the construction of the said new buildings on the said property.

5.     To approach the concerned authorities for the purpose of obtaining the permissions and other service connections including water and electricity for carrying out and completing the development of the said property and construction of the new buildings.

6.     To make deposits with the concerned authorities for the purposes of obtaining the permissions and other service connections including water and electricity for carrying out and completing the development of the said property and construction of the new buildings.

7.     After completion of the said construction on the said property to apply for and obtain Occupation and Completion Certificate in respect of the said buildings or parts thereof from the concerned Municipality.

8.     To enter into agreements for sale or lease of the Developer’s Allocation or any part thereof with such persons and on such terms and conditions as the said Attorney may think fit and proper but subject to the conditions contained in the said agreement.

9.     To apply for and obtain on my behalf Tax Clearance Certificates under Section 230-A of the Income-tax Act, 1961 for the purpose of Registration of the Conveyance, lease and /or other documents of transfer in respect the said property, buildings flats, space that may be executed by the said attorney.

10.  To sell and dispose off all or any of the flats, space or parking space from within the Developer’s Allocation on such terms and for such consideration as the Attorney may think fit and proper and to do all things necessary in relation thereto.

11.  To execute from time to time agreements for sale on ownership basis of such flats, shops, garages, spaces, conveyances in respect of the said new constructed buildings but in relation to the Developer’s Allocation or portions thereof and present the documents for registration and admit the execution of such documents before the appropriate authority.

12.  To insure the said property, buildings and fittings and fixtures against damages, fire, tempest, riots, civil commotion, floods, earthquake, bomb blasts, malicious damages for destruction and against other risks as the Attorney may think sufficient to protect the interest of all concerned therein.

13.  To ask for, receive and recover from all the purchaser of flats on ownership basis and other occupies whatsoever all rents, charges, profits, emoluments, services charges and other charges and sums of moneys now due or owing and payable or at any time hereafter to become due, owing and payable in respect of the said property, buildings, flats spaces in any manner whatsoever and also on non-payment thereof to enter upon and restrain and/or take legal steps for the recovery thereof to enter upon and restrain and/or take legal steps for the recovery thereof as the Attorney may think fit.

14.  To accept any service of Writ or Summons or other legal process for me and/or in my name and to appear in any Court to authority as my Attorney and to commence any action or legal proceedings in any Court or before any Authority and to prosecute, discontinue or become non-suited and to settle, compromise or refer any dispute to arbitration as the said Attorney may think fit and proper and for such purposes to appoint any Solicitor, Advocate, Lawyer in my name or in the name of the Attorney and pay the costs, Advocate, Lawyer in my name or in the name of the Attorney and pay the costs, expenses, fees and other outgoing.

15.  GENERALLY to do and perform all acts, deeds, matters and things necessary and convenient for all or any the purposes aforesaid and for giving full effect to the powers and authorities hereinbefore contained as fully and effectually as I could in person do.

16.  I hereby declare that this Power of Attorney is given in favour of the said Attorney for the purposes of development of the said property, construction of the said new buildings, allocation of Owner’s Allocation of the buildings, sell or disposal of Developer’s Allocation and for such other acts and things as mentioned herein I agree to ratify and confirm whatsoever the said Attorney shall do in the premises by virtue of these presents.

17.  I hereby declare that the powers and authorities hereby granted and conferred on the Attorney are irrevocable till the said property is full and properly developed as per the said Agreement, the concerned rules and regulations and the allotment of Owner’s Allocation and Developer’s Allocation and the transfer or conveyance of Developer’s Allocation or any part thereof in favour of the ultimate transferee or allottee or occupier

IN WITNESS WHEREOF we have hereunto set our hands at New Delhi this ……… day of …………..

THIS SCHEDULE ABOVE REFERRED TO

Signed and delivered by

Mr. BD (BD)

In the presence of

………………

Surrender of Lease Format in West Bengal and Kolkata

This Deed of Surrender is executed on the ………day……….of…… between A s/o………..r/o…………….(hereinafter called ‘lessee’) and B s/o……….. r/o ……… ……. (hereinafter called ‘lessor’)

Whereas vide lease deed dated……….the lessor had granted …….to the lessee a lease for ………years in respect with plot no……………..at …………………..

And Whereas the lease has agreed to surrender the aforesaid plot to the lessor at this request for a consideration of Rs………

This Deed On Surrender Witnesses as Under :-

1.     The lessee hereby surrenders and yields to the lessor the property described hereinafter for the consideration of a sum of Rs………………..paid by the lessor to the lessee (The receipt whereof the lessee hereby acknowledges).

2.     All the interests of lessee in the property aforesaid under or by virtue of the lease deed dated………..may be absolutely extinguished from the date of this deed.

3.     The lessee hereby release the lessor from all obligations arising under the lease aforesaid. The lessor shall be entitled to take possession of the plot at any time after giving to the lessee seven days notice in writing.

IN WITNESS WHEREOF, the lessor and lessee have signed this deed in the day and years first above written.

