DEED OF GIFT

THIS DEED OF GIFT

made

this 27th day

of January

2006 BETWEEN SHAMSHAD MAHMOOD, son of Late Abul

Hassan aged about 39 years, by faith - Mohammedan, by
occupation - Business, residing at 8C, New Kasia Bagan Lane, P.
S. - Karya, Kolkata-700 017, hereinafter called the DONOR
(which expression shall unless excluded by or repugnant to the
context be deemed to include his heirs, executors, administrators
and representatives) of the ONE PART ;

A N D

ALTAF MAHMOOD, son of Late Abul Hassan aged about

35 years, by faith - Mohammedan, by occupation - Service,
residing at 8C, New Kasia Bagan Lane, P. S. - Karya, Kolkata-700

017, hereinafter called the

DONEE (which expression shall

unless excluded by or repugnant to the context be deemed to

include his heirs, executors, administrators, representatives and
assigns) of the SECOND PART
A N D

SHRI ASHOK KUMAR GUPTA, son of Late D.N. Gupta,

by faith - Hindu, by occupation - Business, residing at 1, Collin
Lane, P. S. - Taltolla, Kolkata-700 016, hereinafter referred to as
the

CONFIRMING PARTY (which expression shall unless

excluded by or repugnant to the context be deemed to include his

heirs, executors, administrators, representatives and assigns) of
the THIRD PARTY.

WHEREAS by a registered Deed of Conveyance dated June 12,

1998, presented for registration on July 13, 1998 and registered on
the same date in the

Office of Additional District Sub-Registrar,

Sealdah 24 Parganas South, the Donor and the Confirming Party

herein purchased all the piece and parcel of land measuring

(Two) Cottahs
building

4 (Four) Chittacks

tin shed

and

bamboo

together with
structures

old dilapidated

standing

thereon,

comprised in premises No.1, Dihi Entally Road and now known

and renumbered in the Calcutta Municipal Corporation Records as
65/1/1, Dr. Suresh Sarkar Road, Calcutta 700 014, P.S. Entally,
Ward No.55 of Calcutta Municipal Corporation and in the record of
the A.D.S.R. Sealdah
Being No.1693, for

in

Book No.I, Volume

No. 38, Pages

362,

the year 1998, hereinafter referred to as the

SAID PREMISES) more fully described in Schedule -1 hereto.

AND WHEREAS

consequent

to the

above

mentioned

purchase of the said premises the Donor and the Confirming

Party

after

having

mutated their

names

in

the records

of

Calcutta Municipal Corporation and paying taxes regularly.

AND WHEREAS

the Donor and the Confirming Party for

betterment of the said premises decided to Construct the present

ness

premises after demolishing old

structures

by way of

construction of a four storied (Ground + Three) building containing

self contained residential flat on each floor.

AND WHEREAS
joint

owners

the Donor and Confirming Party as

of the said

construction in the

premises

said premises

made

a building

lawful
plan for

and submitted it for sanction

with the Calcutta Municipal Corporation.

AND WHEREAS

as required under

the existing

Building

Rules framed under the Calcutta Municipal Corporation Act, for

sanction
had gifted

of the building plan submitted for sanction, the Vendor

the

required

area

of

land

comprised

in the said

Premises unto in favour of the Calcutta Municipal Corporation

and

in

consideration

of

compliance

and

meeting

with

all

formalities envisaged in the Building Rules framed under the said

Act, the Calcutta Municipal Corporation sanctioned the building
plan submitted by the Donee & Confirming Party for construction
of the four storied building (Ground + Three) in the said premises
being

Sanction Plan

Borough No.6 of

the

Building Permit

No.18

dated 19.7.99 of

Calcutta Municipal Corporation

with

the

period of validity till 18.07.2004 (hereinafter referred to as the SAID

PLAN).

AND WHEREAS

the DONOR

and

Confirming Party

undertook the construction of the new schedule building on the

Schedule land
strictly

to be

named

in terms of the said

Municipal Corporation

and known
Plan

as Symphony Court

sanctioned by

(hereinafter referred to

the

as

Calcutta

the

SAID

BUILDING), more fully described in Schedule I hereunder written.

AND WHEREAS

the DONOR was allotted the portion of ground floor

consisting of two rooms together with undivided proportionate share of

land of the said building as morefully described in Schedule II
hereinbelow.

