(Letter from the Seller, i.e. the current Allottee) Document No. 15 Date: M/s BPTP Limited M-11, Middle Circle, Connaught Circus, New Delhi 110 001 Sub: Nomination in the Plot/Flat Buyer s Agreement dated. Dear Sir, I/We entered into an Agreement No. dated Agreement for purchase of Flat/Plot bearing No. and Parking No. in your residential/group housing project at Faridabad/Gurgaon. I/We have already paid a sum of Rs. /- so far towards the cost of this property as per details below: Receipt No. Date Amount /- Receipt No. Date Amount /- Receipt No. Date Amount /- Receipt No. Date Amount /- I/We now want that the name of my NOMINEE (1) Sh./Smt. S/W/D/o R/o (2) Sh./Smt. S/W/D/o R/o be substituted in place of my/our name in the said Agreement and that the same be completed in his/her name. For the said substitution of the name, I/We am/are sending herewith all original documents to facilitate the matter. I/We would request you to kindly do the Nomination in your records by endorsing the original Agreement as well as the Receipts that are annexed herewith. After substitution of the name of the said Nominee, I/We shall have nothing to do with the said Agreement nor will we have any lien / right on the said property. This letter of mine requesting you for Nomination of my Nominee s name on the Agreement is irrevocable, and is not liable to be cancelled by anybody at any point of time in present or future. Out of the receipts issued by the Company for the sale consideration, I/We find that the following Receipts have been misplaced/lost. While I/We declare hereby that these Receipts were not used by me/us for any other purposes, I/We shall be returning them to the Company, as and when located. Meanwhile, I/We am/are furnishing the necessary Affidavit(s) and Indemnity Bond indemnifying the Company from any loss caused due to the lost Receipts as mentioned hereinabove. a) Receipt No. Date Amount /- b) Receipt No. Date Amount /- c) Receipt No. Date Amount /- I/We are enclosing my/our signatures duly verified by our banker for your record. You are requested to kindly do the needful. I know R/o personally, & he has signed all the Document in my presence. ( Buyer Signature ) Thanking you, Yours faithfully, (Name, address and signature of the Seller, i.e. the current allottee) 1
LETTER FROM THE BUYER/NOMINEE Document No. 16 M/S BPTP LIMITED M-11, Middle Circle, Connaught Circus, Connaught Place, New Delhi 110 001 SUB: Nomination in the Plot/Flat Buyer s Agreement dated for Flat/Plot No. Block in the Residential/Group Housing Project at Faridabad/Gurgaon Dear Sir, This is in reference to the Plot/Flat Buyer s Agreement dated Agreement executed by Sh./Smt. S/W/D/o R/o Original Allottee for the purchase of Flat/Plot No. and Parking No. in the residential/group housing project known as situated at Faridabad/Gurgaon, Haryana and has so far paid Rs. /- to the Company in terms of the said Agreement towards the part consideration. The Allottee has written a letter-dated to the company requesting you to take me/us as his/her Nominee for all future purposes. I/We assure you and declare that the aforesaid letter is signed before me/us and I/we shall be responsible for all consequences in case the executants of this letter dated denies the said authority. I/We shall be bound by all the terms and conditions of the Sale executed by the Original Allottee vide Agreement as the Nominee of the Original Allottee and undertakes to abide by all the terms and conditions of the Company. I/We also undertake to pay the entire balance dues of the consideration and other charges as per the terms and conditions of the Agreement to the Company as and when desired by the Company, after the request for Nomination is accepted by the Company. I/We now request you to kindly treat me/us as Nominee of the Original Allottee for all future purposes and execute/register the Sale Deed also in my/our favour on completing full payments for the property including Stamp duty & Registration charges etc. I/We also enclose herewith Receipt dated clearly mentioning therewith that I/We have already paid the amounts due to the Seller i.e. the Original Allottee of the amounts which they have paid to the Company, which is being transferred in our name, and the said Receipt is attached herewith. I/We further agree and undertake to execute any document that may be required by the Company at any point of time in present or future. I/We are also enclosing herewith my/our signatures duly verified by our Bankers. Thanking you Yours faithfully, I know R/o personally, & he has signed all the Document in my presence. ( Seller Signature ) Nominee/Buyer (Name, address and signature of the Buyer, i.e. the Nominee) 2
