Value: Rs………………/-

Stamp: Rs………………../-
Ward: Aminabad
V-code: ….……………..

BUILDERS AGREEMENT
This Builder Agreement is made here on this ____day of
______2018 between:

1. Pervez Sheikh Fatehullah s/o Sheikh Abdullah r/o

186 Zakir Bagh, New Delhi – 110 025
2. Seema Sarwar d/o Sheikh Abdullah r/o 103,
Edgebrook Mews, NW CALGARY, AB, T3A 4L9.
CANADA through her Attorney Soheb Nasrullah
3. Soheb Nasrullah s/o Sheikh Abdullah r/o 186 Zakir
Bagh, New Delhi – 110 025 for self and attorney holder
for Seema Sarwar and Muzna Ahmad
4. Muzna Ahmad d/o Sheikh Abdullah r/o 23, Arlington
Avenue, Castle Hill, SW 5124 Australia through her
Attorney Soheb Nasrullah
hereinafter referred to as the “First Party” of the One
Part.

AND
1. Mohammad Farooq S/O Mohammad Zahir R/O 179
afzal mahal, Victoria street, opposite shia college,
Chowk, lucknow, Uttar Pradesh-226003
 2. Mohammad Fareed Siddiqui S/O Mohammad Farooq
Siddiqui R/O 179 Afzal mahal, Victoria street,
opposite shia college, Chowk, lucknow, Uttar Pradesh-
226003
hereinafter referred to as the “Second Party” of the
Other Part.

The expression of the terms First Party and the Second

Party, wherever they occur in the body of this Agreement shall
mean and include them, their legal heirs, successors, legal
representatives, executors, administrators, nominees and
assignees.

WHEREAS the First Party (Owner) is the absolute owner

of the property of building No. ____________ measuring 2160
sq.ft or 200.743 sq. mtr. Situated at Aminabad, Lucknow
(hereinafter called the “Said Property”).

AND WHEREAS the said owner (first party) has the

authority to deal with the said property in such manner as it
may deem fit.

And whereas the owners/first party is desirous of

developing the said property and they have no construction
experience. The second party has shown his interest to carry
out the development, construction and completion of the said
property bearing House No. ___________ measuring 2160 sq.ft
or 200.743 sq. mtr. situated at Aminabad, Lucknow
(hereinafter called the “Said Property”). Now both the parties
agreed to develop their said property.

AND WHEREAS the parties of the first part and second

part agree to develop, construct and build a building on the
said plot and shops of first party entirely at the cost of the
second party in terms of this agreement mutually entered and
executed between the parties of the first and second part
respectively on the terms and conditions contained
hereinafter.

And Whereas, the second party has agreed to get the

building plans sanctioned in the name of the first party as
mutual agreed upon at his own costs from the concerning
Authority. The First party has agreed only to sign the required
documents and appear in person wherever and whenever
necessary.

And Whereas, it has been mutually agreed between them,

that the proposed building shall be constructed by the
Builder/Second party comprising of Lower ground floor, Upper
ground floor, First floor and Second floor.
 Now through this Builder Agreement both the parties
agree on following terms and conditions:

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. That the subject matter of the Collaboration Agreement is

development and construction of the multi storied
commercial complex after demolition of present
construction existing aforesaid property.

2. That presently only one shop i.e. eastern shop on the

ground floor previously in the tenancy of Pratap Chand &
Brothers is vacant in the said property and rest all of the
property is occupied by various tenants/occupants the
Second party shall get vacated the entire said portion
from the tenants/occupants from his sources. The first
party will also participate in the negotiation for vacating
of shops from the tenants / occupants. The second party
will initially pay all the money involved in vacation of
shops but later on half of the said amount will be paid /
adjusted by the first party to the second party after the
completion of the proposed building.
3. That the physical possession of one shop i.e. eastern
shop on the ground floor previously in the tenancy of
Pratap Chand & Brothers which is in the position of the
owner/first party will deliver to builder/second party
through this agreement today and also rest of the portion
of the building property which is occupied by various
tenants/occupants is also deliver to the builder/second
party by owner/first party through this builder
agreement today. The Builder after taking the possession
of the said building shall demolish the entire constructed
portion existing there on and 50% malba of the said
property shall go in share of first party and balance 50%
malba of the said property shall go in share of second
party.