AND WHEREAS the DONOR is the absolute owner of the two rooms
situated on the western portion of the ground floor of premises no.
65/1/1, Suresh Sarkar Road, Police Station Entally, Kolkata 700 014
comprising of covered area of 304 Square Feet facing Suresh Sarkar
Road, together with undivided proportionate share of land of the said
building with water connection through existing pipeline from
overhead tank hereinafter referred to as the said property.

AND WHEREAS the donor is desirous to give the said property to the
donee out of natural love and affection in favour of the donor who is
the donors youngest brother and has been living with the donor in a
joint mess since childhood.
NOW THIS INDENTURE WITNESSETH that in consideration
of natural love and affection of the DONOR for the DONEE, the
DONOR of his own free will and accord, and while in a sound state of
body and mind hereby grant and convey to the DONEE all that the
two rooms situated on the ground floor of Premises No. 65/1/1,
Suresh Sarkar Road comprising an covered area of land more or less
Three

Hundred

Four

Square

feet

together

with

undivided

proportionate share of land of the said building along with the water
connection from overhead tank being the said property more fully
described in the Schedule II hereto delineated with RED border in the
annexed plan lying and situated at Calcutta Municipal Premises no.
65/1/1, Dr. Suresh Sarkar Road, Police Station Entally, Kolkata
700 014 in Ward No.55,

under

the

jurisdiction of Calcutta

Municipal Corporation together will at the rights, easements and

appurtenances whatsoever to the said property belonging or in any
way appertaining and all the estate right, title and interest claim and
demand of the DONOR in, to or upon the said property TO HAVE AND

TO HOLD to the DONEE the said property hereby conveyed for his
sole use and benefit absolutely and unconditionally for ever as owner
and holder of an absolute and indefeasible estate ; And also for the
purpose of exercising all such and sundry rights of ownership as the
DONOR would be entitled to but for the execution of these presents
AND the DONOR hereby covenants with DONEE that notwithstanding
anything by the DONOR done or knowingly suffered the DONOR has
full power to convey and grant the said property hereby conveyed and
that it shall be lawful for the DONEE, at all these and from time to
time, hereafter to guilty enter into and upon and to hold and enjoy the
said property as a full and absolute owner and to receive the rent and
profiting thereof without any interruption or disturbance by the
DONOR on any person claiming through or the trust for his.

AND WHEREAS the DONEE has accepted the gift of the said property
by the DONOR.

THE SCHEDULE I REFERRED TO ABOVE

ALL

THAT

four

storied

hereditament and premises

brick

built

message

tenement

together with the piece and parcel of

revenue redeemed land there unto belonging whereon or on part

whereof the same is erected and built containing an area of about
2 (two) Cottahs 4 (Four) Chittacks be the same little more or less
situated and lying at Calcutta Municipal premises No.65/1/1, Dr.
Suresh Sarkar Road, Police Station Entally, Kolkakta 700 014, Ward
No.55 butted and bounded as follows :-

ON THE NORTH

By premises

no.66B, Dr. Suresh Sarkar

Road, Calcutta.

ON THE SOUTH

By Corporation Road known as Dehi Entally

Road Kolkata

ON THE EAST

By premises

no.3, Dihi Entally Road,

Calcutta, Presently numbered as 66B, Dr.

Suresh Sarkar Road, Calcutta.

ON THE WEST

By Corporation Road known as Dr. Suresh

Sarkar Road, Calcutta.

SCHEDULE II : REFERRED TO ABOVE

ALL THAT Western portion on the Ground floor measuring

total covered area of about 304 (Three hundred and four) Sq. ft. be
the same a little more or less consisting of two rooms therein
called the Schedule portion built in the ground floor in the
said

premises

and

of

the

said

building known as Symphony

Court and as per delineated with RED mark for Schedule portion
in the

annexed plan lying

Premises

and situated

at Calcutta

no. 65/1/1, Dr. Suresh Sarkar

Municipal

Road, Police

Station

Entally, Kolkata 700 014 in Ward No.55, under the jurisdiction of

Calcutta

Municipal Corporation

Schedule I herein

together

more fully

particularly

hereinafter

and

together

more fully

with

described

in

the

easement and

quasi-easement

described in the

Schedule III

with common right

over

the passage in the

ground floor, main entrance, stairs and landings, sewerage, drain

line, filter water line, pump motor, pump room overhead tank and
reservoir, electricity and communication lines of the said building
in common with the Vendors and other flat owners and occupiers
of the said building more fully and particularly described in the
Schedule

III

hereinafter

written

together

with

undivided

10

proportionate share of land of the said building. The schedule portion

is butted and bounded as follows :-

ON THE NORTH

By premises

no.66B, Dr. Suresh Sarkar

Road, Calcutta.