Witness…………. Lessor…………

Witness…………. Lessee…………

Model Trust Deed for a Public Trust in West Bengal and Kolkata

This Deed of Declaration of Trust is made at………….. this…….. day of……………20…….,by M/s. (1)…………………(2)…………………. (3)…………………. (4)………………… (5)……………….. all of………………….Indian Inhabitants, hereinafter referred to as `The Trustees’ (which expression shall be deemed to mean and include, the survivors or survivor of them and the heirs, executors and administrators of the last survivor of them Trustees or Trustee of the Trust hereby created) as follows:

WHEREAS:

1.     The Trustees are possessed jointly of a sum of Rs…….

2.     The Trustees desire to hold the said amount and all other amounts and other property, whether moveable or immoveable, including the investments by way of shares, fixed deposits, Government securities, bonds or debentures or in any other form that the Trustees may receive and hold by way of acquisition, donations, gifts or otherwise howsoever (hereinafter referred to as the Trust Fund) upon the Trusts and for the objects hereinafter mentioned.

NOW THIS DEED WITNESSETH as follows: –

The Trustees declare that they shall hereafter hold the said amount of Rs……. and the Trust Fund mentioned above for the time being on the Trusts for carrying out the objects and on and subject to the powers, provisions, terms and conditions hereinafter mentioned.

1.     This Trust shall be known as “………………………………….. “

2.     The area of operation of the Trust will be the whole of India but preferably in the State of…….. and particularly within the limits of….. Municipal Corporation.

3.     The Principal Office of the Trust will be situated at such a place as the Trustees may decide. The Trustees may open branches or local offices at different places within the area of operation.

4.     The principal object of the Trust is to carry on cultural and charitable activities conducive to the secular character of the Indian Nation and to the advancement of national integrity, patriotism and discipline. For the purpose of or towards achieving the above principal object, the Trust shall have the following particular objects:

a.     To advance the cause of Indian music & dance in all forms, both Hindustani and Karnataka by holding music and dance programmes regularly or occasionally, particularly of nonprofessional artists, by conducting music and dance classes, schools or colleges and imparting the knowledge of music and dance by holding lectures, seminars, conferences on music and dance and by doing all other acts and things in the cause of music and dance being the arts which have a great cementing force among all people irrespective of caste, creed or religion and which are powerful organs or agents in the achievement of national integrity and secularism.

b.    To write through or with the help of literary persons, of different aptitudes or classes, plays in….. and other languages on different topics, to translate plays written in different languages into other languages, or to convert plays or dramas into short plays or episodes or T.V. or Radio plays.

c.     To stage dramas in all forms by amateur artists or professionals, in different languages including all types of rural arts.

d.    To conduct classes or courses for the development of dramatic arts, including acting, stage settings and decorations, face painting or make-up.

e.     To hold meetings, conferences, seminars, discussions on different and current social subjects or events other than political.

f.     To help and encourage writing literary works, to conduct mobile or other libraries of books and periodicals and to advance the habit of reading and writing, and literacy in general.

g.    To carry on activities helpful to the society in general and to any individual or individuals in particular in the field of medical help, education, calamities, social awareness.

h.     To hold inter-State dialogues or meetings of artists, scholars, philosophers, technicians in different cultural scientific & philosophical subjects.

i.      To produce documentary films on social and cultural subjects and to exhibit them through T.V. or in social functions and at other places.

j.      To establish a mini-academy to carry out any one or more of the above mentioned objects.

k.     To form a nucleus or platform of universal brotherhood without distinction of race, creed, sex, caste or colour.

l.      To encourage the study of comparative religion and science.

m.   To investigate or do research in the unexplained laws of nature and the mysteries of the universe on logical or scientific basis.

n.     To do all other acts and things as are conducive or helpful to the advancement and fulfillment of the principal and other objects above-mentioned.

5.     The trustees shall have power to appoint an advisory committee of not more than ten persons which can be dissolved and reappointed from time to time as the Trustees may think fit. The members of the Advisory Committee will generally be those who are well-known in the public by reason of their scholarship, profession, eminence in different fields of art; philosophy, science and technology.

6.     The functions of the Advisory Committee will be to advise the Trustees on the subjects of activity of the Trust or any projects undertaken or proposed to be undertaken by the Trust, to express opinion on any question referred to them by the Trustees, to make suggestions and to give instructions on the activities of the Trust and generally to guide the trustees. The decisions, suggestions or proposals made by the Advisory Committee will be of a recommendatory nature. The members of the Advisory Committee will not be considered as trustees of this Trust.

7.     If any person ceases to be a member of the Advisory Committee by reason of resignation, death or otherwise his place may be filled in by the Trustees. The Trustees will have power to omit or remove any member of the Advisory Committee if the Trustees so think fit for any reason, without being bound to disclose the same.

