DEED OF ALLOTMENT AGREEMENT
THIS DEED OF ALLOTMENT AGREEMENT IS MADE ON THE DAY OF 29 TH AUGUST TWO
THOUSAND TWENTY THREE OF THE CHRISTIAN ERA.
BETWEEN
BHAIYA HOUSING LTD having its liaison office at House-106 (Palazza Primavera), Level-4 & 5,
Road-12, Block-E, Banani, Dhaka, Bangladesh and being incorporated under the Companies Act, 1994
and the company is represented by this Chief Executive Officer Mr. Bashir, hereinafter referred to as the
“LAND DEVELOPER” which expression unless otherwise repugnant to the subject matter or context
shall include its successors –in interested and assigns of the “FIRST PARTY”.
AND
MD. AMINUR RAHMAN, Son of MD.GOLALER RAHMAN (Name of nominee: Gulshana Akther,
NID No: 2832509299, Relation With Applicants- Spouse), Permanent Address: Holy Palace, 17/5,
Tallabagh, Sobhanbagh, P.O: Agargaon, P.S: Sher-E-Banglanagar, Dhanmondi, Dhaka-1207,
Profession- Business, Religion-Islam and Nationality–Bangladeshi by birth, NID No: 2382516850, here
in after referred to as the “ALLOTTEE” which expression where the context to admit shall include
his/her heirs, successors, administrators, executors, legal representatives and assigns of the “SECOND
PARTY”.
IN THE NAME OF ALMIGHTY ALLAH, THE MERCIFUL, THIS LETTER OF
AGREEMENT IS EXECUTED BY THE FIRST PARTY AND THE ALLOTTEE.
WHEREAS the FIRST PARTY, being the owner in possession by purchase of the properties of the
land project in the name and style “PINE CITY PURBACHAL” including the property described in
the schedule below.
AND WHEREAS the FIRST PARTY with intent to sell plots to the intending ALLOTTEES subject to
earth filling, preparation of residential plots and all other necessary development works has prepared a
lay-out plan of the housing project in the name and style “PINE CITY PURBACHAL”.
AND WHEREAS the ALLOTTEE has seen and accepted the layout plan of “PINE CITY
PURBACHAL” and on inspection of the documents/papers of title is satisfied about the title of the
LAND DEVELOPER company to the land described in the schedule below and on inspection of the
lands of “PINE CITY PURBACHAL” described in the schedule ‘A’ has selected and chosen to
purchase the plot described in schedule ‘B’ to be developed through the LAND DEVELOPER company.
AND WHEREAS the Plot # 32, Block # A, Area # 03 Katha, Face # South West (Corner), Road #
25/A of the layout plan of the LAND DEVELOPER company measuring more or less 03 (Three) Katha
has been allotted to the ALLOTTEE on their request.
Continued to Page # 2
Page # 02
NOW, THEREFORE, the parties mutually agree and declare as follows:
1. That upon discussion between both parties the land price of the schedule- plots has been agreed as
an amount of Tk 12,00,000/- (Taka Twelve Lac) only for (03) katha, at the rate of Tk. 4,00,000/-
(Taka Four Lac) only per katha Excluding development expenses of the undermarketed Schedule-
PLOT(s). The total amount is subjected to pay by the ALLOTTEE through Booking money, At A
Time under the file number PC-921 at, BHAIYA HOUSING LTD. Banani, Dhaka.
2. That the Mode of Payment of the total amount of money as the price of the Schedule–PLOT(s) to
be paid by the SECOND PARTY to the FIRST PARTY will be as follows:
(i) Already paid on 20.05.2023 as Booking Money Tk. 60,000/- (Taka Sixty Thousand only)
(ii) Already paid on 20.05.2023 as Down Payment1 Tk. 40,000/- (Taka Forty Thousand only)
(iii) Already paid on 27.08.2023 as Down Payment2 Tk. 2,60,000/- (Taka Two Lac Sixty
Thousand only)
(iv) To be paid on 30th day of every month as
Monthly Installment from 60 number of Tk. 14,000/-x 60 = 840,000/-
installments started from 28.08.2023
The detail Schedule of Payment is attached herewith as Annexure-1 and will be treated as a part of
this
Agreement.
3. That the ALLOTTEE delays of any Payment (including Partial payment) from its scheduled date
will be subject to auto impose of Monthly 2% delay charge by the upgraded computer software. If
it delays more than 180 (One Hundred & Eighty) days to pay installment/installments, the LAND
DEVELOPER company shall have the right to cancel the booking of the plot providing the notice
for thirty days to the ALLOTTEE. In the event of default and cancellation, the LAND
DEVELOPER company will pay back the amount by deducting 10% of the amount within 180
days.