ON THE SOUTH

By Corporation Road known as Dehi Entally

Road Kolkata

ON THE EAST

By the portion of Shri Ashok Kumar Gupta

and staircase and landing.

ON THE WEST

By Corporation Road known as Dr. Suresh

Sarkar Road, Calcutta.

SCHEDULE III: REFERRED TO ABOVE

1.

The DONEE shall be entitled to all the following rights,

privileges

vertical and

lateral supports, quasi easements,

appertaining to the said schedule II or therewith usually

11

held occupied, enjoyed reputed or known at part and parcel

of

member thereof or appertaining thereto

which

are

hereinafter more fully specified.

2.

The right of access

in

common

with the

other

owners

occupiers and visitors of the said building at all times and for
all normal use and purpose connected with the use and
enjoyment of the said schedule portion.

3.

The DONEE shall

have

the

right

to modify

the window

grills, fit window or any other air-conditioners, fix personal

name

sign

boards and

change

the

internal

fittings,

decorations and fixtures in the schedule portion.

4.

The right

to

use

common

passage, lobby,

building including

at all

times

and for all purposes

landing stair-case

of

the

the said

entrance and exit from the said schedule

portion from the main entrance common with the other

owners occupiers the said building.

12

5.

The right of protecting of the said schedule portion by or from

all parts of the said building.

6.

The roof and the terrace of the said building and its rights
of use is the property of the other owners and the DONEE
shall not

have

any right or

claim there of

for use

and

enjoyment of access.

7.

The right of passage of electricity, water and soil from and

to the said

flat at all

times through pipes, drains

wires

sewerage and conduct lying or being under or over the said

building so

far as may be reasonably

necessary

for the

beneficial use of the done or other occupiers of the building

subject to compliance of statutory rules if any required.

8.

The right to fix individual letter box, name plates, T.V. antenna
and

cable,

electric

meter

and

connection

wires,

communication lines in the common areas usually reserved

for such facilities.

13

9.

The right to use the common bathroom and privy situated in

the ground floor and water from the overhead tank.

10.

The right to use in common with the other owners having

such right

over the

common

part or parts

of the said

building shall include installation for common purpose and use

or providing service

common to all, stair case open and

covered spaces, electrical installation and passages.

11.

The right

to have CESC meter installed in the meter board

housing meters of other owners of the building and draw line

through the common areas like the other owners of the
building.

SCHEDULE IV : REFERRED TO ABOVE

The common areas and the common parts mentioned in this

Indenture :
1.

Stair-case on all the floors.

2.

Stair case landing on all floors.

14

3.

Common passage and lobby on the ground floor to top floor.

4.

Water pump room overhead water, reservoir, water pipes and

other common plumbing installations.

5.

Electrical wiring meters (excluding those are installed for any

particular flat) and other common electrical installations.

6.

GENERAL COMMON ELEMENTS of all appurtenances and

facilities and other items which are not part of the schedule
flat.

a)

All land and premises described in the Schedule herein

above described in the Schedule I herein above written whether

improved or unimproved.

b)

All common space in the ground floor of the said

premises.

15

c)

Exterior conducts, utility lines, underground storage

tanks.

d)

Public connection meters, gas, electricity, telephones

and water owned by public utility or other agencies providing

such services and located outside the complex.

e)

Exterior lighting and other facilities necessary to the

upkeep and safety of the said building.

f)

All elevations including shafts, shaft, machine rooms

and apartments, facilities.

g)

All

other

facilities

or

other

elements

or

any

improvement.

h)

The

foundation

footings,

columns

girders,

beams,

supports, exterior walls of the compel beyond the said

Schedule portion, side or interior load bearing walls, within the
complex or concrete floor slabs and all concrete ceilings and

16

all staircase and landings in the said building, except

roof/terrace of the building.

IN WITNESS WHEREOF the parties above named have on the day

month and year above written have set and subscribed their respective
hands and seal.

SIGNED, SEALED & DELIVERED at

Kolkata in the presence of :
1.
SIGNATURE OF THE DONER
2.

SIGNATURE OF THE DONEE

SIGNATURE OF THE
CONFIRMING PARTY

Drafted By:-

17

Radha Rani Roy

Advocate.