8.     The Trustees will appoint one of the members of the Advisory Committee as Chairman and one of them as Secretary. The Chairman will preside over all the meetings of the Advisory Committee. In the absence of the Chairman at any meeting, the members the present can nominate any of them as the Chairman of that meeting. All decisions of the Advisory Committee will be taken by majority and in the event of equality of votes, the Chairman of the meeting will have a casting or additional vote. The meetings of the Advisory Committee will be called by the Secretary as and when required by the Trustees. The Secretary will keep a minute book wherein will be recorded all the minutes of the meetings including the decisions taken and the minutes will be confirmed in the same meeting or in the subsequent meeting of the Committee.

9.     Trustees or any one or more of them nominated by the Trustees shall be ex-officio members of the Advisory Committee.

10.  The Trustees shall also have power to appoint one or more committees, to be called Executive Committees, to carry out one or more of the objects and activities of the Trust. Any one or more of the Trustees as may be nominated by the Trustees shall be ex-officio members of each of such Committees.

11.  The functions of each such Committee will be such as will be assigned by the Trustees from time to time. The Committee will be in full charge of the function or activity or any project assigned to the Committee and shall execute the same in the interest of the Trust but subject to such directions or limitations as may be given or prescribed by the Trustees.

12.  Each Executive Committee shall consist of not less than three and not more than five persons nominated by the Trustees. Each such Committee will elect its Chairman and Secretary. The Chairman will preside over the meetings but in his absence, the members present will appoint any one of them present as Chairman. The Secretary of each Committee will call the meetings of the Committee from time to time as required by the Trustees or the Chairman or the Secretary himself and he shall keep record of all such meetings and the business transacted therein. The Committee may distribute the work assigned to them among its members for executing the same.

13.  The Trustees will have the right to dissolve any Executive Committee as and when they think fit. If any vacancy occurs in any Executive Committee by reason of resignation, death or otherwise, the same may be filled in by the Trustees.

14.  The Trustees shall have also the power to constitute a. body or association of persons who will be either professional or amateur artists, in the fields of music, drama, dance, painting etc. or who will be persons belonging to other professions like lawyers, doctors, architects, accountants, or industrialists, businessmen or social workers or who will be scientists, philosophers, literary writers, historians or otherwise eminent or famous in other walks of life, with a view to involve them and to enable them to participate in the activities of the Trust. Every person desiring to join such body or association shall apply to be a member of the body or association in the form prescribed by the Trustees and each such person will agree to pay a subscription as may be prescribed by the Trustees from time to time. Such subscription will be treated as a donation to the Trust fund. A person who fails to pay such subscription for more than three months since the time it becomes due, shall cease to be a member of the body or association unless the Trustees condone the delay in payment. Any such person may also resign from the body or association if he or she so chooses. Such persons shall be eligible to participate in the activities of the Trust as and when required by the Trustees or by any Executive Committee but without any compulsion. The Trustees may call meetings of such body or association as and when required to discuss any question or topic generally or specifically and each member will be entitled to participate in such meeting and express his or her views. However, no decision or consensus of that body on any question will be binding on the Trustees. The Trustees shall maintain a register of such members and an account of the subscription or donation paid by them from time to time. Such body or association will be considered as an ad-hoc body or association associated with the Trust and not as an independent or separate entity.

15.  The Trustees will sanction and make available to any Executive Committee such funds as may be sanctioned by the Trustees for any activity or programme to be executed by the Committee. The Secretary of the Committee will keep accounts of such sanctioned amount and submit the same to the Trustees from time to time or whenever required by the trustees. If any amount, more than the sanctioned amount, is required, the committee concerned will obtain the approval thereto of the Trustees in advance and the Trustees shall make available such additional amount as and when required.

16.  The Secretaries of the Advisory Committee and of the Executive committee or Committees shall submit the reports of meetings of their respective Committees of which they are Secretaries from time to time or as and when required by the Trustees.

17.  The Members of the Advisory Committee or any Executive Committee will work in honorary capacity, but the Trustees will have power in any given case to pay an honorarium to any one or more or all members of any committee as the Trustees may think fit. All other expenses actually incurred by any Committee within the sanctioned limit will be disbursed out of the Trust Funds.

18.  The Trustees will be entitled to delegate any of the powers of the Trustees under this Deed or in Law to any Executive Committee subject to such conditions as the Trustees may think fit.

19.  The Trustees shall invest the Trust Funds in authorized Trust securities including bank deposits, or deposits or debentures of public undertakings but not in shares or debentures of any other Commercial Companies and the income raised from such securities only will be used in carrying out the objects of the Trusts. The Trustees will have power to change the investments from time to time as may be beneficial to the Trust.

20.  The Trustees shall have the following powers:

a.     To receive donations or gifts in money or in kind on such conditions as the trustees may agree upon and which are not inconsistent with the objects of this Trust.

b.    To acquire any immoveable or moveable property, required for carrying out the objects of the Trust, by way of purchase, lease, gift, construction or on leave License basis or otherwise howsoever.

c.     To sell any immoveable property or any part thereof or give on lease any property or any part or parts thereof not required for carrying out the objects of the Trusts, subject however to the permission of any authority if required by law.

