February 26

Deed of retirement from partnership

THIS DEED OF RETIREMENT made at New Delhi this __ day of __ 200 _
BETWEEN
1.____________________________age years, occupation – _____,
2.____________________________age years, occupation – ___, both residents of hereinafter called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) of the One Part
AND
1. ____________________________age __years, occupation – _____,
2. ____________________________age ___years, occupation – ____, both
residents of
3. M/s _______, a company registered under the Indian Partnership Act 1932, having its office at hereinafter called the PARTY NUMBER TWO, (which express shall, unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) of the Other Part.

WHEREAS originally, the No. 1 of the party No. 1 amd the No. 1 of the party No. 2 along with Shri had entered into a partnership;
AND WHEREAS, accordingly, the No. 3 of the party No. 2 was registered as a partnership firm, and since then, the said firm had been working and operating in the city of Delhi as builders and contractors;
AND WHEREAS in the said firm, on ________, two more partners were added, that is to say, the No. 2 of the party No. 1 and the No. 2 of the party No. 2;
AND WHEREAS the said Shri had retired from the said firm, on____;
AND WHEREAS since then, the present parties had been operating as the partners of the said firm, the Nos. 1 and 2 of the party No. 1 having 60 per cent interest, and the Nos. 1 and 2 of the party No. 2 having 40 per cent interest;
AND WHEREAS the said firm has successfully undertaken and completed a number of projects and earned considerable amounts of profits;
AND WHEREAS by way of investment, the said firm had invested its money in a number of properties;
AND WHEREAS of late, differences between the partners having cropped up, they had about six months back agreed in principle to plan the business of the firm in such a way that one of the branches retires from the firm;
AND WHEREAS, accordingly, to minimise the undertakings of the firm, the parties had also entered into agreements, assigning rights over certain properties as described herein below;
AND WHEREAS the parties found that by mere assignments, the problems cannot be solved, as some of the undertakings will have to be continued for a considerable time to come;
AND WHEREAS, therefore, the parties mutually decided that the party No. 1 shall retire from the said firm, and the party No. 2 shall continue to operate the said firm;
NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows :
1.That the party No. 1, that is to say, Shri and Shri do hereby retire from and go out of the partnership firm, viz. M/s Gemini & Company, i.e. the No. 3 of the party No. 2, and as on today, the total firm consists of the Nos. 1 and 2 of the party No. 2, namely Shri and Shri
2.That earlier, by an agreement, dated___, the Nos. 1 and 2 of the party No. 2 had agreed to take assignment of the rights over the properties bearing Survey Nos.______,____and____, on the payment of Rs._____to the party No. 1. Thereafter, on______, the parties had again entered into an agreement of assignment in respect of the property bearing Survey No. 45 of Erandwana, Pune City, excluding the sanctioned and pending scheme on the payment of Rs.___unto the party No. 1 and also by an agreement, dated__, a similar assignment of Survey No. ___, of was effected in favour of the party No. 2 on the payment of Rs.____. To the party No. 1.
3.That, however, now, since the party No. 1 is retiring, all these assignments have become redundant, and so as to make comprehensive provision, it is hereby agreed in supersession of the said agreements that the party No. 1 and 2 of the party No. 2 shall pay to the party No. 1 a total sum of Rs.__by way of refund of capital, share of goodwill, share of profits, assets and appreciation and all and whatsoever claims that the party No. 1 does have in and against the party No. 3 of the party No. 2 or the Nos. 1 and 2 of the party No. 2. Of these amounts, the party No. 1 so far received a sum of Rs. _____on different counts under different agreements, and, now, a sum of Rs. _______/- has yet to be paid by the party No. 2 to the party No. 1, and the said payment is to be made as under:
(A)Rs. _________/- at the time of the execution of these presents; and
(B)Rs. _________/- on or before __ day of______, and thereafter,
(C)Rs. _________/- per month upto the end of_____, i.e. for a
period of ___ months.
4.That from this date, the party No. 1 ceases to be the partners in the said firm, and they shall neither be liable for any transaction, dealings or liabilities of the said firm, nor shall they have any right to claim or recover any amounts of the said firm.
5.That all the assets, debts, book-debts, materials, furnitures and fixtures of the firm shall continue to be the properties of the party No. 2 wherein the party No. 1 shall henceforth have no right, title or interest whatsoever.
6.That by way of further clarification, it is to be on record that the office bearing No. 6 in the is the exclusive property of the No. 1 of the party No. 1. Likewise, Flat No. __ in the building at is the exclusive property of the No. 1 of the party No. 2; the _______ car bearing No. MH-34/AD-1754 is to be the exclusive property of the No. 1 of the party No. 1, while the ______car bearing No. MH-34/AD-1754 is to be the exclusive property of the No. 2 of the party No. 2.
7.That the firm is presently having its office at in hired premises, and the said premises have been furnished at its costs. However, in view of the fact that the removal of the said furniture will cause a great loss of value, the tenancy rights over the said premises along with the furniture are given to the party No. 1. The telephone connection bearing No. 5656234, which is in the name of the party No. 1 of the party No. 2 shall continue to be the exclusive property of the No. 1 of the party No. 2. The Opal imported car bearing No. MH-34/AD-1754 is the property of the firm, though it was purchased and, therefore, stands in the name of the No. 1 of the party No. 1. However, the same is the property of the firm, and hence, has been given to the party No. 2.
8.That as a result of this retirement, the rights of the firm over the properties bearing Final Plot No. Survey No. ___ of _____ and the rights over Survey No. ____of ______, including the scheme under construction as well as the balance of the vacant land have now become the exclusive rights of the Nos. 1 and 2 of the party No. 2, and they shall be at liberty to deal with the said properties as they please, and the party No. 1 shall have no claim, right, title or interest in or over the said properties.
9.That by way of abundant caution and clarification, it is further recorded that the office No. 45 in the building at which is held by the No. 1 of the party No. 2 as a tenant, shall continue to be the exclusive property of the No. 1 of the party No. 2.
10.That the party No. 2 may admit any more partners and may deal with assets of the firm, as the Nos. 1 and 2 of the party No. 2 may deem fit.
11.That the party No. 2 shall be entitled to receive and recover all the outstandings, debts and claims of the said firm and hall also be liable to pay and discharge all the liabilities of the firm.
12.That the unfinished scheme of the firm at Survey No. __of ______ will be completed by the party No. 2 by recovering from its members the outstanding dues and by carrying out the construction in the said scheme.
13.That the party No. 1 hereby assures and undertakes to sign all the necessary papers, documents, consents, deeds, affidavits, etc., which may be required for transferring any of the properties in the name of the party No. 2 or for giving proper effect to this deed of retirement.
14.That by this deed of retirement, the original partnership-deed, dated___, is further amended, and henceforth, the only partners in the firm shall be :
(i) Shri having per cent share and interest in the firm and profits, and
(ii) Shri having per cent share and interest in the firm and profits.
IN WITNESS WHEREOF the parties hereto have signed here under at Nagpur the date first above mentioned.
1. Sd/-
2. Sd/-
PARTY NUMBER ONE
1. Sd/-
2. Sd/-
PARTY NUMBER TWO
Witnesses :