Date: Joint Letter Document No. 17 M/s BPTP Limited M-11, Middle Circle, Connaught Circus, New Delhi 110 001 Sub: Agreement No. dated for Flat/Plot No. and Parking No. in residential/group housing project at Faridabad/Gurgaon, Haryana Dear Sir, This is to inform you that I/we, the Allottees has/have received a total sum of Rs. /- from the Nominee(s) i.e. (1) Sh./Smt. S/W/D/o R/o (2) Sh./Smt. S/W/D/o R/o This amount includes the following (a) The amount of Rs. /- so far paid by the Allottee to the Company as per details below: Basic Sale Price Preferential Charges External Development Charges Contingency Deposit Maintenance Security Registration Charges & Stamp Duty Interest on Installments Cost of increase in area ----------------------------------- Total Rs. (b) Profit on Sale of the above property Rs. ----------------------------------- Grand Total Rs. ----------------------------------- You are requested to kindly adjust the amount of Rs. /- paid by me/us to the Company, as mentioned in (a) above to the account of the Nominee in your records for the subject property. The Allottee hereby confirms that he has received the amounts back from the Nominee as mentioned above, and the Nominee confirms that he/she has paid the amount to the Allottee through Cheque No. dated drawn on Bank. Thanking you, Yours faithfully, (Name, address and signature of the Nominator, i.e. current Allottee) (Name, address and signature of the Nominee, i.e. Buyer) 3
Document No. 18 (To be executed on a non-judicial Stamp Paper of Rs. 10/- and duly Notarized) AFFIDAVIT (AGREEMENT HOLDER) Affidavit of Sh./Smt. S/W/D of Sh. aged about years R/o do hereby solemnly affirm and declare as under: 1. That I have entered into a Flat/Plot Buyer s Agreement dated Agreement with M/s BPTP Ltd. and M/s Countrywide Promoters Pvt. Ltd. both having their registered office at M-11, Middle Circle, Connaught Circus, New Delhi-110001 hereinafter referred to as Company, for purchase of Flat/Plot No. in Block admeasuring sq. ft. ( sq. mtrs.) in the residential/group housing project known as at Faridabad/Gurgaon, Haryana hereinafter referred to as the Unit, as per the terms and conditions provided therein. Out of the total consideration besides other charges mentioned in the Agreement I/We have till date paid an amount of Rs. /- (Rupees only) as per details of Receipts given herein below, the originals whereof are annexed hereto; and that an amount Rs. /- (Rupees only) is however still due and payable by me/us under the said Agreement. a) cheque/draft No. dated receipt dated b) cheque/draft No. dated receipt dated 2. That pursuant to and in terms of Clause of the said Agreement, I hereby confirm to have, nominated Sh./Smt. S/W/D/o R/o hereinafter referred to as Nominee under the said Agreement and I/We had requested the Company to substitute the Nominee in place of me/us in the said Agreement. After substitution of the name of the Nominee, I/We shall cease to be the party(ies) to the said Agreement and shall not have any lien on the said Unit. This nomination is irrevocable and shall not be canceled by me at any point of time in future or present. Contd./p/2/ 4
:: 2 :: 3. That I/We confirm to have received Rs. /- (Rupees only) from the Nominee for the amounts already paid by me/us to the Company under the said Agreement. The Nominee shall pay the balance amount of sale consideration and other charges still due as per the Agreement to the Company directly. 4. That I/We have not violated any of the relevant provisions of law particular the provisions of Indian Stamp Act in making the aforesaid nomination by assignment of right under the said Agreement, and if there shall any liability, duty, penalty of whatever kind in this regard, I/We shall be exclusively liable and responsible therefore, and I/We do undertake to pay the same and do hereby indemnify and keep indemnified the Company against any loss, penalty damage that may be caused. 5. That I/We declare that the facts mentioned above are true and correct and nothing has been concealed and in case any consequences arise because of any false statement or concealment of any fact, I/We shall solely be responsible and liable; I/We do hereby indemnify the Company against any damage, loss, penalty and/or legal injury that may be caused in this behalf. 6. I/We do hereby identify the Nominee by attestation of his/her signatures and photographs. DEPONENT VERIFICATION Verified at New Delhi on day of 2006, that the contents of the foregoing paragraphs 1 to 6 are facts true to my knowledge and that no part of its is false and nothing is concealed therefrom. DEPONENT 5
Document No. 19 (To be executed on a non-judicial stamp paper of Rs. 10/- and duly Notarized) AFFIDAVIT (NOMINEE) Affidavit of Sh./Smt. S/W/D of Sh. aged about years R/o do hereby solemnly affirm and declare as under: 01. That in terms and pursuant to Clause of the Flat/Plot Buyer s Agreement dated Agreement entered into by Sh./Smt. hereinafter referred to as Original Allottee with M/s BPTP Ltd. and M/s Countrywide Promoters Pvt. Ltd. both having their registered office at M-11, Middle Circle, Connaught Circus, New Delhi-110001 hereinafter referred to as Company, for purchase of Flat/Plot No. in Block admeasuring sq. ft. ( sq. mtrs.) in the residential/group housing project known as at Faridabad/Gurgaon, Haryana. The said Original Allottee have nominated me by assigning his/her rights under the said Agreement and substituted me/us in place of the Original Allottee in the said Agreement. 02. That I/We shall be bound by all the terms and conditions of the said Agreement being the Nominee/substitute of the Original Allottee. 03. That I/We have paid a sum of Rs. /- (Rupees only) to the Original Allottee towards total consideration already paid by the Original Allottee to the Company as per the terms and conditions of the Agreement, copy of the receipts whereof are annexed hereto. I/We undertake to pay the balance sale consideration besides other charges of Rs. /- (Rupees only) as per the Agreement directly to the Company. Contd./p/2/ 6
