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DEED OF Allotment

This DEED OF ALLOTMENT of plot in PURBACHAL PROBASHI PALLI project is made on this 16th Day of July Two Thousand eleven of the Christian era.
BETWEEN
PURBACHAL PROBASHI PALLI LTD, a private limited company incorporated under the Companies Act, (Act No. XVIII) 1994 having its registered office at House # 10, Road # 4, Block # F, Banani, Dhaka, Bangladesh, hereinafter referred to as the COMPANY (which expression, where the context so admits shall mean and include its successors-in-interest, executors, administrators, legal representatives and assignee) of the ONE PART.
AND
FATEMA BEGUM, Husband’s Name – Mohammed Nazir, Mother’s Name – T. Begum, Permanent & Present address: – Hoque Brathers, Kalitola Road, Chaumuhani-3821. & 1237, Bedford AVN, Brooklyn, Ny, 11216. Profession – Business, Religion – Islam and Nationality Bangladeshi by birth hereinafter referred to as the ALLOTTEE, Nominee – Nabihah Begum & Ziaul Huq Noble which expression where the context so admits shall mean and include his/her heirs, successors, administrators, legal representatives and assignee of the OTHER PART.
In the name of Almighty Allah, the Merciful, this DEED OF ALLOTMENT recites to the effect:
WHEREAS the company, has undertaken a model Housing project under the name and style of “PURBACHAL PROBASHI PALLI PHASE-1” to meet the rising demands of housing plots in Dhaka City for future generation facilitating a developed residential city providing necessary loading of Electricity, Gas with other modern utility connections and the implementation of the project is in progress;
AND WHEREAS the company having acquired the transferable right title and possession on the lands of the said Housing Project, has prepared a layout plan of “PURBACHAL PROBASHI PALLI PHASE-1”, Bangladesh hereinafter referred to as schedule “A” with intent to book and allot the plots for ultimate transfer of the same among the intending allottees and transferees after earth filling, preparation of residential plots with all other

