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Deed of Assignment

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0% found this document useful (0 votes)
17 views

Deed of Assignment

Uploaded by

mohdfaisalaorsc
Copyright
© © All Rights Reserved
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DEED OF ASSIGNMENT

THIS AGREEMENT is made at New Delhi on this 25 th day of June,

2024 by and between

1. Mr. Mohd Aslam Khan S/o Late Sh. Wasal Khan, R/o 14,

Nadir Ali Building, Meerut City currently living in Doha, Qatar.

2. Mr. Mohd Afzal Khan S/o Late Sh. Wasal Khan, R/o ________

(hereinafter called the “FIRST PARTY which expression shall

mean and include their heirs, successors, legal representatives

and assignees etc.).

AND

Mohd Asif Khan, S/o Mohd Ateek Khan, R/o 25, Hakeem

Mahmudul Haq Road, Meerut City -250002

(hereinafter called the “SECOND PARTY” which expression shall

mean and include their legal heirs, successors, legal

representatives and assignees etc.)

WHEREAS Mr. Wasal Khan S/o Kasim Khan is the recorded owner

of the land bearing Khasra No. 218, admeasuring 2 bigha 14 biswa

in the revenue estate of village Sikdarpur, Shahdara Delhi

presently known abadi Balbir Nagar, Shahdara, Delhi. Mr. Wasal

Khan was married to Smt. Rashid Fatima alias Lalli Begum. They
had two sons namely Mohd Aslam Khan and Mohd Afzal Khan as

their only legal heirs.

AND WHEREAS the wife of Mr. Wasal Khan, Smt. Rashid Fatima

alias Lalli Begum died on 28.12.1991. Mr. Wasal Khan died on

11.11.1996. Thus, Mohd Aslam Khan and Mohd Afzal Khan are

left behind the only legal heirs of Mr. Wasal Khan and all rights,

title and interest of the aforesaid land of late Wasal Khan devolved

upon the aforesaid legal heirs.

AND WHEREAS some litigations/court cases were/are pending in

the various courts with respect to the aforesaid land of Mr. Wasal

Khan bearing khasra no. 2018 in the revenue estate of village

Sikdarpur, Shahdara, Delhi and despite being the owner of the

said land, the First Party is unable to use the said land for their

own benefit and they are also unable to sell out the land to third

party.

AND WHEREAS in view of the aforesaid litigation with respect to

the land bearing Khasra No. 218, the first party wishes to clear the

aforesaid land from the aforesaid litigations/court cases and all

sort of disputes whatsoever and use the said land for their benefit

or sell out the said land to third party.

AND WHEREAS the First Party approached the second party for

clearing the said land in question from all sort of disputes

including handling the court cases or to procure the purchaser of


the said land on as is where is basis and bear all the expenses to

be incurred thereon and in lieu of the same, the First Party offered

to Second Party to assign/sell/transfer the 20% shares of all their

rights, title and interest, and claims in the said land bearing

Khasra No. 218, admeasuring 2 bigha, 14 biswa situated in the

Village Sikdarpur, Shahdara, Delhi in favour of Second Party for a

total consideration of Rs. 1,00000/- (One Lakh Only). The Second

Party has willingly agreed to the said assignment/sell/transfer of

the 20% shares to him of all their rights, title and interest, and

claims of the said land in lieu of providing services of clearing the

said land from all sort of disputes including handling the court

cases or to procure the purchaser of the said land on as is where

is basis and bearing the expenses to be incurred thereon from the

date hereof for a total consideration of Rs. 1,00,000/- (Rs. One

Lakhs Only).

NOW THIS ASSIGNMENT WITNESSETH AS UNDER:

1. That towards the full and final agreed sale consideration of

Rs. 1,00,000/-(Rs. One Lakhs Only), Mr. Mohd Aslam Khan

and Mohd Afzal Khan (Rs. 50,000/- each) on behalf of First

Party received the amount in cash from the Second Party.

The First Party hereby acknowledged the receipt of the

aforesaid cash amount respectively.


2. The First Party undertake that they will execute and get

registered the Sell Deed-Cum-Assignment Deed of 20%

share of the said land before the Sub Registrar as and when

required.