21.  The number of Trustees shall be not less than three and not more than nine. In the event of any trustee ceasing to be a Trustee by reason of death, resignation or physical or mental incapacity or otherwise, the remaining trustees shall have power to appoint any other person in his place as trustee and on such appointment all the Trust Fund will vest in him along with other trustees.

22.  The Trustees shall not be entitled to any remuneration or to pay any remuneration to any person for acting as Trustee out of the Trust Fund.

23.  The Trustees shall keep and maintain proper and regular accounts of the Trust Fund and of the income and expenditure and shall get the accounts audited by a duly qualified auditor to be appointed by the Trustees and the audited annual Balance Sheet and the Income and Expenditure Accounts or Receipts and Payment Accounts shall be finally approved and passed by the Trustees at one of their ordinary meetings and shall be filed with any Authority appointed under any Law. All the audited Statements of Accounts of the Trust namely the Balance Sheet and Receipt and Expenditure account shall also be placed before the meeting of the Trustees for approval.

24.  All accounts in the Banks shall be maintained in the name of the Trust or the Trustees and will be operated by any two or more trustees as may be decided by them from time to time.

25.  The Trustees shall maintain a register of the Trust Fund and its investments and shall keep it up to-date by making additions to or alterations in the same as and when new investments are purchased or acquired or disposed of by the Trustees. The Trustees shall physically verify the list or register at least once a year.

26.  The Trustees will have following additional Powers:

a.     To appoint an Advisor or a Board of Advisors to advise the Trustees in the formulation of general policies or in such other matters as are referred to them, provided however that, it shall be open to the Trustees to accept or not their advice wholly, partly or to reject it.

b.    To sanction recurring expenses from month to month.

c.     To sanction expenditure on non-recurring items in any year. (d) To institute, defend or compromise legal proceedings on behalf of the Trust, if and when necessary.

d.    To invest, dispose of, transfer or otherwise deal with the funds of the Trust subject to the provisions of any law to that effect in such manner as the Trustees shall deem fit, so as to enable them to carry out the objects of the Trust effectively.

e.     And generally to do any other acts or act not mentioned above that may be necessary in the discharge of their duties and execution of the powers vested in the Trustees.

27.  The Trustees shall be chargeable only for such moneys, stocks, securities and other property as the Trustees shall actually receive notwithstanding their signing receipt or cheque for the sake of conformity and shall not be answerable and accountable or responsible for the acts, receipts, omissions, commissions, neglects and defaults of bankers, brokers, auctioneers, advocates or other persons with whom or into whose hands any trust moneys or securities may be deposited or for any other loss unless the same shall happen through his own negligence, willful default or omission, breach of Trust, misapplication or misconduct.

28.  The Trustees may reimburse themselves or pay and discharge out of the Trust Fund all expenses properly incurred in or about the execution of the Trusts/or Powers under this Trust or any of them. Provided, however, that this right and/or power of reimbursement shall not be operative in case of a Trustee held liable for the loss caused to the Trust for his acts of commissions or omissions.

29.  The Trustees shall have power from time to time to frame rules and regulations as they may think fit and proper for the administration and carrying into effect the provisions of this Trust and to provide for the Management of the Trust Fund and also from time to time alter any such rules and regulations or to repeal any of them and substitute others in their place, provided always that, no such rules or regulations as framed or subsequently amended shall in any manner be inconsistent with any of the provisions of this Declaration of Trust.

30.  In all cases in which it is found necessary or desirable to amend, alter to or add to this Trust or any Clause hereof, to seek advice or any other directions on any question of conduct or administration or Management of this Trust, the Trustees shall have the right under this Trust to apply to any statutory authority or a court of law

31.  The Trustee shall take steps immediately after the execution of these presents to register this Trust with authority appointed by any Act, governing public charities.

32.  If this Trust ceases to function by reason of there being no trustees existing or the Trustees not carrying the objects of the Trust, or for any other reason, then with the approval of any prescribed authority or a court of law and on the application of any person connected with or interested in this Trust, the Trust Fund of the Trust then existing shall be transferred to any public Trust existing and functioning as such authority or court may think fit.

IN WITNESS WHEREOF the Trustees have put their respective hands on the day and year first hereinabove written.

Signed by the within named)

Dilatants /Trustees)

1.      

2.      

3.      

4.      

5.      

in the presence of)

Gift of Land for Building a Temple in West Bengal and Kolkata

This Deed of gift is made at ……. on this …… day of …….. 2000, between A son of Shri ………… resident of ………. (hereinafter called “the Donor”) of the One Part and B Son of Shri ………………….. resident of ……………………………….. (hereinafter called “the donee”) of the Other Part.

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Format Deed of Partition between Members of a Joint Hindu Family in West Bengal and Kolkata

This Deed of Partition is made on the …….. day of ……………… amongst KK, son of DD (called first party) ; RK, son of DD (called second party) ; SK son of DD (called third party) and Smt. SD, wife of DD, deceased (called fourth party), members of a Joint Hindu Family belonging to …………… caste, residing principally at ……………………………, the ancestral home of the family.