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February 26

Deed for confirmation of assignment

THIS DEED OF CONFIRMATION made at this ____ day of _____
BETWEEN
Shri _____________ Son of Shri _____________ Age _____ years, occupation – ____, resident of hereinafter called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and include her heirs, executors, administrators and assigns) of the First Part
AND
Shri _____________ Son of Shri_____________ age years, occupation _____, resident of hereinafter called the PARTY NUMBER TWO, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the Second Part
AND
The __________ a cooperative society, registered under the Cooperative Societies Act, acting through its Chairman, Shri age ___years, occupation – ______, resident of _______ hereinafter called the P.No. 3, (which express shall, unless repugnant to the context, mean and include the said society, its present and future members, their heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the property bearing Shop No. , situate on the ground floor, in the building named “Sharma Chambers”, standing on the land bearing Sub-Plot No. ____ Final Plot No. _____ of had originally been allotted and granted on ownership by the Party No. 3 unto the party No. 1 as a member;
AND WHEREAS the party No. 1 subsequently assigned all her right, title and interest in and over the said property in favour of the party No.2;
AND WHEREAS the said deed of assignment between the party No. 1 and the party No. 2 was executed on____;
AND WHEREAS since then, the party No. 2 has been holding and enjoying the said property as a member of the party No. 3;
AND WHEREAS as a member of the said society, i.e. party No. 3, the party No. 2 has during all these years been the absolute and exclusive owner of the said property;
AND WHEREAS on account of the subsequent change of membership and assignment of rights by the party No. 1 unto the party No. 2, it has become necessary to execute this deed of confirmation;
AND WHEREAS the party No. 3 has, accordingly, agreed to declare and confirm these presents;
NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows :
1.That the party numbers 1 and 3 do hereby declare and confirm that, by the execution of the deed of assignment, dated___, executed by the party No. 1 unto the party No. 2, the party No. 2 since then has become the absolute and exclusive owner of the property bearing Shop No. 2, situate on the ground floor, in the building known as “Sharma Chambers”, standing on the land bearing Sub-Plot No. 3, Final Plot No. 17, of described in further details in the schedule here under, and the party No. 1 further declares and confirms that she has no right, title or interest in or over the said property.
2.That the party No. 3 does hereby further declare and confirm that all the share certificates, which were in the name of the party No. 1, have now been transferred in the name of the party No. 2, and all the requirements and formalities with respect to the full-fledged membership, ownership, possession, occupation and enjoyment by the party No. 2 have been duly fulfilled and complied with, and, now, there is no lacuna in any respect.
3.That all the terms and conditions contained in the original agreements between the parties Nos. 1 and 3 and 2 shall be construed to have been incorporated in these presents.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of shop No. 2 situate on the ground floor, in the building known as “Sharma Chambers”, standing Shop No. 2, situate on the ground floor, in the building known as “Ganesh Chambers”, standing on the property bearing Sub-Plot No. 3, Final Plot No. 17, of admeasuring 350 sqft or thereabouts, and bounded by as follows :
On or towards the East _
On or towards the South _
On or towards the West _
On or towards the North _

IN WITNESS WHEREOF the parties hereto have signed here under at the date first above mentioned.

