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Assignment Deed

This document is a deed of assignment transferring ownership of a plot of land and building from two individuals and a partnership firm to a housing cooperative society. The document details the history of ownership and construction of the building on the land and assigns all rights and interests in the land, building and housing shares to the cooperative society.

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0% found this document useful (0 votes)
66 views

Assignment Deed

This document is a deed of assignment transferring ownership of a plot of land and building from two individuals and a partnership firm to a housing cooperative society. The document details the history of ownership and construction of the building on the land and assigns all rights and interests in the land, building and housing shares to the cooperative society.

Uploaded by

padave_pradeep
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 10

DEED OF ASSIGNMENT

This Deed of Assignment made at Mumbai this___day of


___________ in the Christian Year 2003 Between 1) Shri
Kishorilal Ruia , adult, residing at Sati Darshan Building,
4th floor, Flat No. 41 & 42, 95 Amarshi Road,
Malad(West), Mumbai-400064 and 2) Shri Chandra
Prakash Radhakrishna Ruia, adult, residing at Trimurti
Building, 11th floor, Flat No. 113, Jakaria Road,
Malad(West), Mumbai-400064 hereinafter collectively
referred to as “the Assignors” (which expression shall
unless repugnant to the context or meaning thereof mean
and include their respective heirs, executors,
administrators and assigns) of the First Part.
AND
M/s SAIKRIPA ENTERPRISE, a partnership firm
carrying on business of construction and civil contractors
at 30 J.B. Nagar, Andheri(East), Mumbai-400059
hereinafter referred to as “the Builders/Confirming
Party” (which expression shall unless repugnant to the
context or meaning thereof mean and include the partners
2

for the time being of the said firm and their respective
heirs, executors, administrators and assigns) of the
Second Part.

AND
SHRI SATYA SAI DEEP CO-OPERATIVE HOUSING
SOCIETY LIMITED, a housing society registered under
the Maharashtra Co-operative Societies Act, 1960 under
registration no. BOM/WKE/HSG/TC/6159/of 1992-93
having its registered office at Plot No.30, J.B. Nagar,
Andheri(East), Mumbai-400 059 hereinafter referred to
as “the Assignee” (which expression shall unless
repugnant to the context or meaning thereof mean and
include its successors or assigns) of the Third Part.

WHEREAS:
a) By Indenture dated 14th May, 1963 between Shri
Rajasthan Co-operative Housing Society Limited
(therein referred to as “the Landlords”) of the one
part and 1) Shri Kishorilal Ruia and 2) Shri
Radhakrishna Ruia (therein referred to as “the
Tenant”) of the other part and registered at the
Sub-Registrar of Bandra on 14th May, 1963 under
serial no. 1182, the Landlords therein have
demised in perpetuity to the Tenants therein all
that piece or parcel of land admeasuring 710 sq.
yards equivalent to 593.86 sq. mtrs. and 628.5 sq.
mtrs. as per the property registered card situated at
Andheri-Kurla Road of Village-
Kondivatta(Andheri) in the registration district of
Mumbai Suburban being old Plot No. 20 (new Plot
3

No. 30) in the Scheme of Shri Rajasthan Co-


operative Housing Society Limited more
particularly described in the First Schedule
hereunder written (hereinafter called “the said
land”) on the covenants, terms and conditions
therein mentioned.
b) Shri Rajasthan Co-operative Housing Society
Limited has issued to Kishorilal Ruia and
Radhakrishna Ruia five shares each bearing
distinctive numbers 81-85 and 86-90 comprised in
the share certificate No. 95 and share certificate
No. 96 (hereinafter collectively referred to as “the
said shares”) respectively.
c) Shri Rajasthan Co-operative Housing Society
Limited has transferred the five shares bearing
distinctive numbers 86-90 comprised in the share
certificate No. 96 to Shri Chandra Prakash
Radhakrishna Ruia, son of Shri Radhakrishna Ruia
on 11.05.1980.
d) In consideration of the premises, the Assignors
herein are the members of Shri Rajasthan Co-
operative Housing Society Limited and are entitled
to assign their rights, title and interests in the said
land and the said shares to and in favour of the
Assignee.
e) By Agreement dated 29th April, 1982 executed
between the Assignors herein (therein referred to
as the Owners) on the one hand and the
Builders/Confirming Party on the other hand, the
Builders/Confirming Party have agreed to
purchase and the Owners therein have agreed to
4