Whereas DD, father of parties Nos. 1, 2 & 3 and husband of party No.4, died on ………………….. ;

And Whereas the said DD was the Karta of the Joint Hindu family consisting of his sons and wife and was possessed of properties mentioned in Schedule I to IV attached to this deed ;

And Whereas parties Nos. 1 and 2 are living at ………………………… and both carry on their separate business out of their separate funds, and the parties Nos. 1, 2 & 3 wish to partition the joint-family properties so that no dispute should arise among them ;

And Whereas at the well founded advice of the family friend Shri KC, Advocate, the parties to this deed have put all the properties belonging to each of them separately into the joint family hotchpotch, but excluding the business assets of parties Nos. 1 & 2 which are the result of their separate earnings; property in Schedule 1 valued at Rs. ……………….. and other properties in Schedules 2, 3 & 4 valued at Rs……………..

And Whereas in consideration of the absolute or sole ownership acquired by each party in respect of the allotment made to such party out of the hitherto joint property and in consideration of the covenants hereinafter mentioned and agreed to by all the aforesaid parties the said parties resolved to incorporate the terms of the partition in a deed of partition.

NOW THIS DEED WITNESES AS FOLLOWS :

1.     That the parties to this deed have agreed that the properties subject to partition are of the value of Rs…………. and the value of the separated share shall be Rs………… each which shall be the value for the purpose of stamp duty.

2.     That the property mentioned in the Schedule 1 shall be retained by parties Nos 1 & 4 since they continue to live in that property as before and in lieu of the share in the property of Schedule 1 parties Nos.1 and 4 shall pay to parties Nos. 2 and 3 Rs…………being their combined share and parties Nos. 2 & 3 have accepted the payment of Rs………….. in lieu of their share in the property in Schedule 1.

3.     That the parties Nos. 2 & 3 release their interest in the property of Schedule I and convey to parties Nos 1 and 4 separately their right, title and interest thereon and similarly parties Nos. 1 and 4 release their right, title, and interest in the properties mentioned in the Schedules 2, 3 & 4, so that parties Nos. 1 & 4 and Nos.2 and 3 constitute the sole and absolute owners of the properties in Schedule 1 and in Schedules II, III and IV respectively. The title deeds in respect of the items of the property which are forthcoming have been delivered to each of the parties to whose share the items of property relating to the title-deeds have been allotted.

4.     That the original deed of partition shall be retained by party No. 1 for the purpose of safe keeping and production before court or public.

5.     That the parties have agreed that all the taxes and public charges in respect of the allotted properties shall be borne by the parties themselves.

IN WITNESS WHEREOF the parties aforementioned have executed this deed of partition on the date aforementioned.

Witness: Sd/-

1. KK

2. RK

3. SK

1. ________________ 4. Smt. SD

DEED OF PARTITION BETWEEN MEMBERS OF A HUF (ANOTHER FORM)

THIS DEED OF PARTITION is made on the ………. Day of …… amongst AB, son of KL of the first part (hereinafter called “Party No.1”) and CD, son of KL of the second party (hereinafter called “Party No.2”), AND EF, minor son of KL, of the third party (hereinafter called “Party No.3”) through GH, his mother and natural guardian AND GH, widow of KL of the fourth part (hereinafter called “Party No.4”) AND MN, widow of RS, son of KL of the fifty part (hereinafter called “Party No.4”) members of a joint Hindu family belonging to …… caste, residing principally at … the ancestral home of the family and actually at different places from time to time.

Whereas KL, the father of the party Nos. 1, 2 & 3 and the husband of party No.4 and father-in-law of party No.5 died on ……. Leaving behind AB, CD and EF his sons and GH his widow, and MN widow of predeceased son RS, as heirs ;

and Whereas KL, was the karta of the joint Hindu family consisting of his sons and wife and was possessed of items of properties mentioned in Schedules I to V excepting Item No.3 in Schedule 1, item Nos. 2 and 3 in Schedule II and Item No.4 in Schedule V attached to his deed ;

and Whereas after the demise of KL party No.1 became and acted as the karta of the said joint family and with the assistance of joint-family funds purchased a shop more particularly described as Item No.3 in Schedule (in his own name and prices of land more particularly described as item nos. 2 and 3 in Schedule II, the former in his own name and the latter in the name of GH and a house more particularly described as Item No.4 in Schedule V, in the name of Rs a forementioned;

And Whereas CD party No.2 is employed as ……. In and is at present posted at ……….. ;

And Whereas RS was married to MN in ….. and having practiced as lawyer in the town of …..for about 8 months only died on ……. Leaving behind MN as a widow ;

And Whereas differences have arisen between the members of the family and constant disputes crop up between MN and GH, which make it undesirable that the members should continue to form a joint Hindu family ;

