Sale of Debutter Property
THIS DEED OF SALE made this ………… day of ………… BETWEEN ………… deity
consecrated and established at premises No. ………… Calcutta, hereinafter referred to as the
SAID DEITY represented by its SHEBAIT of the first part ……………… son of ………… by
religion Hindu …………… by occupation ………… residing at No. …………… and C.D. …………
son of ………… by religion Hindu, by occupation ……………… residing at ………………
hereinafter referred to as the PURCHASER which expression shall where the subject or context
allows or admits of be deemed to include his heirs, executors, administrators, representatives and
assigns of the second part.
WHEREAS ……………………………… (name) is at present SHEBAIT of the DEITY and so is
fully in charge of and management and administration of the estate of the DEITY which consist of
inter alia properties mentioned and described in SCHEDULE “A”.
AND WHEREAS the temple that is place of worship of the DEITY is located at premises No.
………… which is now lying in a most dilapidated condition for want of necessary repairs and
maintenance for a long time.
AND WHEREAS the income of the estate of the DEITY that is the rent which is collected from
other property belonging to the DEITY is hardly a sum of Rs. ……… per month that is Rs.
………… per year out of which the following disbursements are to be made, viz.
(a) Amount paid to the priest for performance for daily Seva and Puja of the DEITY at the
rate of Rs. ……… per month that is Rs. ………… per year.
(b) Amount paid to the milkman for supply of milk to the DEITY at the rate of Rs. …………
per month that is Rs. ………… for the year.
(c) Amount paid to the maid-servant for the cleaning of the temple of the DEITY and
utensils Rs. ………… per month that is Rs. ……… per year.
(d) Amount paid as costs of fruits and sweets of the DEITY every day Rs. ……… per
month that is Rs. ………… per year.
(e) Amount spent for kerosene oil for one Hurricane lamp kept burning at night at the
temple of the deity Rs. ………… per month, i.e. Rs. ……… per year.
(f) Miscellaneous and contingent expenses Rs. ………… per year.
(g) Taxes payable to the Municipality per quarter Rs. ………… that is Rs. ………… per
year. Total Rs. ……… per year.
AND WHEREAS in the circumstances there is no such surplus income nor any reserve fund
for the maintenance and repair of the temple and for essential services to the DEITY AND
WHEREAS the said temple which is out of repair for a long time is liable to collapse before the
ensuing monsoon unless urgent repairs are immediately executed the costs whereof are
estimated at a sum of Rs. …………… AND WHEREAS the estate of the DEITY having no funds
to carry out repairs the party of the second part contracted for sale of the property namely the
vacant land at premises No. ………… yielding no income fully mentioned and described in the
schedule below at and for a sum of Rs. ……… which offer is the highest among others he
received after advertisement in newspapers on two occasions AND WHEREAS the said
PURCHASER is also satisfied about the bona fides of such sale and has agreed to purchase
same at the price of Rs. ………… to be paid to the party of the first part immediately on execution
of the conveyance and to contribute a further sum of Rs. ………… per month towards cost of
Seva and Puja in perpetuity.
NOW THIS DEED OF SALE witnesses that in the circumstances aforesaid and for legal
necessities and justifying causes SHEBAIT as representing the said DEITY and in exercises of
all powers, authorities and liberties vested in him as such SHEBAIT do hereby and hereunder
grant, convey, transfer, assign, and assure unto the other party of the third part the property fully
mentioned and described in Schedule “B” hereto free from all charges for the performance of
everyday Puja and periodical festivals of the DEITY but subject to the contribution of the sum of
Rs. …………… per month in perpetuity on that account. AND THAT the party of the first part do
hereby covenant and agree with the party of the second part that the said property is free from
encumbrances except the charge for the maintenance and Seva and Puja of the DEITY which is
hereby extinguished and that the same is not otherwise prejudiced in title or estate and that the
party of the first part has not done executed or performed anything whereby he is hindered or
prevented from granting and/or conveying the same in the manner hereinbefore indicated.
Schedule above referred to
SCHEDULE “A”
List of properties belonging to the deity.
SCHEDULE “B”
Description of property sold under this Deed of Sale.
IN WITNESS WHEREOF the parties have executed this Deed of Sale on the day, month and
year first above-written.
Signed, sealed and delivered by the
within-mentioned AB the SHEBAIT
as representing the DEITY in the
presence of:
Signed, sealed and delivered by
the within-mentioned CD, the
PURCHASER in the presence of:
* * * * *
Lease of Debutter Property
THIS DEED OF LEASE is made this 5th day of February 1999 BETWEEN Shree
……………………, Deity, represented by …………… of ……………… ………………… the shebait
(hereinafter referred to as the LESSOR) of the one part and Messrs. ………………………, a
company registered under the Companies Act 1956 and having its registered office at
……………… ……………… (hereinafter referred to as the LESSEE) of the other part.