necessary development works to be done by the COMPANY as per layout plan of the “PURBACHAL PROBASHI PALLI PHASE-1” with the money provided by the allottees as cost of the allotted plots being fixed for land price and development costs therefore;
AND WHEREAS the ALLOTTEE has seen and accepted the layout plan of “PURBACHAL PROBASHI PALLI PHASE-1” and on inspection of the papers and documents being satisfied with the allotable and transferable rights of the COMPANY, has selected and chosen a plot described in the schedule “B” hereto and proposed the COMPANY to have and allotment of the schedule “B” plot in the schedule “A” project.
AND WHEREAS the ALLOTTEE has made an application on the prescribed form of the COMPANY for allotment of the “B” Schedule plot/plots at a consideration of agreed costs to be paid by him in accordance with the terms and conditions of the allotment;
AND WHEREAS in pursuance of the above application and at the request and choice of the ALLOTTEE the COMPANY agreed to allot the “B” Schedule plot on the terms and conditions hereinafter stipulated;
NOW, THEREFORE, the company & the allottee mutually agree and declare as follows: 01. That the COMPANY hereby allots the Plot 3 (Three) katha, Plot no # 33 Corner, Road no # 02, Block # G-9, North facing of the layout plan of PURBACHAL PROBASHI PALLI PHASE-1 housing the Schedule “B” hereto in favor of the ALLOTTEE subject to fulfillment and due compliance of other terms and conditions including the payment schedule hereinafter stipulated. 02. The agreed cost of the “B” Schedule plot 3 (Three) katha at the rate of Tk. 2,25,000.00 (Taka Two Lac ) only per katha. Total Tk. 6,75,000.00 (Taka Six Lac Seventy Five Thousand) only including the development cost therefore which to be paid by the ALLOTTEE to the COMPANY as follows : a. That the ALLOTTEE has fully paid Tk. 6,75,000.00 (Taka Six Lac Seventy Five Thousand) only as At a time payment, Money Receipt No – 3522, 4859, 3538, 4795, Dated – 17.11.10, 24.01.11, 20.12.10, 05.07.11, (by Cash & CHQ NO: 942, Xcarver Federal Savings Bank, Dated – 17.11.10) which is hereby acknowledged by the COMPANY. If any cheque is dishonored by the bank or client make any fraudulent payment by cheque, then this deed will be treated as cancelled. b. That the payment from the overseas in foreign currencies to be calculated at the rate of banking conversion prevailing at the relevant time to Bangladeshi currencies. 03. That the allotment can not be cancelled once the payment is made for at a time payment sale as per offers by the company at different times for the sale of plot/flat/commercial space/shop. However, the client may apply to the company for selling the some property to another client. It is mentioned that if the same property is sold to another client then the allottee shall have to pay a transfer fee per katha/unit to the company at the rate per katha/unit decided by the company. 04. That price of any property shall be fixed as per the fee chart published by the company. It is to be mentioned here that the company reserves the right to change the price at any time, as for example, the company may offer different special price(s) at different times. However, once a property is booked its price shall not be changed under any circumstances. 05. Pursuant to the section 6 of the ‡emiKvix AvevwmK cÖK‡íi f~wg Dbœqb wewagvjv, 2004, after making of full payment of the agreed cost by the ALLOTTEE and after the installment period or probable handing over date end of the 6 years from issuing date, the physical possession of the allotted plot to be handed over by the COMPANY if the concerned engineer/authority certifies that the plot is developed and ready for transfer the physical possession thereof. In case of any deviation, due to political, natural, or any kind of artificial crisis section 9 (4) of the said wewagvjv will be applicable. 06. That all costs related to the registration and handover including the stamp duty of the deed, registration, VAT, documentation charges and other miscellaneous costs have to be paid by the clients. And that the total cost of the property will be adjusted at the time of registration if the actual area of the property is more or less than the agreement. 07. That if Rajuk or the company causes any change or enlargement in the lay-out plan of the project then the number of the plot may be altered and that the client shall be liable to consider it for the greater interest of the project. 08. That the area of the plot may vary on final measurement, at the time of handing over physical possession to the ALLOTTEE, in case of such variation in measurement, the Allottee shall pay for the increased area of land at original contracted rate or cost and in case the area decreases, proportionate refund will be available to the Allottee from the amount deposited against the plot. 09. That in case the project or any part of the project is abandoned due to any unavoidable reasons, circumstances of act of God and the company fails to deliver the allotted plot to the ALLOTTEE, an alternative plot in any other place with another set of terms and conditions, as decided by the company, will be offered to the ALLOTTEE. If the newly proposed/offered plot is not acceptable to the ALLOTTEE, the company will refund the amount paid by the ALLOTTEE. 