Lease deed Draft
Lease deed Draft
THIS LEASE DEED made and executed at Pune on this ________ day of
__________ in the Christian Year Two Thousand Twenty Two.
BETWEEN
AND
Kothrud,Pune-411038
PAN Card no :
Kothrud,Pune-411038
PAN Card no :
Hereinafter called and referred to as the
“LESSEE/S” (which expression shall unless it be repugnant to the context of
meaning thereof be deemed to mean and include the Lessee/s
himself/themselves, his/her/their heirs, executors, administrators and assigns)
OF THE OTHER PART;
WHEREAS the present Lessor became the owner of the GAT No. 1155 by virtue
of sale deed dated 1/6/2004 which is registered at Sub-Registrar Haveli at Serial
No. 3003/2004.
AND WHEREAS the Lessor herein is well and sufficiently entitled to all that piece
and parcel of land bearing GAT NO. 1155 totally admeasuring 135000 sq,mts
lying, being and situated at Village Lawale, tal – Mulshi, Dist. – Pune, within the
Registration Sub-District of Taluka Mulshi, within the local limits of Lawale
Grampanchayat, Taluka Panchayat samiti Mulshi, hereinafter for the sake of
brevity and convenience called and referred to as “the said property” and which
is more particularly described in the First Schedule hereunder written.
AND WHEREAS the Assistant Director, Town Planning, Pune – 411030 has
approved plinth layout plan consisting inter-alia of plinths, area under internal
roads, open spaces etc. in respect of the said property vide no.
REKHANKAN/NABPGAT NO. 1155 (P) / Lawale TAL – MULSHI/Godown/SSP/ 2068
Dt. 3/12/2002 revised again 24/1/2004 as per the terms and conditions
mentioned therein.
AND WHEREAS the collectorate, Revenue Department, Pune has permitted non-
agricultural Commercial use of the said property vide Order dated 20/01/2003
bearing No. PNA/SR/160/III/2002, and order dated 6/10/2007 bearing number
PMA/NA/SR/1/2004 upon the terms and conditions set out therein.
AND WHEREAS the Promoter Mr. Rahul Rasiklal Nahar has developed survey no.
1155 and after the due sanctioned has allotted / sold plinth / FAR to several
purchasers and has given allotment letters etc. to these purchasers after taking
the due consideration amount.
AND WHEREAS the Lessees herein have paid the said entire consideration
amount of Rs. 1,00,000/- ( Rupees One Lakh Only ) to the Promoters vide
cheque dated 30th Sept 2003 bearing no. 819382 drawn on ICICI bank Shivaji
Nagar Branch.
AND WHEREAS the said Promoter Mr. Rahul Rasiklal Nahar has acknowledged
the receipt of the said entire consideration amount and accordingly the Lessees
herein were given possession of the said Plot K 1 immediately upon execution
of the said agreement to sale and also share certificates were issued to them.
(a) All the piece and parcel of the portion of land totally admeasuring 250.8
sq.mtrs i.e. 2700 sq. fts. Out of the said property described in the First
Schedule hereinbelow written comprising of and identified Plinth No. K-1,
along with the portion of land surrounding the said plinth, hereinafter for
the sake of brevity and convenience jointly and collectively called and
referred to as “the demised premises” and which are more particularly
described in the Second Schedule hereunder written.
(b) A perpetual lease of the demised premises at or for the premium of Rs.
1/-/- (Rupees One only) and annual rent of Rs. 1/- (Rupees One Only) on
the terms and conditions hereinafter appearing.
(a) To pay the said rent hereby reserved on the day and in the manner
aforesaid.
(b) To bear, pay and discharge the rate, taxes and assessment, duties,
cess, impositions, outgoings and burdens whatsoever (other than the
land revenue payable to the Government of Maharashtra) from the
date of execution of these presents which may from time to time
during the term hereby created be imposed or charged upon the
demised premises and to keep the Lessor and its estate and effects
indemnified against all such payment.
(a) The Lessor have in themselves good right, full power and absolute
authority to demise unto the Lessee the demised premises in the
manner herein appearing.
(b) That on the Lessee paying the said annual lease rent on the due dates
thereof and in the manner herein provided and observing and
performing the covenants, conditions and stipulations herein
contained and on his part to be observed and performed, the Lessee
shall and may peaceably and quietly hold, possess and enjoy the
demised premises in perpetually without any eviction, interruption,
disturbance, claim and demand whatsoever by the Lessor or any
person or persons lawfully or equitably claiming by, from under or in
trust for it.
5) The Lessor has granted lease of the said demised premises on the
following express conditions :
a) If the Lessee fails to bear, pay and discharge duties, cess. impositions,
outgoings and burdens whatsoever (other than the land revenue
payable to the Government of Maharashtra) which may at any time
or from time to time be imposed or charged upon the demised
premises if, as a result of such failure on the part of the Lessee, any
such arrears are demanded by the Government, Municipal or other
Public Body or Authority from the Lessors, then in any of such events
it shall be lawfully for the Lessor hereafter to enter into and upon the
demised premises and thereupon this demise shall absolutely
determine but without prejudice to the right to action of the Lessee
in respect of any breach of any of the covenants by the Lessee herein
contained.