WHEREAS by a Deed dated …………………… Sri ……………… dedicated, inter alia, his
immovable property at …………………………………… to the DEITY absolutely and for ever and
the said …………… is the shebait and carries on the Seva Puja of the said deity and the
management and administration of the said debutter property.
AND WHEREAS the income from debutter property became inadequate due to inflation to
carry out the Seva Puja of the said deity and maintenance of the debutter property with the
income thereof and there was urgent legal necessity for augmentation of the existing income and
it was thought fit that a portion of building now used for residence of the shebait could be leased
out and the rent from the said leased out portion of debutter property could sufficiently augment
the income of the said deity.
AND WHEREAS the said shebait representing the said deity made an application to the
Hon’ble High Court at Calcutta for permission to lease out for legal necessity 3 rooms on the
ground floor used as residential quarters of the shebait but forming a part of the debutter property
at the premises …………………………… and after hearing the persons interested and after
consideration of income and expenditure for the Seva Puja of the deity and maintenance of the
debutter property the Hon’ble High Court at ……………… was pleased to sanction by an Order
dated ………………. The granting of lease for a period of 5 years at a time renewable every 5
years subject to a minimum monthly lease rent of Rs. 3,000 which should be enhanced by 20%
every 5 years.
AND WHEREAS THE LESSEE has made searches and inspected all relevant documents,
court records including the certified copy of the said Order of the Hon’ble High Court at
…………… passed on …………………… and has satisfied himself with the authority and power
of the LESSOR to grant the lease of the said 3 rooms of the debutter property (hereinafter
referred to as the said PREMISES) and the validity of the present Deed of Lease and agreed to
take on lease the said PREMISES at a monthly rent of Rs. 3,000 to be enhanced by 20% every 5
years for a period of 5 years in the first instance and thereafter renewable for 5 years at a time.
AND WHEREAS the LESSEE agrees that the shebait does not give any warranty as to his
power or authority to grant the said lease save and except that the said dedication of the property
to the said deity and Order of the Hon’ble Court and that up till now there is nobody else claiming
to be the shebait of the said deity or the Manager of the said debutter property.
NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:
1. In pursuance of the said Order of the Hon’ble High Court at ………… and in consideration
of the rent hereby reserved and on the terms, conditions, covenants and agreements herein
contained and on the part of the LESSEE to be observed and performed the LESSOR doth
hereby demise unto the LESSEE all that the said 3 rooms each measuring 120 sq. ft. situated on
the ground floor of the premises No. …………………………… facing East having frontage on 30
ft. wide ………………… to hold the said PREMISES unto the LESSEE for a term of 5 years with
option to renew for 5 years at a time on an enhanced lease rent of 20% commencing from the
date of execution of these presents but subject to earlier determination as mentioned hereinafter.
2. The LESSOR shall pay by way of lease rent a sum of Rs. 3,000 per month payable in
advance by the 10th of each month.
3. The LESSEE shall deposit Rs. 3,00,000 by way of security money free of interest which
security money will be refunded on the LESSEE giving vacant possession of the said premises to
the LESSOR.
4. The LESSEE shall give notice 13 months before the expiry of lease as to whether it intends to renew the lease
for another 5 years.
5. The LESSEE shall pay all present and future municipal rates, taxes, duties and levies and
other outgoings, statutory or otherwise payable to Municipality or other authorities in respect of
said leased out premises.
6. The LESSEE shall keep the leased-out premises in good and tenantable repairs but shall
not carry out any additions or alterations or structural changes without the written consent of the
LESSOR.
7. Within one month of the LESSEE getting possession of the said PREMISES, the LESSEE
shall start the repairs or renovation of the said leased-out premises and paint the outside of the
entire building used by the said shebait including the leased-out premises.
8. The LESSEE shall not use the said PREMISES for any unlawful purpose or bring into the
PREMISES any inflammable or hazardous article, thing or goods or store them there.
9. The LESSEE shall use the said PREMISES only for the purposes of carrying on its
business and in doing so undertakes not to create any nuisance or undue annoyance to the
neighbours.
10. The LESSEE shall not sub-lease or grant any leave or licence to any person, firm or
company or create any charge or mortgage over the said PREMISES without the prior written
consent of the LESSOR.
11. The LESSEE shall make arrangements for separate Meters for water, electricity and gas
as it may require at its own cost and the LESSOR would give the consent for such installation of
Meters or connection for electricity or gas.
12. If the LESSEE makes any default in payment of lease rent for two months or commits any
breach of any of the terms or conditions contained herein the LESSOR shall have the liberty to
terminate the lease and to re-enter the said premises.