Sd/-
PARTY NUMBER ONE

Sd/-
PARTY NUMBER TWO

Sd/-
PARTY NUMBER THREE

Witnesses :

1. Sd/-

2. Sd/-

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February 26

Agreement with Property Dealer for a House

(letter Form)
To:
AA
_________
Subject: Sale of my House
Dear Sir,
With reference to your request to put on record the oral understanding between us, arrived at on the evening of _________ in the presence of Mr. ________ I am recording the same:
1. You will introduce to me a ready and willing purchaser for my house known as ‘‘Sharma Cottage’’ situated at ________ (Address)
2. That in the event of any purchaser introduced by you buying the said property within the period of _________ months from the date hereof I shall pay you a commission of 2% on the money received by me from such sale.
3. That the house ‘‘Sharma Cottage’’ consists of the main two-storied building with electrical and sanitary fittings (but no furniture), outhouses, garage and an extensive compound, the entire property being in an area of about 5000 sq. ft. The property is freehold and the sale will be free of all encumbrances.
4. That the sale price of the said property will be Rs 20,00,000 or any lesser amount I agree to accept and all costs of transfer to be borne by the purchaser.
5. Commission will accrue to you on the date the final payment of the sale price is made. But in order to oblige you I will make payments as follows:
(i) ½ % of the earnest money will be paid to you on the date such payment is made, as refundable advance in the event of the transaction falling through;
(ii) 1½ % of the balance on final payment.
6. I shall not be entitled to employ any other agent for procuring the sale of my said house within the said period of. _________ Months.
7. After the expiry of the said period of ________ Months this authority shall stand cancelled.
DATE:_____
Yours faithfully,
Signature BB
I confirm the above
Signature AA

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February 26

TENANCY AGREEMENT RE. RESIDENTIAL HOUSE

This agreement made this the 30th day of July 2003,
Between
AB, son of, WX residing …………, Calcutta after it called the landlord of the One Part
And
CD, son of YZ, residing ………… hereinafter called the tenant of the Other Part witnesseth as follows;
1. That the landlord shall lease and the tenant shall take on basis monthly tenancy all that double-storeyed building being premises No. ………….with bath, privies, garage, kitchen, store, compound, out-houses and all fixtures and fittings with electricity and water connection on terms/conditions hereunder contained.
2. That the tenant deposit with the landlord a sum of Rs. 2 lakhs as security deposit/caution money and pay a sum of Rs. 5,000 only, rent per month which will enhance in progress by 10% every five years in advance on the 7th of every current month without any latches or default and it is hereby recorded that the tenant has this day paid to the landlord the security money and also a further sum of Rs. 5,000 as rent for the month of August 2003 which the landlord doth hereby admit, acknowledge and confirm,
3. That it is further consented, declared and agreed by and between the parties that the house will be used and occupied on the following conditions:
(a) The landlord shall keep the house in air and watertight condition, whitewash all walls once with in three years and paint all wood work once in five years.
(b) Save and except as aforesaid, the tenant shall otherwise maintain and preserve the property in good order and condition, protect the same against white ants and moth, substitute all broken fixtures and fittings by replacements of equally good quality.
(c) All taxes (both owner’s and occupier’s share) substituting at presently shall be paid by the landlord, but all enhanced or additional taxes, if and when burdened and other charges, if any as leviable by municipality, shall be borne and paid by the tenant without any right of reimbursement against the landlord.
(d) That tenant shall not material alteration to the property unless expressly approved in sanctioned by the landlord and in any eventuality such alteration, if allowed, shall be made by tenant at his own costs, expense and such terms/conditions as may be burdened by the landlord. Such additions/alterations shall in all cases be the property of landlord and tenant shall have no right to any contribution by the landlord or to any indemnification on that account.
(e) The tenant shall use the property for residential with the members of his family and shall not sublet the whole or any part thereof, not change the tenancy, keep any paying guests nor share accommodation nor carry on any business or trade nor store any combustible or inflammable goods excepting kerosene, coal, etc., in minimum quantities needed for domestic consumption.
(f) If the tenant neglects or does not pay the rent as stated before or otherwise contravenes the agreements, conditions and stipulations hereunder imposed or is adjudged an insolvent, it snail be legal for the landlord to determinate the tenancy hereunder created by proper notice and sue for recovering possession notwithstanding waiving any condition of said contravention.
(g) The tenant had inspected the property and is fully convinced about its internal arrangement and condition and has after it voluntarily and freely consented to the terms of tenancy hereunder laid and shall not after it be aggrieved on any account whatsoever.
4. Expect as aforesaid, the rights and duties between the parties shall be ruled by the law concerning statutory tenancy enforceable for the time being.
IN WITNESS WHEREOF, the parties have set their hands this _________ day of __________.
DATE:
PLACE:
WITNESSESS:-
1. AB
2. CD

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