@extends('layouts.admin.index') @section('content') {{-- --}} @section('css') @endsection @section('title','Money Receipt') @php $customer = $booking->customer ; $plot = $booking->plot ; $nominee = \App\NomineeInformation::where('user_id',isset($customer)?$customer->user_id:'')->first(); @endphp
{{ trans('cruds.deed_of_allotment') }}
@include('admin.common.print')

File No: {{ isset($booking)?$booking->file_no:'' }}

AT A TIME

Date: {{ date('d/m/y') }}

Deed of allotment

@php $arr = str_split((string)date('Y')); $lastDigit = $arr[sizeof($arr)-1]; @endphp This DEED OF ALLOTMENT of plot in DIGITAL RESIDENCE project is made on this {{ date('d') }}th Day of {{ date('F') }} Two Thousand Twenty {{ ucfirst(convert_number_to_words($lastDigit)) }} of the Christian era.

BETWEEN

DIGITAL RESIDENCE, a private limited company incorporated under the Companies Act, (Act No. XVIII) 1994 having its registered office at Ahmed Tower (Level #12), Plot No 28 & 30, Kemal Ataturk Avenue, Banani C/A, Dhaka-1213, 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 (FIRST PARTY).

And

{{ isset($customer)?$customer->firstname. ' '.$customer->lastname:'' }} Father’s Name : {{ isset($customer)?$customer->father_name:'' }} Mother’s Name : {{ isset($customer)?$customer->mother_name:'' }} Permanent & Present Address: {{ isset($customer)?$customer->present_address:'' }} & {{ isset($customer)?$customer->permanent_address:'' }} Bangladesh. Profession: {{ isset($customer)?$customer->profession:'' }}, Religion : {{ isset($customer)?$customer->religion:'' }} and Nationality Bangladeshi by birth hereinafter referred to as the ALLOTTEE/CLIENT, which expression where the context so admits shall mean and include his/her heirs, successors, administrators, legal representatives and assignee of the OTHER PART (ALLOTTEE). OTHER PART (ALLOTTEE).

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 “DIGITAL RESIDENCE PHASE-1” hereinafter referred to as the “Project” to meet the rising demands of housing plots in Dhaka City for future generation facilitating a developed residential city providing necessary modern utility connections and the implementation of the project is in progress;

AND WHEREAS the COMPANY having acquired the transferable right of title and possession on the lands of the said Housing Project, has prepared a layout plan of “DIGITAL RESIDENCE 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 “DIGITAL RESIDENCE PHASE-1” with the total amount provided by the allottees which includes the cost of the allotted plots which has been fixed beforehand as land price and development costs; AND WHEREAS the ALLOTTEE has seen and accepted the layout plan of “DIGITAL RESIDENCE PHASE-1” with the total purchase price provided by the allottees which includes the cost of the allotted plots being fixed beforehand as land price and development costs ;

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AND WHEREAS the ALLOTTEE has seen and accepted the layout plan of “DIGITAL RESIDENCE 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 an allotment of the schedule “B” plot in the schedule “A” project.

AND WHEREAS the ALLOTTEE has made an application in the prescribed form provided by the COMPANY for allotment of the Schedule “B” plot/plots at a consideration of agreed costs to be paid by him in accordance with the terms and conditions of the allotment provided herein. The Allotee confirms that if the Allotee dies before the title of the Plot is transferred to him/her, then him/her nominee Name: {{ isset($nominee)?$nominee->firstname.' '. $nominee->lastname :'' }} bearing NID number :{{ isset($nominee)?$nominee->id_number :'' }}, residing in : {{ isset($nominee)?$nominee->present_address :'' }} Nationality Bangladeshi, who shall replace his/her position and complete the remaining payments to be the title holder of the respective plot/plots. The booking money and the remaining payments already paid by the Allotee shall be recorded in the name of the new Allotee name.