10. That before obtaining registered Deed of Conveyance from PURBACHAL PROBASHI PALLI LTD. the Allottee undertakes that without explicit written permission from PURBACHAL PROBASHI PALLI LTD, he/she shall not enter into any agreement/arrangement whatsoever, financial or otherwise, with any third party to sell, mortgage or any other manner of transfer and disposal of the plot or any part thereof. Such unauthorized deal will be deemed to be illegal and void and not binding on PURBACHAL PROBASHI PALLI LTD. 11. That the client shall use the allotted property for specific purpose only; and he/she shall abide by all the rules and regulations of the company and the government for the development of the property. 12. That the site in charge of PURBACHAL PROBASHI PALLI LTD. should be intimated in advance the intention of the Allottee of any kind of construction, its nature and possible date of commencement thereof. The Allottee will show his/her allotment letter, all kinds of payment receipts, possession certificate, registration deed, approved plan to the site-in-charge on demand. 13. That the Allottee will erect the Boundary walls demarcating his/her plot immediately after receipt of the possession certificate with the final measurements clearly indicated therein. 14. That since the project area has been developed by reclamation, piling is imperative for foundation to build house on such land. Therefore, the Allottee will design the foundation of his/her structure by appropriate person/agency on the basis of the soil test results undertaken by competent agency only and prior written permission should be taken from the company before any development. 15. That the Allottee shall follow rules, regulation and practices of RAJUK/appropriate authority in constructing his/her house. He/She will be solely responsible for the consequences arising out of his/her failure to follow those rules & regulation and/or any kind of violation of RAJUK/appropriate authority rules. 16. That the Allottee shall not disturb or create any obstruction to the network of Utility Services by illegal act or by unauthorized construction. 17. That bending, binding, hammering or Cutting of M.S. Rods under no circumstances, shall be carried out on the roads. Neither should the roads be used for mixing of concrete nor for any other construction activities as well storing of construction materials shall not be allowed on the road. 18. That the Allottee should not make ramp like elevated connection from road to the house. Construction of ‘Road Humps’ (Speed Breaker) is also prohibited on internal road system of the project. 19. That road and earth-cutting outside the boundary is strictly prohibited. Construction of soak pit should not be done out side the boundary or the plot. 20. That the Allottee will maintain and keep cleanliness in and around his/her house. Garbage should be disposed of, in designated place and within the specified time so as to prevent condition which may cause health hazard in the neighbourhood. 21. That the Allottee shall not do or organize or promote any act which may be termed as ‘antisocial’ or likely to lower and disgrace the sanctity of the community life in the project. 22. That the central electricity and gas connectivity will be arranged by the company in association with the concerned govt. authorities and that all clients will bear the costs of these connections proportionately per katha/unit. And that each clients will take connection to his/her property from the central lines at his/her own cost. 23. That if in future, any defect or incorrect description is detected in this schedule; the COMPANY shall have the right to rectify the same on mutual discussion with the ALLOTTEE. 24. That for the purpose of effective and efficient management, security & maintenance of the project and the common facilities & privileges provided there in, the ALLOTTEE shall jointly form & constitute a co-operative society under Co-operative Societies Act and all the owners of plots shall compulsorily become members of the society. The Co-operative Society so formed and constituted shall be entitled with the risk of management, security and maintenance of the project. That at the time of hand-over of the possession a sum of Tk. 5,000.00 (Taka Five Thousand) only per Katha should be paid to the welfare fund of the project by the ALLOTTEE. The fund will finally be transferred to the Co-operative Society of the said land project approved under the Co-operative Societies Act and also by the COMPANY. 25. That the property will be handed over as per the agreement. However, the client shall accept the delay caused by any political, natural or artificial crisis. And that the client must abide by the ‡emiKvix AvevwmK cÖK‡íi f~wg Dbœqb wewagvjv, 2004, সেকশন-৬, সাব-সেকশন-ক। 26. That incase of any disagreement, dispute or differences arise in between the parties to this agreement, the same shall be mutually and amicably settled by both the parties, failing which the matter be referred to the arbitration consisting of 2 (two) arbitrators one to be appointed by each party and the decision or the award of the arbitration shall be final and binding on both the parties hereto and in such case the provisions of the arbitration Act (Salish Ain) 2001 will applicable.

SCHEDULE ‘A’

Thana - Rupganj, District – Narayanganj and Thana – Narshingdi, District – Narshingdi, lands covered by the land project in the name and style of ‘PURBACHAL PROBASHI PALLI PHASE-1’ being implemented by the COMPANY.

SCHEDULE ‘B’

North facing, Plot # 33 Corner, Road # 02, Block # G-9, Measuring 3 (Three) kathas of layout plan of ‘PURBACHAL PROBASHI PALLI PHASE-1’, Thana - Rupganj, District – Narayanganj and Thana – Narshingdi, District – Narshingdi

WITNESSES:

1)

Signature of the first PARTY
2)

3)

Signature of the allottee