:: 2 :: 04. That the Sale Deed in respect of the said Unit may be executed and registered in my/our favour after I/We have completed the full payment due to the Company on all accounts including registration charges and cost of stamp paper etc. and other charges due and payable by me/us. I/We undertake to pay Stamp-Duty registration charges and any other charges which shall be payable under law. 05. That I/We have not violated any of the relevant provisions of law, particularly the provisions of Indian Stamp Act in making the aforesaid nomination under the said Agreement, and if there shall liability, duty, and penalty of whatever kind in this regard, I/We shall be exclusively liable and responsible thereof. I/We do undertake to pay the same and do hereby indemnify and keep indemnified the Company against any loss, penalty damage that may be caused. 06. That the facts mentioned above are true and correct and nothing has been concealed and in case any consequences arise because of any false statement or concealment of any fact, I/We shall solely be responsible and liable; I/We do hereby indemnify the Company against any damage, loss, penalty and/or legal injury that may be caused in this behalf. DEPONENT VERIFICATION Verified at New Delhi on day of 2006, that the contents of the foregoing paragraphs 1 to 6 are facts true to my knowledge and that no part of its is false and nothing is concealed there from. DEPONENT 7
Document No. 20 To be executed on a non-judicial stamp paper of Rs. 100/- attested by a First Class Magistrate INDEMNITY CUM UNDERTAKING OF THE AGREEMENT HOLDER This Indemnity Bond cum Undertaking is made on this day of, 2006 by S/o aged about years R/o hereinafter referred to as the Indemnifier which expression shall include his/her/their heirs, successors, executors, assignees and administrators on the ONE PART. In favour of M/s BPTP Ltd., a company incorporated under the Companies Act, 1956 having its registered office at M-11, Middle Circle, Connaught Circus, New Delhi-11001 hereinafter referred to as the Beneficiary of the OTHER PART. AND WHEREAS the Indemnifier had entered into a Flat/Plot Buyer s Agreement dated Agreement with the Beneficiary and M/s Countrywide Promoters Pvt. Ltd. a Company duly incorporated under the Companies Act, 1956 having its registered office at M- 11, middle Circle, Connaught Circus, New Delhi-110001.for Flat/Plot No. on Block admeasuring sq. ft. ( sq. mtrs.) in the residential/group housing project known as at Faridabad/Gurgaon, Haryana hereinafter referred to as Unit Contd./p/2/ 8
:: 2 :: AND WHEREAS the Indemnifier out of the total sale consideration besides other charges as mentioned in the Agreement, till date has paid an amount of Rs. /- (Rupees only), details whereof are as follows and the original receipts are annexed hereto, a) cheque/draft No. dated receipt dated b) cheque/draft No. dated receipt dated AND WHEREAS an amount of Rs. /- (Rupees only) is still due and payable by the Indemnifier towards the sale consideration besides other charges for the said Unit in terms of the Agreement. AND WHEREAS the Indemnifier now wishes to transfer the said Unit as per clause of the Agreement in favour of his Nominee/Assignee Sh./Smt. S/W/D/o R/o (hereinafter referred to as the Nominee /Transferee) instead of his/her name. That the Indemnifier has requested the Beneficiary to assign the Agreement for the said Unit in the name of the aforesaid Nominee(s)/Transferee(s) in place of the Indemnifier and the Indemnifier has no objection in this regard. AND WHEREAS the Indemnifier is making the said nomination/transfer/assignment of the Agreement for the said Unit in favour of the Nominee(s)/Transferee(s) voluntarily and out of his own free will without any coercion from outside. NOW THIS INDEMNITY CUM UNDERTAKING WITNESS 1. That, the Indemnifier henceforth, after the transfer/nomination shall have no claim, right, title and interest whatsoever on the said Unit and on any amounts paid for the aforesaid purpose to the Beneficiary at any point of time in present or future. 2. That, the Indemnifier jointly and severally undertake to keep the Beneficiary, its successors and assigns harmless and indemnified against any claims, losses, damages, costs including litigation costs, etc. of all kinds whatsoever suffered or incurred directly or indirectly or in any manner whatsoever by the Beneficiary in respect of the Agreement for the said Unit on account of the Transfer/Nomination of the said Unit in favour of the aforesaid Nominee/Transferee at any point of time in present or future. Contd./p/3/ 9