AND WHEREAS in pursuance of the above application and at the request and choice of the ALLOTTEE the COMPANY agreed to allot the Schedule “B” plot/plots on the terms and conditions hereinafter stipulated;

NOW, THEREFORE, THE COMPANY & THE ALLOTTEE MUTUALLY AGREE AND DECLARE AS FOLLOWS:
  1. That the COMPANY hereby allots the Plot {{ isset($plot)?$plot->plot_size:'' }}({{ convert_number_to_words(isset($plot)?$plot->plot_size:0) }}) katha, Plot no # {{ isset($plot)?$plot->plot_no:'' }}, Road no #{{ isset($plot)?isset($plot->road)?$plot->road->road_no:'':'' }}, Block # {{ isset($plot)?isset($plot->block)?$plot->block->block_no:'':'' }}, facing : {{ isset($plot)?$plot->facing:'' }} of the layout plan of DIGITAL RESIDENCE 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.
  2. @php $plot_price = isset($booking)?$booking->plot_price:0; $plot_size = isset($plot)?$plot->plot_size:1; $per = round($plot_price / $plot_size) ; @endphp The agreed cost of the Schedule “B” plot is {{ isset($booking)?$booking->plot_size:'' }} katha at the rate of Tk. {{ convert_number_to_words($plot_price) }} (Taka) only per katha. Total amount of Tk. {{ convert_number_to_words($per) }} (Taka) only including the development cost thereof which to be paid by the ALLOTTEE to the COMPANY as follows :
    1. That the ALLOTTEE has paid Tk. ..................... (Taka........................) only as Booking money & Down Payment, via Money receipt No- ………, ………, ………., dated on : …………., …………., ………….. (by Cheque, Chq No:……… Bank:………., Chq date:………….., by Cash, dt:……………, by Cheque, Chq No:…………., Bank:…………………., Chq date:……………..) which is hereby acknowledged by the COMPANY against Schedule “B” plot. This booking money of BDT ………….. (……………. only) is non-refundable if the Allotment Agreement is terminated due to the fault of the Allotee for making delayed installment payments. If any cheque is dishonored by the bank or a client make any fraudulent payment by cheque, then this deed will be treated as cancelled with immediate effect.
    2. That the balance amount of TK. .............. (Taka) only has to be paid in ....... monthly installments as follows: 1st installment TK. ............... (Taka........................) and from 2nd to ............. Installment ........................... (Taka....................) and 60th installment Tk…………… (Taka……………) only shall be made within the .......... day on each and every month starting from ......... , ....................
    3. That the payment made from the overseas in foreign currencies is to be calculated at the current banking conversion rate prevailing on the date the payment is made.
  3. No termination of Agreement is permissible, or the allotment cannot be cancelled and asked for a refund of the money once the full purchase price is made against the sale of the respective plot/flat/commercial space/shop. However, the client may apply to the company to sell the same 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. In the case of transfer of money from one file to another file, an amount of 6% of the total deposited money will be deducted from the closed file.
  4. That the price of any property shall be fixed as per the price 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.

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  1. Pursuant to the section 6 of the , 2004, after making of full payment of the agreed cost by the ALLOTTEE and on the tentative handing over date i.e after the completion of 6 years from date of the payment of the total purchase price, the physical possession of the allotted plot is to be handed over by the COMPANY upon approval of the concerned engineer/authority that the plot is developed and ready for transfer of physical possession. In case of any deviation, due to political, natural, or any kind of crisis section 9 (4) of the said বিধিমালা will be applicable.
  2. 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 agreed in the agreement.
  3. That if appropriate Government authority 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 bound to accept or comply with it considering it for the greater interest of the project.
  4. 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.
  5. That before obtaining registered Deed of Conveyance from DIGITAL RESIDENCE. and registration of the title and ownership of the Plot in his/her name from the concern Sub Registry Land Office, the ALLOTTEE undertakes that without explicit written permission from DIGITAL RESIDENCE. 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 DIGITAL RESIDENCE.
  6. 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 and maintenance of the property.
  7. That the site in charge of DIGITAL RESIDENCE LTD. should be intimated in advance the intention of the ALLOTTEE regarding any kind of construction work on the plot, 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 before commencement of the construction work.
  8. 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.
  9. 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.