4. That the land development expenses such as utility connection cost, registration related cost, etc.
which will be claimed at actual basis to the ALLOTTEE during the period when development
works will be started in the project, irrespective of the position of the regular Mode of Payment.
5. That the ALLOTTEE shall bear all expenses in connection with execution of Letter of Conveyance
for transfer of the plot in his favor such as Registration expenditure (Non-Judicial stamp duties,
Registration Fees, VAT etc.) or any other charges, service charge, fees, duties incurable in
connection therewith and all costs incidental thereto and consequential thereupon.
6. That the LAND DEVELOPER company reserves the right to change/modify/alter the layout plan
in the greater interest of the project or to follow any order / notice issued by related Government
Authorities. In such situation if the plot of the ALLOTTEE is dislocated, the LAND DEVELOPER
company will try to reallocate a similar nature of plot keeping in view the size and location of the
previous one, if available. Or else, the ALLOTTEE will accept the re-allocated plot for him having
the nature comparatively closure to the previously allocated plot.
Continued to Page # 3
Page # 03
7. That if the ALLOTTEE, after the payment of Booking Money and the Down Payment in time,
surrenders the allotment or the allotment letter is cancelled, refund of the amount if any, to be made
by the LAND DEVELOPER company to the ALLOTTEE after deducting a stipulated service charge
at the rate of 10% (Ten Percent) only on the total deposited amount for the Schedule - PLOT(s) after
06 (Six) months. But if surrender or cancellation of the Schedule-PLOT(s) takes place only after
payment of Booking Money and before payment of full Down Payment then 15% (Fifteen Percent)
of the deposited amount will be deducted as documentation and service charge. Any token or part
payment of Booking Money deposited will be forfeited in case of such surrender or cancellation.
8. That in case the project or any part of the project is abandoned due to any unavoidable reasons
beyond the control of the LAND DEVELOPER company or for any decision from any Government
authorities or for any act of God and the LAND DEVELOPER company fail to deliver the allotted
Schedule-PLOT(s) to the ALLOTTEE, the FIRST PARTY will try to accommodate an alternative
plot of similar nature closure to the Schedule-PLOT(s) in any other place with another set of terms
and conditions, as decided by the LAND DEVELOPER company. If the newly proposed/offered plot
is not acceptable to the ALLOTTEE, the FIRST PARTY will refund the full amount paid by the
ALLOTTEE within 180 days of the declaration of abandonment.
9. 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 in the prevailing rate. in case the area decreases, refund will be
available for the decrease area to the ALLOTTEE from the amount deposited against the plot.
10. That the LAND DEVELOPER company will try utmost to allot a plot as per initial booking by the
client. However, if registry is done in other location in that case the LAND DEVELOPER company
will immediately hand over the desired plot whenever the land comes in the possession of LAND
DEVELOPER company with free of charge.
11. After obtaining the registered Sales Deed from the FIRST PARTY, the SECOND PARTY may sell,
gift, donate, mortgage, transfer or dispose off the plot or any part thereof with intimation to the
FIRST PARTY. For such an act, the SECOND PARTY shall have to pay Tk.10,000.00 (Taka Ten
Thousand) only per Katha to the FIRST PARTY but in case of spouse, parents or children, the
amount will be Tk.5,000.00 (Taka Five Thousand) only per Katha. The SECOND PARTY shall have
to pay the further registration and other related costs. Only in case of death of the SECOND PARTY,
upon producing the legal proof such as succession certificate, nominee(s) will automatically get the
allotted plot in his/her/their name or according to the part transfer policy and the nominee(s) will
bear all the cost related to it.
12. That the allotted Schedule-PLOT(s) is solely for the purpose of construction of residential building
only as per the layout plan of the project. The ALLOTTEE is forbidden to utilize his/her/their
plot/building for usage of any other purposes and will be liable solely for this unless any other usage
is mentioned in the approved layout.
Continued to Page # 4
Page # 04
13. That the intention of the ALLOTTEE or any other authorized Developer / 3 rd party regarding any
kind of construction should be intimated in advance with the Customer Service Department of the
LAND DEVELOPER company to get a Clearance for any kind of construction. The ALLOTTEE
will show his/her/their allotment letter, all kinds of payment receipts, possession certificate,
registration deed, approved plan etc. and make the payment, if any, to get that clearance.