And Whereas at the intercession of the friends of the members of the family, the aforesaid parties have agreed to divide the joint family estate which GH, as guardian of EF considers as beneficial to the interest of her minor son aforesaid and all the properties of the family irrespective of the name in which the same has been purchased or is recorded in revenue records equal in value, except that properties mentioned in Schedule II are valued at only about Rs…………… while the total value of properties mentioned in each of other Schedules is about Rs……………… and on lots being drawn in the presence of all the parties picked out by EF the properties mentioned in Schedules I, II, III, IV and V fell to the share of parties No.1,2,3,4 & 5, respectively but parties Nos. 1 and 5 agreed with the assent of the other parties aforementioned to interchange the lots whereby properties in Schedule II were accepted to be taken by party No.1 and those in Schedule V were accepted to be taken by Party No.5 ;

And Whereas in consideration of the absolute or sole ownership acquired by each party in respect of the allotment made to such party out of the hitherto joint property and in consideration of the covenants hereinafter mentioned and agreed to by all the aforesaid parties the said parties resolved to incorporate the terms of the partition in a deed of partition.

NOW THIS DEED WITNESSES AS FOLLOWS:

1.Allotment. – Pursuant to the aforesaid agreement, the parties to this deed of partition, hereby divide the joint-family property in five equal shares for which purpose the same had been split up into five lots, each of such lot being incorporated in a separate Schedule attached to this deed whereby the properties mentioned in Schedules I, II, III, IV and V are assigned and allotted to parties Nos. 1,2,3, 4 & 5 aforementioned, respectively.

2.Acknowledgement. – The sum of Rs…………… has been paid by each of the said parties Nos.3, 4 & 5 to the party No.2 (receipt whereof the party No.2 hereby acknowledges) and party No.1 has executed a promissory-note for Rs…………….. payable with interest at 6 per cent, in lieu of the sum of Rs………….. payable by him to Party No.2.

3.Conveyance.—Each of the said parties hereby releases his interest in the properties allotted to other parties and conveys to each of them separately his right, title and interest therein so as to constitute each party to this deed the sole and absolute owner of the property allotted to that party free and discharged from all claims and demands of the others thereto or concerning therewith, as from the date of this deed. The title-deeds in respect of the items of the property which are forthcoming have been delivered to each of the parties to whose share the item of property relating to the title-deed has been allotted, to have and to hold the said items of properties mentioned in the said schedule unto each party respectively and enjoy the same in severally absolutely and for ever.

4.Covenants

a.     Further partition.—The parties aforementioned have agreed that this partition shall not be open to challenge even if any debt due to any allottee is not realised or becomes irrecoverable or any party is deprived of any property or part thereof by a stranger to this deed, but reserves the right to each party to claim a further partition of any property which may be found to be joint-family property but has not been included in any of the Schedules attached to this deed.

b.    Partition deed. – The original deed of partition shall be retained by party No.1, a true copy thereof signed by each party has been delivered to the other said parties who shall be entitled to require production of the original from Party No.1, before any court or public office or arbitrator or bank or insurance company, etc., if so desired.

c.     Payment of taxes, etc. – It has been further agreed that each party shall execute and get registered, if necessary, any deed, document or receipt which he may be required to do at the instance of any other party of this deed at a latter’s expense, in order to more effectually assure the requisitioning party of any rights or title conferred on him under this deed, or to get any property aforesaid mutated or entered in revenue or other public records as being in the exclusive and absolute possession and ownership of the party to whom the same is allotted under this deed.

IN WITNESS WHEREOF the parties aforementioned have executed this deed of partition on the date aforementioned.

1. WITNESS _______________                                                               (Sd.)

                                                                                                            1. AB _______

                                                                                                            2. CD _______

                                                                                                            3. GH

as guardian on behalf of her minor sonEF. 

                                                                                                            4. GH. ___________

                                                                                                            5. MN __________

Basic Format of Perpetual Lease of a Land in West Bengal and Kolkata

This Contract of Lease entered into on the…………..day of…………….between X son of……….r/o………..(hereinafter called ‘first party) and Y s/o………….r/o………………………(hereinafter called the ‘second party’) witnesses as follows :-

1.     The first party hereby agrees to lease out the plot of land number …………. situated in ………..in the District …………..of…………………….., move precisely described in the schedule annexed herewith , to the second party from the date of this lease in perpetuity on payment of yearly rent of Rs……………………….payable in four quarterly installments of Rs……………………first installment failing due on……..day of…………month, second installment failing due on……..day of…………month, third installment failing due on……..day of…………month each year.

2.     The second party hereby agrees:-

                       i        To pay the rent hereby reserved in the manner hereinbefore started.

                      ii        To pay all rates, taxes and charges which are payable or may so become at a future date in respect of the said plot of land.

3.     Default in payment in two consecutive installments of rent shall entitle the first party to enter upon the said land and determine the lease.

IN WITNESS WHEREOF the first and second party have signed this contract on this day and year first above mentioned.

Signed by                                                                      Signed by

……………                                                                    ……………

1st party                                                                       2nd party

In the presence of                                                          In the presence of

……………                                                                   ………..