4. That the second party assured the first party that they
are financially capable to execute and complete the
present project without any interruption or delay.

5. That the first party has declared and the second party
has satisfied himself that the aforesaid property, the
subject of this agreement, is wholly free from all
encumbrances such as sale, gift, mortgage, stay, surety
and security, family disputes, acquisition, etc and is not
charged with the payment of any money, or liabilities etc.
 6. That in terms of this agreement, the second party will
construct the lower ground floor, upper ground floor, first
floor and second floor.

7. That in consideration of the first party permitting the

second party to build a multi storied commercial building
on their land, the first party shall get the following share
alongwith proportionate land area:-
55% portion of Lower ground floor North side,
55% portion of Upper ground floor North side,
55% portion of First floor North side, and
55% portion of Second floor on North side.

While the second party is entitled to get the following

share alongwith proportionate land area for all his work,
labour, promotion, investment and expenses in raising
the said construction.
45% portion of Lower ground floor South side,
45% portion of Upper ground floor South side,
45% portion of First floor South side, and
45% portion of Second floor on South side.

8. That the whole project shall be completed within 24

months period of time from the date of start of
construction after vacating by all the tenants or after
 demolition of the existing structure whichever is earlier.
After the vacation of the present building from its
occupants/tenants, the second party will demolish the
existing structure and thereafter prepare a map of the
proposed building according to which the second party
will raise the construction but the second party will not
start/commence the construction till the written approval
of the said working map is given by the first party.

9. That in case the second party does not complete the

construction within the stipulated period of 24 months
then the first party is entitled to get Rs 1000/= (Rupees
One Thousand only) per day from the second party as
damages for the delay caused by the second party. The
said amount of damages will be realized/adjusted from
the security amount of Rs 24 Lakhs (Rupees Twenty Four
Lakhs only) furnished by the second party.

10. That at the time of execution of this agreement the

second party shall pay Rs 8 Lakhs (Rupees Eight Lakhs
only) vide demand draft no xxxxxx dated DD/MM/YY
drawn on $$$$$$$ bank in favour of Pervez Sheikh
Fatehullah And Rs 16 Lakhs (Rupees Sixteen Lakhs)vide
demand draft no xxxxxx dated DD/MM/YY drawn on
$$$$$$$ bank in favour of Soheb Nasrullah for self and
for Seema Sarwar and Muzna Ahmad as their attorney
 holder, as the security amount to the First Party which
will be interest-free refundable after deducting /
adjusting amount payable by the second party to the first
party. It is further agreed that all expenses on
construction of the said building and on obtaining
permissions from concerned authorities for this purpose,
shall be borne by the second party only. It is also agreed
that the 55% ownership of the terrace will be of first
party and 45% of the second party only.

11. It is further agreed that the First Party shall adjust the
security amount to the Second Party after completion of
the said project and handing over of the possession of the
respective share to the first party.

12. That after the registration of this builder agreement, the

second party within six months thereafter, will negotiate
and settle finally with all the present tenants/occupants
for vacating their portions. Thereafter the first party will
hand over the possession to the second party of the
portions in their occupation and the second party will
demolish and construct the multi storied building
thereupon after getting approval/sanction from the
Concerning Authorities.
13. That the second party assured the first party that they
have the ability and financial capability to execute and
complete the present project without any interruption or
delay after vacating by all the tenants.

14. That the Builder/Second Party shall at his own cost,

expenses, risk and responsibility obtain such
permissions, sanctions, approval and extensions etc from
the competent Government / Public / Local authorities
for the said construction / development on the said
property while the first party will only sign and execute
requisite documents thereof.

15. That the builder/second party shall complete the

construction work including finishing etc in it’s entirely
within 24 months after getting possession from all the
tenants and demolition of the existing structure.

16. That the second party will provide Electric Load sanction
of the proposed site/Building at his own cost.

17. That the construction of the building will be carried out

by the Builder/Second party by using good quality of
materials which shall be in conformity of the existing
building bylaws.
18. That the builder/second party will also provide
permanent water pump, and water connection for the
construction purposes as also for the proposed building.

