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 2 (Two) Cottahs 4 (Four) Chittacks together with

old dilapidated building tin shed and bamboo structures

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

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and in the record of the A.D.S.R. Sealdah in Book No.I, Volume

No. 38, Pages 362, Being No.1693, for 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 the Donor and Confirming Party as lawful

joint owners of the said premises made a building plan for

construction in the said premises 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 of the building plan submitted for sanction, the Vendor

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had gifted 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 Building Permit No.18 dated

19.7.99 of Borough No.6 of the 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 to be named and known as “Symphony Court”

strictly in terms of the said Plan sanctioned by the Calcutta

Municipal Corporation (hereinafter referred to as 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.

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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 donor’s 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,

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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.

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THE SCHEDULE –I REFERRED TO ABOVE

ALL THAT four storied brick built message tenement

hereditament and premises 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

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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 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 more fully described

in the Schedule I herein together with easement and quasi-

easement more fully and particularly described in the Schedule –

III hereinafter together 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 proportionate share of land of the said building. The

schedule portion is butted and bounded as follows :-

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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

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

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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 at all times and for all purposes the

common passage, lobby, landing stair-case of the said

building including entrance and exit from the said

schedule portion from the main entrance common with

the other owners occupiers the said building.

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

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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.

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.

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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.

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.

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b) All common space in the ground floor of the said

premises.

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

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and 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:-

Radha Rani Roy Advocate.

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