Power of Attorney Format for Development of Property by the Owner

To All To Whom These Presents Shall Come, I Mr…………… residing at …………….

Whereas I am the owner of an immovable property consisting of a plot of land with old building thereon and which is more particularly described in Schedule hereunder written.

And Whereas I propose to develop the said property by demolishing the existing building and constructing thereon a new building with flats and other premises therein and intended to be sold on ownership basis, so that ultimately after the property is fully developed I will transfer the property to a Co-operative Housing Society to be formed by the Purchasers of flats and other premises therein.

And Whereas I am unable to attend to all the matters necessary to develop and carry on such development work due to my other occupations.

And Whereas I, therefore, propose to appoint (1) Mr… and (2) Mr… and (3) Mr… who are the partners of the partnership firm of M/s A B & Co. and who have agreed to carry on the work of development on the terms of an agreement entered into by me with the said firm. as my attorneys or agents with full power to develop the said property as hereafter stated on my behalf and in my name and which the said attorneys have agreed to do.

NOW KNOW YOU ALL AND THESE PRESENTS WITNESSES that I Mr… hereby appoint and constitute the said (1) … (2)… and (3) ……. jointly and severally to be my true and ‘lawful attorneys with full authority and power to do and execute all acts, deeds and things mentioned below, for me and on my behalf and in my name viz.

1.     To apply to the Competent Authority under the Urban Land (Ceiling & Regulation) Act. 1976 for grant of permission to develop the said property by demolishing the existing structure thereon and constructing a new building in Its place as required by section 22 of the said Act and for that purpose to sign all applications and other papers, to appear before the Competent Authority and to give him all the papers and Information as required and to do all acts and things necessary for the purpose of obtaining permission u/s 22 of the said Act.

2.     To appoint an architect and to get the plans of the proposed building sanctioned by the Municipal Corporation of … and other authorities concerned in respect of the new building proposed to be constructed thereon, so as to exhaust the full F.S.I. which is available on the said property under the present development rules, provided the plans, before they are submitted to the Municipal Corporation for approval, are also approved by me.

3.     To make necessary applications and sign all papers, to appear before the Municipal Authorities. to pay necessary fees and premium required for getting the plans sanctioned and to do all other acts and things as may be necessary for getting the plans of the proposed building sanctioned by the Municipal and other authorities.

4.     To apply for and obtain I.O.D. and Commencement Certificate for construction of the building from the Municipal Authorities and for that purpose to sign applications and other papers, to pay necessary fees and all other acts and things necessary for that purpose and in that behalf.

5.     After the N.O.C. u/s 22 is obtained and the municipal plans are ,sanctioned to demolish the existing building or structure/s on the said property and to remove all the other material therefrom, and to sell such building material like steel and cement at the best price available and to pay the sale proceeds to me.

6.     To construct a building on the said plot as per the sanctioned plans and according to specifications and other requirements of the Municipal Corporation and for that purpose to employ contractors. architects, structural engineers, surveyors and other professionals as may be required in the construction of the building.

7.     To enter into and sign and contract with the contractor or contractors for construction as well as contractors for labour and to sign such agreements.

8.     To enter upon the said property as my licensee for the purpose of carrying on the construction work as aforesaid.

9.     To apply for and obtain permission for water supply, electricity supply, laying down drainage and for other amenities as are generally required for a building.

10.  To obtain occupation and completion certificate from the Municipal Corporation after the building is completed in all respects.

11.  To sell the flats and other premises in the said building at the best price available to, the intending purchasers thereof and to enter into agreements in the prescribed form if any under the Ownership Flats Act, or otherwise with such modifications therein as may be necessary.

12.  To open an account with any Bank in my name or in the names of the said attorneys and to credit all the sale proceeds in respect of the flats and other premises received by the attorneys in the said account to withdraw from such account such monies as may be required from time to time for meeting the cost of construction.

13.  After all the flats and other premises are sold and monies realised and all the expenses are also incurred, to hand over the balance of the said proceeds of the flats and other premises to me.

14.  To get a co-operative housing society of the flat purchasers in the said new building registered under the Co-operative Societies Act and for that purpose to get necessary forms, applications signed by all the purchasers of flats and other premises and to file the same with the Registrar of Co-operative Societies and to do all other acts and things necessary for registration of the society and to obtain registration certificate.

15.  To engage any advocate or solicitor for the purpose of taking advice and for preparation and execution of different documents required to be executed pursuant to these powers and to pay their fees.

16.  To pay all the municipal and other taxes relating to the said property payable until the completion of the building and transfer thereof to the proposed Co-operative Housing Society.

17.  To do generally all other acts and things as are necessary or seem to be required to be done for the development of the said property by constructing a building on flat ownership basis in all respects.

18.  I agree to ratify all acts and things lawfully done by the said attorneys by exercise of the powers herein contained.

IN WITNESS WHEREOF I, Mr… have put my hand this the … day of… 2000

THE SCHEDULE ABOVE REFERRED TO

Signed and delivered by the withinnamed Mr…

in the presence of …

BEFORE ME.