13. The LESSEE agrees and on enquiry has been satisfied that all necessary sanctions and
permissions have been obtained, all formalities have been observed for the purposes of granting
the lease and that the LESSOR shall have no liability or responsibility as to the validity or
otherwise if questioned of the present demise.
14. The LESSEE agrees and undertakes to bear and pay the requisite stamp duty and
registration charges and other legal and miscellaneous expenses in respect of present Deed of
Lease.
IN WITNESS WHEREOF the parties have executed these presents on the day, month and
year first above-written.
Signed and delivered by Sri ……… ………,
shebait representing Sree Sree Radha
Gobinda pursuant to Order dated …………… of
the Hon’ble High Court at ……………in
presence of:
1. ……………………… For Sree Sree Radha Gobinda
2. ……………………… Shebait
Signed, sealed and delivered by
Mr. ……………………… pursuant
to Board Resolution dated
………… of Messrs. Business Ltd.
in presence of:
1. ……………………… For Business Ltd.
2. ……………………… Director
* * * * *
Lease of Debutter Property
THIS DEED OF LEASE is made on this 30th day of May 1999 BETWEEN GODDESS DURGA
installed in the Temple called “Durga Mandir” at ……………………… ……………… (hereinafter
referred to as the said DEITY) of the First Part, Swami Brahmananda, one of the trustees,
residing at the premises adjoining the Durga Mandir, ……………………………… (hereinafter
referred as the LESSOR which expression shall unless excluded by or repugnant to the context
include his successors in office) of the Second Part and Sri Jubaraj by religion Hindu, by
occupation business at present residing at ………………………… (hereinafter referred to as the
LESSER) of the Third Part.
WHEREAS by a Deed of Trust dated ………………… the land at ………… ……………… and
all funds were dedicated to the Goddess Durga with direction to construct a temple thereon and
install the said Goddess Durga therein.
AND WHEREAS by the said deed five named persons were appointed as the Trustees who
would constitute a Board and conduct the affairs of the said deity and the Trust Property.
AND WHEREAS the said property with the trust funds the said temple was constructed and
the deity was installed and the said temple was named as “Durga Mandir”.
AND WHEREAS the Board of Trustees agreed to act as the Trustees and agree to the
directions contained in the said Trust Deed, constructed the said temple and named it as “Durga
Mandir” and installed the said Goddess Durga therein.
AND WHEREAS due to inflation the costs of maintenance of the property and daily Seva Puja
of the deity and holding of the periodical festivals have gone up considerably during the last nine
years the income of the Trust property has become inadequate to meet the expenses in relation
to the said Durga Mandir.
AND WHEREAS the Board of Trustees is empowered by the Trust Deed to manage and
maintain the trust property along with its assets and funds with power for legal necessity to lease
out or sell any portion of the Trust property so that the said Durga Mandir may be properly
maintained and the Seva Puja of the deity continue.
AND WHEREAS the Board of Trustee had by a resolution passed unanimously at its meeting
held on 16th April 1999 decided to lease out a portion of the debutter property as described in the
Schedule below in the interest of the deity.
AND WHEREAS Sri Yubaraj is desirous of staying near the said Durga Mandir and devote his
time in the worship of the said Goddess Durga and thereby became almost a part of the said
Durga Mandir to have peace of mind and lead a life dedicated to the Goddess Durga.
AND WHEREAS the said Sri Yubaraj approached the Board of Trustees for a lease of a
portion of vacant land adjacent to and belonging to the said deity not required for the purposes of
deity or periodical Seva Puja or festivals for leasing out to him for construction of a small house in
conformity with the design and structure of the said Durga Mandir and the Board in principle
agreed to do so.
AND WHEREAS the said Sri Yubaraj has sold his property with a view to take on lease a
portion of the property belonging to the said deity and make constructions thereon for his
residential purposes.
AND WHEREAS the Board of Trustees have considered the proposal and taking into
consideration the dire need for money for the maintenance of the existing property and for
meeting the expenses of Seva Puja of the deity the existing income has to be augmented agreed
to the proposal.
AND WHEREAS considering the legal necessity for leasingout a portion of the debutter
property the Board of Trustees by a Resolution dated ……… ………… authorised Swami
Brahmananda, a party of the Second Part to execute a Lease Deed on behalf of the Board of
Trustees of the said party in favour of Sri Yubaraj for a period of 30 years on a lump sum
premium of Rs. 10 lakhs and on a monthly rent of Rs. 500. All rates, taxes, levies, cesses and
outgoings in respect of the said land proposed to be leased out measuring about 4 cottahs should
be borne by the LESSEE and in respect of the said leased out land and the Board of Trustees of
the property shall have no obligation to pay any money on any account whatsoever and all
expenses and outgoings shall be borne by the LESSEE.