b) Save and except the right to use the internal roads of the said layout/
complex as means of access (from any public road) to the demised
premises and the right to use and enjoy, jointly with other
prospective members/members of the Lessor, such parts or portions
of the said property and such facilities therein which the Lessor may
declare to be common areas and facilities of the said layout, the
Lessee shall not have or claim any right, title, interest in any part of
the said property and all residual and future benefits thereof or
therein shall always vest in and be held by the Lessor. The Lessor shall
use the road as on approach to their demised premises and cannot
transfer the rights of approach road to any other person.
d) The Lessor has expressly reserved the right to amend, modify, extend
and add to the said layout as well get the N.A. Order revised and the
Lessee shall not be entitled to take any objection to any such
amendment, modification, extension or addition.
e) The Lessee/s shall have the right to transfer & assign all his Leasehold
rights, title & interests in said demised premises to any prospective
purchaser subject to terms and conditions of this lease deed & the
Lessor shall have no objection for the same. And the Lessor shall not
charge any amount to the prospective purchaser.
6) It is hereby agreed that subject to the terms of this deed the Lessee/s
shall observe and perform and comply with all terms and conditions,
stipulations, restrictions, if any, which have been or which may be
imposed by local authority at the time of sanctioning of the plans and
grant of N.A. permission or at any time thereafter.
7) All the assurance and promises made by the Lessor to the Lessee
regarding development of the project on the said property have been
completed and the same has been verified by the Lessee, and Lessee
having been satisfied completely and further Lessee hereby declared that
he/she/they shall not raise any objection of whatsoever nature at any
time.
8) Before execution of this Lease Deed of the said demised premises the
Lessee/s has satisfied himself about the location and correctness of the
area of the said demised premises. Henceforth the Lessee/s shall not be
entitled to make any complaint thereof and all the rights regarding the
same shall be deemed to have been waived. It is further agreed between
the parties hereto that, after execution of this Lease Deed of the said
demised premises by the Lessee/s in pursuance of this clause, the
Lessee/s herein shall not be entitled to raise any objection regarding
location, area, shape, dimension of the said demised premises or to
demand any amount under any head or on whatsoever ground from the
Lessor herein.
9) The Lessee/s herein is well aware that, the ownership of internal roads in
the layout is and approach road will always remain with the Lessor only
and the Lessee/s has only right of access to the said demised premises
from internal roads and approach road. The Lessor may, at his discretion,
hand over the possession of the internal roads to any third person or to
the concerned local authority or acquiring authority and to receive
consideration or compensation in terms of money or in any other kind
including floating FSI, TDR prescribed in prevailing rules and regulations
at the time of such acquisition. (No separate consent or permission of the
Lessee/s is required).
10) In future if the FSI of the internal roads is available it will be of Lessor's
ownership & he/they shall have right to use it. The maintenance of the
internal roads & approach road will be done by all the Lessee/s only.
11) It is specifically agreed and understood by the Lessee/s that the internal
roads to be provided by the Lessor is for the betterment and for the
smooth mobility in the said property and the layout of the said internal
road shall be change by the Lessor if required and further the Lessor may
plan to have an additional roads for the better interest and mobility in
the said entire land in such case the Lessee/s herein shall not take any
objection whatsoever to the said act of the Lessor and shall co-operate
and extend his/her/their assistance for the same.
12) The Lessee/s hereby agrees not to use the said demised premises and the
construction thereon for any unlawful activities and indemnifies the
Owner/Lessor from any consequences of any unlawful use of the said
demised premises. This condition is precedent for the allotment of the
leasehold rights in respect of the said demised premises to Lessee/s
herein. By executing this Deed the Lessee's herein undertakes to abide
the aforesaid conditions and further also indemnify that they shall not
use the said demise premises for any other use except as specified by the
authority while sanctioning the layout and Grant of N. A. permission,
these conditions shall be binding upon the Lessee and also upon
successors of the Lessee/s herein to the aforesaid demised premises.
13) The Collector, Pune have permitted the Non Agriculture commercial use
of the said property vide N. A. order dated 20/01/2003 bearing No.
PNA/SR/160/III/2002 and order dated 6/10/2007 bearing number
PMA/NA/SR/1/2004 upon the terms and conditions set out therein and
the same has been verified by the Lessee herein.
14) The Lessee hereby agree not to sell or dispose of any earth, gravel or
sand from under the said demised premises and not to excavate the said
demised premises except as far as may be necessary for the execution of
construction work.
15) The Lessee hereby agrees not to use internal road for dumping
construction material and not to use water for construction purpose.
Lessee/s shall make his own arrangement of water for construction
purpose.
16) The Lessor has not undertaken any responsibility nor has agreed anything
with the Lessee/s orally or otherwise and there is no implied agreement
or covenant on the part of the Lessor other than the terms and
conditions expressly provided under this agreement only.
17) The Lessee/s is hereby prohibited from raising any objection in the
matter of allotment/sale of demised premises, open spaces, amenity
spaces (if any), internal road, approach road, etc. by the Lessor on the
ground of nuisance, annoyance or inconvenience.
18) The stamp duty and registration charges payable on these present and in
respect of all the documents executed pursuant hereto shall be borne
and paid by the Lessee only.
All that piece and parcel of land bearing Gat. No. 1155 admeasuring
135000 sq.mts, lying, being and situated at Village Lawale, Tal- Mulshi,
Dist - Pune, within the Registration Sub -District of Taluka Mulshi, within
the local limits of Lawale Grampanchayat,Taluka Panchayat Samiti
Mulshi, and which is bounded as follows:
1. ___________________
2. ___________________