Lease of Agricultural Land

This Deed of Lease made at …………….. on the …………….. day of …………….. 19 ….. between A, son of …………….. resident of …………….. (hereinafter called the “Lessor”) of the One Part and B, son of …………….. resident of ……………………………. (hereinafter called the “Lessee”) of the Other Part.

1.     This Deed Witnesseth as Follows:

In consideration of the rent hereinafter reserved and of the Lessee’s agreement hereinafter contained, the Lessor hereby demises to the Lessee a lease of All Those Piece and Parcels of Land bearing Survey No. ……………… Hissa No………………. situate, lying and being at Village ………… Taluka ……………… District …………….. and the particulars whereof are specified in the Schedule hereto (all of which hereditaments are hereinafter called the “farm”) together with a cottage, out houses and a farm house constructed in the Survey No ………………. and trees, fences, hedges, ways, waters, walls, liberties, easements and appurtenances whatsoever belonging to the said farm To Hold the farm unto the lessee for the term of …………. years from the …………….. day of …………….. paying therefor during the said term the yearly rent of Rs. …………….. by equal half-yearly payments on the …………….. day of …………….. and the …………….. day of …………….. free from all deductions except for landlord’s property tax, the first payment to be made on the ……………. day of …………….. next ……………..

2.     The Lessee hereby covenants with the Lessor:

              i.        To pay the reserved rent on the days and in the manner aforesaid.

             ii.        To pay all existing and future rates, taxes, assessment and outgoings payable by law in respect of the farm by the owner or occupier (except Lessor’s property tax).

            iii.        To repair and keep in repair the cottage, out houses, and farm house on the farm and to whitewash when necessary and from time to time to tar such woodwork and coverings of buildings as may require so to be treated and to do all carting of material at his own expense.

            iv.        To clean out and keep open and free and in working order all ditches, pipes, sewerages, drains, wells, springs, streams on the farm and to prevent streams from overflowing or being diverted so as to cause injury to adjoining occupants.

             v.        To use the farm for agricultural purpose only.

            vi.        Not to permit or suffer waste or spoil of any part of the farm nor to permit any encroachment and to use his best endeavours to prevent the acquisition of new rights of way or easements over any part of the farm.

           vii.        To farm cultivate manure and manage the farm in a good and husband like manner according to the most approved methods o cultivation, so as to keep the farm in good condition.

3.     The Lessor hereby covenants with the lessee:

              i.        To permit the lessee on his paying the rent hereby reserved and performing and observing the stipulations and provisions contained hereinabove, peaceably to hold and enjoy the farm and to enjoy its income, profits and crops during the term aforesaid without any interruption by the lessor or any person rightfully claiming under or in trust for him.

             ii.        To pay the property tax in respect of the farm.

            iii.        The lessee will have the option to renew the lease for a further period of …………….. years, provided he informs to the Lessor of his intention to do so before the expiry of his lease; provided that the rent for the extended term of lease will be Rs. …………….. per annum.

4.     It is hereby agreed and declared that the term “Lessor” and “Lessee” herein used shall unless inconsistent with the context or meaning thereof be deemed to include the heirs, executors, administrators and assigns of the respective parties.

5.     This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the lessee.

6.     The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the lessee.

7.     The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.

IN WITNESS WHEREOF, the lessor and the Lessee have put their respective hands on the original and duplicate thereof the day, month and year first hereinabove written.

The schedule above referred to

WITNESSES Signed and delivered by the within named Lessor ……

1.

2. Signed and delivered by the within named Lessee ……………..

Deed of Family Settlement between the Heirs of a Deceased

This Deed of Family Settlement is made at ……… on this ……….. day of ……… 2020, between the heirs of A namely (i) B, widow of A, (ii) C son of A, (iii) D daughter of A, (iv) E son of F, the predeceased second son of A, (v) G widow of the third son of A.

Whereas the said A died intestate at ………….. on ……….. leaving movable

and immovable assets, more particularly described in the Schedule hereunder written.

And Whereas differences and disputes have arisen amongst the legal heirs of said deceased A as to the respective share of the heirs.

And Whereas the parties hereto desire and have agreed that the disputes and differences between them should be resolved amicably between the parties and litigation amongst the family members should be avoided.

Now This Deed Witnesseth As Follows:

1. In pursuance of the said agreement and in consideration of the premises, the parties aforementioned have agreed that the estate of the deceased shall be distributed amongst the heirs of the deceased as under:

1.

2.

3.

4.

5.

6.

2. The parties hereby declare that they have taken the independent advice from their respective advocates and they know the true meaning and effect of this deed.

In Witness Whereof, the parties hereto have set and subscribed their hands to this writing the day and year first hereinabove written.

The Schedule above referred to

Particulars of movable and immovable assets left by A.

…………………….. A

…………………….. B

…………………….. C

…………………..D

…………………….. E

……………………. G

WITNESSES;

1.

2.