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  1. That the ALLOTTEE shall follow rules, regulation, and practices of 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 & regulations and/or any kind of violation of appropriate authority rules.
  2. That the ALLOTTEE shall not disturb or create any obstruction to the network of Utility Services by illegal act or by unauthorized construction.
  3. 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.
  4. 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.
  5. That road and earth-cutting outside the boundary is strictly prohibited. Construction of soak pit should not be done outside the boundary or the plot.
  6. 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 to prevent condition which may cause health hazard in the neighborhood.
  7. 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.
  8. All necessary modern utility 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 client will take connection to his/her property from the central lines at his / her own cost.
  9. That if in future, any defect or incorrect description is detected in this schedule of the property, the COMPANY shall have the right to rectify the same on mutual discussion with the ALLOTTEE.
  10. 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 to the risk of management, security and maintenance of the project. That at the time of hand-over of the possession a fee per katha should be paid to the welfare fund of the project by the ALLOTTEE. (As per decided by the company at that period). The funds 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.
  11. That if the nominee, after the death of the Allotee, does not pay the remaining payments on time, then the Company shall cancel his/her allotment and terminate this Agreement and sell the respective plot to a new Allotee.

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  1. That the property will be handed over after one year from the day of final payment of registration and handover charges and this period is known as the grace period. However, the client shall accept the delay caused by any political, natural or crisis. And that the client must abide by the বেসরকারি আবাসিক প্রকল্পের ভূমি উন্নয়ন বিধিমালা, 2004, সেকশন-৬, সাব-সেকশন-ক।
  2. The Force majeure Clause is outside the Grace Period that is given in Clause 25. That if any delay, in handing over of the Plot or Plots, is caused due to a Force Majeure event then additional time period shall be granted to the Company to complete and deliver the Plot or Plots to the respective Allotee. Force Majeure Event means any event which is beyond the reasonable control of the party liable to effect performance, and shall include but not limited to political crisis, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, acts of terrorism, industrial disputes, and acts of state or governmental action prohibiting or impeding the Company from performing its respective obligations under the Agreement.
  3. After the expiry of the grace period if the Company still fails to deliver a Plot or Plots to a respective Allotee or if project or a part of a project is abandoned due to Force Majeure event mentioned above then an alternative Plot or Plots in any other place with another set of terms and conditions, as decided by the Company, will be offered to the Allotee. If the newly proposed/offered plot is not acceptable to the Allotee, the Company shall refund an amount decided as per mentioned in ,2010|
  4. 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.
  5. This Agreement has been entered into and shall be governed by and construed in accordance with the laws for the time being in force in Bangladesh and the Parties unconditionally submit to the exclusive jurisdiction of the Courts of Bangladesh in connection with all matters under this Agreement.
  6. No variation/alternation of this Agreement shall be effective unless in writing and signed by or on behalf of a duly authorized representative of each Party.
  7. This Agreement represents the entire agreement and understanding between the Parties relating to the subject matter of this Agreement and supersedes all documents or verbal consents or understandings (if any) given or made between the Parties prior to the date of this Agreement. None of the terms of this Agreement may be amended or modified except by an instrument in writing signed by authorized representatives of the Parties.

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  1. Neither Party shall be deemed to have waived its rights under this Agreement unless such waiver is in writing and signed by such Party and such waiver by one Party of a breach of any provision of this agreement by the other Party shall not be deemed to be a waiver of any subsequent or continuing breach of such provision or of the breach of any other provision of this Agreement by that other Party. Any delay or omission on the part of any Party in the exercise of its strict rights hereunder will not impair those rights nor will it constitute a renunciation or waiver of those rights. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative, and none of them shall be a limitation of any other right, remedy, undertaking, obligation, or agreement of any of the parties.
  2. If any provision or condition of the Agreement is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Agreement and the applicable governmental rule, regulation, order, or law shall prevail.
SCHEDULE ‘A’

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

SCHEDULE ‘B’

..................facing, Plot # ........, Road # .........., Block # ............., Measuring .............(........) kathas of layout plan of ‘DIGITAL RESIDENCE PHASE-1’, Thana - Rupganj, District – Narayanganj and Thana – Narshingdi, District – Narshingdi.

Witnesses
1.
2.
3.
4.
SIGNATURE OF THE FIRST PARTY
SIGNATURE OF THE ALLOTTEE

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@endsection