3. That the First Party admit that they will have no rights, title,

interest, or claims, with respect to 20% shares/ownership in

the aforesaid land or any rights to be secured above in the

said 20% share and the Second Party will become absolute

20% shared owner of the land in question.

4. That the First Party admit that the Second Party are fully

entitled to substitute their own names as co owners in the

any petition/reference/application/suit in relation to

aforesaid land. The Vendors/Assignees shall not raise any

objection at any stage to the same.

5. That the First Party will left with no rights, title, interest,

claim shares or concern of any nature or any kind

whatsoever with the said 20% shared owner of land and any

rights accrued therein and the Second Party will become the

absolute owners of the same hereinafter.

6. That the First Party have assured the Second Party that they

have not entered into any agreement with anyone else nor

have transfer rights in the said land in question and they

further admit and declare that if found and proved


otherwise, then the First Party are liable and responsible to

make good the losses suffered by the Second Party in

respect of the same.

7. That the First Party hereby further declare that by virtue of

Assignment to sell executed by First Party in favour of the

Second Party, the Second Party are fully legally entitled to

execute any decree to be passed with respect of his 20%

share his favour in his own name as co owners and the First

Party or their legal heirs or successors shall have no rights,

claim, interest to challenge the same at any time hereinafter.

08. That the First Party shall also sign all the relevant or any

document or other documents or their nominees without

asking or demanding any further amount in respect of the

aforesaid land at any stage under any circumstances

whatsoever.

09. That the First Party after execution of this agreement or

execution and registration of Sale Deed-Cum-Assignment

Deed shall present themselves or through their registered

General Power of Attorney, as and when required by the

Second Party to do so before any court or authorities for

substitution of Second Party name or for payment of amount

or for releasing/restoring land and for recording their

statements regarding sale, transfer and assignment of their


share in respect of their above lands and/or for any purpose

in respect of the aforesaid lands.

13. That the Second Party shall present themselves in the office

of any authorities, District Court, Higher Courts as co

owners of released land or of all compensation rights and get

the cheque or vouchers of the compensation or any amount

in their own names in respect of aforesaid 20% shares.

14. That the First Party have fully understood the contents of

the aforesaid Agreement and Assignment executed and have

signed this agreement and will also sign execute and get

registered Assignment Deed-Cum-Sale Deed as and when

required without any pressure, undue influence, coercion,

fraud or misrepresentation of any kind whatsoever from any

quarter.

15. That the First Party hereby admit that they will left with no

rights, title or interest or share or claim of any kind

whatsoever and will give up/relinquish and release in favour

of Second Party the aforesaid 20% share in land

/compensation amount/ actionable claim.

16. That the First Party admit that Second Party will be fully

entitled to substitute themselves their own names as co

owners in the reference petitions/awards/decree mentioned


above in place of First Party and the conduct, contest and

prosecute and continue the same in their own names.

17. That the First Party admit that the Second Party will be fully

entitled to receive and recover all the settled amount and as

well as actionable claims in respect of his 20% shares.

18. That the Second Party will also be entitled to contest the

appeals, writs petitions, revisions and reference etc. filed by

the First Party for the acquisition/settlement/determination

of compensation amount/actionable claim for the said

compensation/actionable claim, if any in respect of the

aforesaid land and to receive the same from the concerned

authorities including Land Acquisition Collector, Courts,

Department of Government of India/Delhi

Administration/Union of India in their own names.

19. The Second Party can further sell, transfer, assign all their

rights in respect of aforesaid 20% of the released/restored

land to any other person they likes jointly or severally and

the First Party shall not raise any objection to the same.

20. That all expenses of this Deed i.e Stamp Duty etc. has been

paid and borne by Second Party.

IN WHITNESSES WHEREOF, the First Party have signed and

thumb marked this Assignment Deed- Cum- Sale Deed at New


Delhi on this _______day of July, 2024 in the presence of the

following witnesses.

Place: New Delhi Dated:

1st Witness First Party

1.

2.

3.

2nd Witness SECOND PARTY

1.

2.

3.

4.

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