assign to the Builders/Confirming Party their


leasehold rights in old Plot No. 20(new Plot
No.30) admeasuring 710 sq. yards equivalent to
593.86 sq. mtrs. and 628.5 sq. mtrs. as per the
property registered card situated at Andheri-Kurla
Road of Village-Kondivatta, Taluka-Andheri in the
registration district of Mumbai Suburban.
f) The Builders/Confirming Party have under the said
Agreement dated 29th April, 1982 acquired rights
to construct building or buildings containing self-
contained flats and/or
garage/shops/godowns/parking spaces and also to
sell or dispose of the said
flats/garage/shops/godowns/parking spaces to the
intending purchasers.
g) The Builders/Confirming Party have constructed
the building known as Sai Deep Apartments
comprising ground plus four upper floors with 4
stilt parking space and 2 covered garages on the
said land (hereinafter referred to as “the said
building”) in accordance with the plans approved
by Brihan Mumbai Municipal Corporation.
h) The Builders/Confirming Party have sold all the
flats, stilt parking space and covered garages in the
said building and the list of all the flat purchasers
is annexed herewith and marked “Annexure A”.
i) The Brihan Mumbai Municipal Corporation has
vide its letter no. CE/8431/BS II/AK dated 9 th
January, 1986 issued the Completion Certificate
with respect to the said building, copy whereof is
annexed hereto and marked “Annexure B”.
5

j) The flat purchasers of the said building have joined


together and formed and registered Shri Satya Sai
Deep Co-operative Housing Society Limited under
the provisions of Maharashtra Co-operative
Societies Act, 1960 bearing registration no.
BOM/WKE/HSG/TC/6159/of 1992-93 dated
01.02.1993, copy whereof is annexed hereto and
marked “Annexure C”.
k) Shri Rajasthan Co-operative Housing Society
Limited has by letter No. Raj/11/89-90 dated
22.08.89 given its no objection to the Assignors
with respect to assignment of the said land to Shri
Satya Sai Deep Co-operative Housing Society
Limited, the Assignee herein.
l) The Assignors and the Builders/Confirming Party
hereby assign and transfer the said land and the
said shares and convey the said building to and in
favour of the Assignee in the manner hereinafter
appearing.

NOW THIS DEED WITNESSETH in pursuance of


the said agreement and in consideration of the
aggregate sum of Rs 23,02,700/- (Rupees Twenty
three lacs two thousand seven hundred only) paid to
the Builders/Confirming Party by all the flat
purchasers prior to execution of these presents (the
payment and receipt whereof the Builders/Confirming
Party do hereby admit and acknowledge and of and
from the same and every part thereof do for ever
release and discharge the Assignee), the Assignors
and the Builders/Confirming Party do hereby grant,
6

transfer and assign unto the Assignee the lease in


perpetuity of all that piece or parcel of land being old
Plot No. 20(new Plot No. 30) bearing Survey No. 284,
Hissa Sheet No. 23(part) corresponding to C.T.S. No.
284 admeasuring about 710 sq. yards equivalent to
593.86 sq. mtrs. and 628.5 sq. mtrs. as per the
property registered card situated on Andheri Kurla
Road of Village-Kondivata, Taluka-Andheri in the
registration district of Mumbai Suburban in the
scheme of Shri Rajasthan Co-op. Housing Society
Limited more particularly described in the First
Schedule hereunder written and the said shares AND
FURTHER DO HEREBY convey, release, transfer
and assure unto the Assignee for ever all that the said
building more particularly described in the Second
Schedule hereunder written (the said land and the said
building together hereinafter called “the said
premises”) TO HAVE AND TO HOLD the said
premises and the said shares hereby assigned, granted,
transferred, released, conveyed and assured or
intended so to be to and to the use and benefit of the
Assignee absolutely for ever subject to the payment of
proportionate share of taxes, assessments, duties,
cesses or charges payable to Shri Rajasthan Co-
operative Housing Society Ltd, Brihan Mumbai
Municipal Corporation, Government of Maharashtra,
Local Authority or any other public body or authority
in respect thereof from the date hereof AND The
Assignors and the Builders/Confirming Party do
hereby further covenant with the Assignee that
notwithstanding any act, deed , matter or thing
7