AND WHEREAS Sri Yubaraj has made enquiries and searches and examined the Trust Deed
and has satisfied himself fully about the right, title and interest of the deity and the powers of
Board of Trustees to authorise granting of such lease in the facts and circumstances stated
herein and has agreed to accept lease of the said land of the deity on terms and conditions
mentioned hereinbefore and contained hereinafter.
NOW THESE PRESENTS witnesseth and the parties hereby agree as follows:
1. In consideration of the sum of Rs. 10 lakhs paid by the LESSEE to the LESSOR as non-
refundable premium and in consideration of a monthly rent of Rs. 500 the LESSOR hereby grants
and the LESSEE hereby takes on rent a plot of land measuring more or less 4 cottahs for a
period of 30 years from the date hereof.
2. The LESSEE would be at liberty to construct a two-storeyed building not taller than the
temple and having a design in conformity with the said temple and should give it an appearance
of a part of the temple.
3. The LESSEE shall pay and discharge and satisfy all taxes, rates, cesses, levies and
impositions both existing and future in respect of the premises demised irrespective of the legal
liability of the said deity.
4. The LESSEE shall take possession of the said building to be constructed and shall not use
the same except for residential purposes of the LESSEE and his family members. In the event
the lessee intends to dispose of the said leasehold property he should offer the same to the deity
represented by the Board of Trustees at a price not more than the value of the unexpired period,
total value being Rs. 10 lakhs for 30 years.
5. The LESSOR doth hereby covenants that the land comprising in the Lease Deed is not at
present affected by any notice or scheme by any municipality or other local authority and the
property is free from all encumbrances, attachment, charges and other claims and demands.
6. The LESSOR has a good and marketable title to lease out to the LESSEE the said property
and the said leasing out is duly authorised by the Trust Deed and the Board of Trustees and the
lessee has satisfied himself about these facts.
7. The LESSOR or the Board of Trustees has not done, executed or performed anything
whereby the present lease is hindered or prevented from granting or executing or transferring the
property in any manner.
8. In the event through inadvertence or error or by any other cause whatsoever if it is found to
be incomplete in respect of the right, title and interest or possession of the LESSEE, the LESSOR
shall be bound to execute any further Deed in favour of the LESSEE for further perfecting,
ensuring and assuring the right, title and interest and possession of the LESSEE.
9. The LESSOR shall execute or cause to be done or executed all such lawful acts, deeds
and things whatsoever for further and more perfecting, conveying and assuring the said property
and every part thereof in the manner aforesaid according to the true intent and meaning of the
deed.
10. The LESSOR doth hereby and hereunder grant, convey, transfer and assign and assure
unto and to the use of the LESSEE full and free right and liberty of way and passages for ingress
to and egress from the said premises for himself his family members and relations and visitors
over the said plot measuring about 4 cottahs as indicated in the site plan attached hereto through
the passage 15 ft. wide leading to the plot from …………………… to premises and to hold at all
times hereafter for 30 years and for all purposes and telephone, electric, gas, water and sewage
connections over and under the same and the same plot of land will also be used by all persons
visiting or having any interest in the said Durga Mandir.
11. The parties have agreed and understood the nature of enjoyment of the demised premises
herein situated and the surrounding areas and the fact is that the demised premises is attached
to the said Durga Mandir and the LESSEE agrees it will not object to or make any grievance of
any noise or disturbance by virtue of usual Seva Puja of the deity and the periodical festivals
and/or religious functions that might be held in or outside the said Durga Mandir.
12. The LESSEE shall have the right to surrender the lease in which case as also on
termination of the lease the building constructed on the lease-hold property would belong to the
said deity and that the LESSOR shall return a proportionate amount of the said amount of Rs. 10
lakhs depending on the unexpired period of the said lease and excepting that the LESSEE shall not
have any right against the LESSOR on any account for whatsoever reason.
Schedule of the lease property
All that piece and parcel of land measuring about 4 cottahs, now lying vacant under Khatian
No. …, Dag No. …, in Mouza Ganesh Bazar, J.L. No. …, and butted and bonded.
by
on the North: … …………………………………
on the South: … 10 ft. wide ……………………
on the East: … …………………………………
on the West: … a portion of the property of the said temple.
IN WITNESS WHEREOF the parties hereunder have set out and subscribed their respective
hands and seal, on the day, month and year first above-written.
For self as Shebayat and
Deity as authorised by
the Board of Trustees
Signature of the LESSOR
(by the pen of Shebayat)
WITNESSES:
1.
2.
3.
Signature of LESSEE
Sri Yubaraj (TRUSTEE)
WITNESSES:
1.
2.
3.
MEMO OF CONSIDERATION
Bank Draft in favour of deity drawn on ………………… Bank, ……………, No. …… dated
…………………… for Rs. 10 lakhs.
Received the consideration
(Signature of the LESSOR)
WITNESSES:
1.
2.
3.