:: 3 :: 3. That, the Indemnifier undertakes and agrees that the aforesaid Nominee(s)/Transferee(s) shall comply with all the terms and conditions, rules and regulations laid down by the Beneficiary Company for the said Unit in the aforesaid project of the Beneficiary Company from time to time. IN WITNESS WHEREOF I the above named have set my hands on these presents on the date hereinabove first mentioned in the presence of the witnesses who have also set and subscribed their respective hands in my presence and in the presence of each other. INDEMNIFIER/DEPONENT WITNESSESS: 1. 2. 10
Document No. 21 To be executed on a non-judicial stamp paper of Rs. 100/- attested by a First Class Magistrate INDEMNITY CUM UNDERTAKING OF THE NOMINEE THIS Indemnity Bond cum Undertaking is made on this day of, 2006 by S/o aged about years R/o hereinafter referred to as the Indemnifier which expression shall include his/her/their heirs, successors, executors, assignees and administrators on the one part. In favour of M/s BPTP Ltd., a company incorporated under the Companies Act, 1956 having its registered office at M-11, Middle Circle, Connaught Circus, New Delhi-11001 hereinafter referred to as the Beneficiary of the OTHER PART. AND WHEREAS Sh./Smt. S/W/D/o hereinafter referred to as Original Allottee had entered into a Flat/Plot Buyer s Agreement dated Agreement with the Beneficiary and M/s Countrywide Promoters Pvt. Ltd. a Company duly incorporated under the Companies Act, 1956 having its registered office at M-11, middle Circle, Connaught Circus, New Delhi-110001 for Flat/Plot No. in Block admeasuring sq. ft. ( sq. mtrs.) hereinafter referred to as Unit in the residential/group housing project known as at Faridabad/Gurgaon, Haryana hereinafter referred to as Unit. Contd./p/2/ 11
:: 2 :: AND WHEREAS the Indemnifier has already paid an amount of Rs. /- (Rupees only) as per the Agreement to the Original Allottee towards the sale consideration of the said Unit, details whereof are as follows and a) cheque/draft No. dated receipt dated b) cheque/draft No. dated receipt dated AND WHEREAS the Indemnifier is ready and willing and undertakes to pay the balance of the total sale consideration as per the Agreement i.e. Rs. /- to the Beneficiary directly on transfer of the said Unit in his/her favour. AND WHEREAS the Original Allottee has vide his/her letter dated to the Beneficiary had requested to surrender the said Unit and wish to Transfer/Nominate the same in my/our favour. That the Indemnifier has also requested the Beneficiary vide letter dated to transfer the said Unit in their name as the Nominee(s)/Transferee(s) in place of the Original Allottee. NOW THIS INDEMNITY CUM UNDERTAKING WITNESS 1. That, the Indemnifier, accept and agree with the terms and conditions as set out in the Agreement which he/she have fully understood and undertake to pay all charges and abide by all the terms and conditions of the Agreement and other terms imposed by the Beneficiary from time to time. 2. That, the Indemnifier, shall Indemnify the Beneficiary and keep the Beneficiary Indemnified against the loss and damages caused due to the claim of the transferor or any other person claiming under him for any right, title interest in the said Unit and any amounts paid for the aforesaid purpose to the Beneficiary at any point of time in present or future. 3. That, the Indemnifier, jointly and severally undertake to keep the Beneficiary, its successors and assigns harmless and indemnified against any claims, losses, damages, costs including litigation costs, etc. of all kinds whatsoever suffered or incurred directly or indirectly or in any manner whatsoever by the Beneficiary at any point of time in present or future, in respect of the Agreement on account of the Transfer/Nomination of the said Unit in favour of the Indemnifier. 4. That, the Indemnifier undertakes and agrees to comply with all the terms and conditions, rules and regulations laid down by the Beneficiary Company for the said Unit in the aforesaid project of the Beneficiary Company from time to time. 5. That, the Indemnifier undertakes and agrees to execute all other documents as the Beneficiary may feel necessary for the purposes of transfer/assignment of the Agreement and for execution of the Sale/Conveyance Deed in his/her favour for the said Unit at any point of time in present or future. Contd./p/3/ 12
:: 3 :: 6. That, the Indemnifier have not violated any of the relevant provisions of law particularly the provisions of Indian Stamp Act in making the aforesaid nomination by assignment of right under the said Agreement, and if there shall any liability, duty, penalty of whatever kind in this regard, the Indemnifier shall be exclusively liable and responsible therefore, and the Indemnifier do undertake to pay the same and do hereby indemnify and keep indemnified the Company against any loss, penalty damage that may be caused. IN WITNESS WHEREOF I the above named have set my hands on these presents on the date hereinabove first mentioned in the presence of the witnesses who have also set and subscribed their respective hands in my presence and in the presence of each other. WITNESSESS: INDEMNIFIER/DEPONENT 1. 2. 13