whatsoever by the Assignors or by any person or


persons lawfully or equitably claiming by, from,
through, under or in trust for it made, done,
committed, omitted or knowingly or willingly
suffered to the contrary, the Assignors and the
Builders/Confirming Party now have in themselves
good right, full power and absolute authority to grant,
assign, release, convey, transfer and assure the said
premises hereby granted, released, assigned, assured
or intended so to be unto and to the use of the
Assignee in the manner aforesaid AND that it shall be
lawful for the Assignee from time to time and at all
times hereafter peaceably and quietly hold, enter
upon, have, occupy, possess and enjoy the said
premises hereby granted and transferred with their
appurtenances and receive the rents and profits thereof
and of every part thereof to and for its own use and
benefit without any suit, lawful eviction, interruption,
claim and demand whatsoever from or by the
Assignors and the Builders/Confirming Party or by
any person or persons lawfully or equitably claiming
by, from, under or in trust for them AND that free and
clear and freely and clearly and absolutely exonerated,
released and forever discharged or otherwise by the
Assignors well and sufficiently saved, defended, kept
harmless and indemnified of, from and against all
former and other estates, title, charges and
encumbrances whatsoever either already or to be
hereafter made, executed, occasioned or suffered by
the Assignors or by any other person or persons
lawfully or equitably claiming or to claim by, from,
8

under or in trust for it AND FURTHER THAT the


Assignors and the Builders/Confirming Party shall
and will from time to time and at all times hereafter at
the request and cost of the Assignee do and execute or
cause to be done and executed all such further and
other lawful and reasonable acts, deeds, things,
matters, conveyances and assurances in law
whatsoever for the better, further and more perfectly
and absolutely granting, conveying, transferring, and
assuring the said premises hereby conveyed and
transferred unto and to the use of the Assignee in the
manner aforesaid as shall or may be reasonably
required by the Assignee or their counsel in law AND
the Assignors and the Builders/Confirming Party DO
HEREBY COVENANT with the Assignee that the
Assignors and the Builders/Confirming Party have not
done, omitted or knowingly or willingly suffered or
been party or privy to any act, deed, matter or thing
whereby they are prevented from granting,
transferring, assigning, conveying and releasing the
said premises unto the Assignee in the manner
aforesaid or whereby the same or any part thereof are,
is, can or may be charged, encumbered or
prejudicially affected in estate, title or otherwise
howsoever.

IN WITNESS WHEREOF the parties hereto have


hereunto set and subscribed their respective hands the
day and the year first hereinabove written.
9

THE FIRST SCHEDULE ABOVE REFFERED TO


All that piece or parcel of land being old Plot No. 20(new
Plot No. 30) bearing Survey No. 284, Hissa Sheet No.
23(part) admeasuring about 710 sq. yards equivalent to
593.86 sq. mtrs. and 628.5 sq. mtrs. as per the property
registered card situated on Andheri Kurla Road of
Village-Kondivata, Taluka-Andheri in the registration
district of Mumbai Suburban in the scheme of Shri
Rajasthan Co-op. Housing Society Limited and bounded
as follows:
On or towards North By 33 feet Road
On or towards South By Plot No. 19
On or towards East By 33 feet Road
On or towards West By Plot Nos. 19A & 20A

THE SECOND SCHEDULE ABOVE REFERRED


TO
All that the ground plus stilt plus 4 upper floors
comprised in the said building admeasuring 5740 sq. ft.
carpet area.

SIGNED AND DELIVERED by the


withinnamed Assignors,
1) Shri Kishorilal Ruia and
2) Shri Chandra Prakash Radhakrishna Ruia
in the presence of
1.

2.
10

SIGNED, SEALED AND DELIVERED


by the withinnamed Builders/Confirming Party,
M/s Saikripa Enterprise through its partners,
1) Shri Kishorilal Ruia and
2) Shri Chandra Prakash Radhakrishna Ruia
in the presence of
1.

2.

The common seal of the withinnamed


Assignee, Shri Satya Sai Deep
Co-operative Housing Society Limited is
hereto affixed pursuant to the resolution
of the Managing Committee dated_______
in the presence of
1._________________Chairman
2._________________Secretary
3._________________Member of the M.C.
duly authorised in that behalf who in token
thereof have put their hands in the presence of
1.

2.

C:\RAGHAVAN\Assignment Deed\Sai Deep Co-operative Hsg Soc Ltd.doc

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