14. That the ALLOTTEE will erect the Boundary walls demarcating his/her/their plot immediately after
receipt of the possession certificate with the final measurement clearly indicates therein.
15. That the ALLOTTEE shall follow the rules, regulations and practices of concerned government
authority/authority formed in future to regulate the project as well as the LAND DEVELOPER
company in the construction of his/her/their house. He/She will be responsible for the consequences
if any arising out of his/her/their failure to follow or in any manner of violation of rules of the said
authorities as well as the LAND DEVELOPER company.
16. That the ALLOTTEE shall not in any manner use or carry out any job in any part of land of the
project which does not belong to his/her Schedule-PLOT(s) without prior permission of the Owner
of the respective part and /or LAND DEVELOPER company.
17. That the ALLOTTEE will upkeep the maintain cleanliness in and around his/her/their Schedule-
PLOT(s) and garbage should be disposed of in designated place and within the specified time to
prevent condition, which may cause health hazard in the neighborhood.
18. That the network for supply of water, electricity and gas line will be installed after total
development of the particular block of the project and the said utility services will be available to
the ALLOTTEE after completion of the network of the block subject to the payment of all costs and
incidental charges of utility connection by the ALLOTTEE.
19. That for the purpose of effective and efficient management, safety and security, proper maintenance
of the project, ensuring the common facilities & privileges (like toll etc.) provided therein, the LAND
DEVELOPER company will form an administrative wing to act as Project Authority. Representative
of this Project Authority and all the plot owners of this project shall jointly constitute a co-operative
society under Co-operative Societies Act. The co-operative society so formed and constituted shall be
entitled to work with the Project Authority of the LAND DEVELOPER company.
20. That the ALLOTTEE should pay the Reserve Fund to the LAND DEVELOPER company at the
rate of Tk.5,000.00 (Taka Five Thousand) only per Katha at the time of handing over of the
possession letter and physical possession of the Schedule Plot(s). The total fund collected from all
the plot owners of the project will be transferred to the Co-operative society of the project for the
welfare of the project.
Continued to Page # 5
Page # 05
21. That the LAND DEVELOPER company will hand over the Schedule-PLOT(s) to the ALLOTTEE by
31st December 2027 with consideration of 06 (six) months grace period unless the process of different
permissions from several govt. authorities is delayed from the stipulated timeframe or the delay in the
payment of price and / or development and utility cost of Schedule- PLOT(s) by the ALLOTTEE or the
process is affected by natural calamities, political unrest and disorders in locality or nationally, any
notifications from Government or for any reason beyond the control of the LAND DEVELOPER
company. In such cases, the Hand over schedule will may be extended relating to the settlement of that
reason and according to mutual understanding of both parties.
22. That upon receipt of full payment, the LAND DEVELOPER company will register the Schedule-
PLOT(s) in the name of the ALLOTTEE as security. In case, the Schedule-PLOT(s) thus allotted
to the ALLOTTEE does not match with the particulars as mentioned therein, then before handing
over the Schedule-PLOT(s) to the ALLOTTEE (for different location), the F IRST PARTY will
arrange a transfer deed specifying the actual final block, road, similar plot size and location etc.
23. That if in future any unintentional and unexpected defect or incorrect information or overlapping
description is detected in the above; the LAND DEVELOPER company shall have the right to
rectify the same through mutual discussion with the ALLOTTEE.
24. That the Application Form filled up with the attachment of the picture(s) for booking of the
Schedule-PLOT(s) shall be attached herewith and will be treated as a part of this Deed.
25. That the parties shall try to resolve any kind of disputes or misunderstanding arises, amicably by a
board of two arbitrators under the Arbitration Act 2001.
Continued to Page # 6
Page # 06
SCHEDULE “A”
All that piece of parcel of land measuring 03 Katha of land situated in District- Gazipur, P.S.- Kaligong,
Lands Covered by the land project in the name and style “PINE CITY PURBACHAL” being
implemented by the LAND DEVELOPER Company.
SCHEDULE ’B’
Plot # 32, Block # A, Area # 03 Katha, Face # South-West (Corner), Road # 25/A, File no. PC-921,
of the layout plan of the LAND DEVELOPER Company of “Bhaiya Housing Ltd” under Kaligong,
Gazipur.
For Bhaiya Housing Ltd.
WITNESSES
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1. LAND DEVELOPER
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2. ALLOTTEE