19. That the owners/first party shall bear all the outstanding
charges such as property tax, etc. up to the date of
signing of this agreement and during construction the
same will be borne by the builder/second party, whereas
there after both the parties or their nominees/assigns
shall bear the same in proportion to their shares of
constructed area in the building.

20. That the stairs shall be constructed from the Lower

ground floor leading to the top floor. The stairs shall
remain common and both the parties will co-operate with
each other for the use of the stairs from ground floor to
the top of the building. The design should be such that
the staircase affects the floor area of both parties equally.

21. That in case there is any accident in the aforesaid

construction project the builder/ second party shall be
fully responsible for the consequences of the same under
Workman Compensation Act or any other Act in force.

22. That the entire South portion of the said building shall
fall in the proportionate share of the second party while
 the entire North portion of the building shall fall in the
proportionate share of the first party.

23. That after construction of the said building the 55%

portion of Lower ground floor, 55% portion of Upper
ground floor, 55% portion of First floor and 55% portion
of Second floor and 55% terrace shall come in share of
the owners/first party and the rest 45% portion of Lower
ground floor, 45% portion of Upper ground floor, 45%
portion of First floor and 45% portion of Second floor and
45% terrace shall come in share of builders/in the said
building of the built-up property.

24. That, owners/first party shall have the right to sell, gift,
mortgage, lease etc of their northern share/ portion of
the said building while second party shall have also right
to sell, gift, mortgage etc. of their southern share of the
said building and both the parties can receive all the sale
consideration or advances thereof from the prospective
purchasers.
25. That after the completion of the building and after
handing over possession by the second party to the first
party of the portion allocated to the first party, the first
party will become the owner of all those portions and are
liable to pay all taxes and charges assessed by the Local
authorities in respect thereof. Similar conditions will also
apply to the portions allocated to the second party.
However, it may be clarified here that the second party
will remain liable to pay all the penalties, charges, taxes
etc imposed / demanded of all the building / property by
all L.D.A, Government or any Local authority in respect
of the period during construction and before handing
over possession.

26. That the roof above the portion allocated to the parties
will be in the exclusive ownership of that party and the
other party will have no right to interfere/encroach/use
the other portion.

27. That after the completion of the building, the parties

hereto will be free to transfer/assign their allocated
portion to other person/persons but the assignee,
transferee, successors will not do any business or work of
 manufacturing, machinery, alcoholic, explosive and
inflammable material / liquid.

28. That the second party will complete the inner portion of
the building with plaster on walls, tiles on floor and iron
shutters etc while on the outer portion, the second party
will complete the building in an excellent manner and the
common areas will be completed with tiles flooring, steel
railings and proper lighting and electric fittings.

29. That the second party will provide a bathroom facility in

the building with two urinals and one lavatory for male
and one lavatory for females.

30. That the second party shall bear and pay the bills of the
labour contractors, suppliers of building materials, wages
and salaries payable to the workmen and other persons
employed for the purposes of carrying out the
construction work.

31. That the second party shall also save harmless,

indemnify and keep indemnified the first party of any
claim that may be made by any one against the first
party on account of the second party carrying out the
said construction work.
32. That the second party shall raise the construction as per
P.W.D. specifications of first class with R.C.C. column
and slab.

33. That the second party shall be entitled to proceed with

the construction of the building on the said property and
build in accordance with the map agreed upon by both
the parties in writing and the second party shall
throughout hereafter and always save harmless and keep
indemnified the first party and their respective estates
and effects from and against all actions, charges,
expenses, wages, fines, penalties etc resulting on account
of any act or omission or any hereby delay or default on
the part of second party in raising the multistoried
building of any rules, regulations, terms or conditions or
otherwise.

34. That the second party shall pay all the fee/charges of the
Architect, R.C.C. Consultants, Engineers, Contractor,
Labourers etc appointed by him for the development of
the project and none of them can claim any fee or other
charges from the first party.

35. That the second party throughout the development, save

harmless and keep the first party indemnified of, from
and against all claims for the fee, charges, fines and
 other payments whatsoever which during the progress of
work may become payable or be demanded by the
development / Public / Local authority or authorities in
respect of the said work or anything done or caused to be
done or omitted to be done under the authority herein
contained and shall generally and from time to time,
discharge and pay as from the date of possession all
claims, rents, municipal taxes and other dues, duties or
impositions and burdens at any time here after
chargeable against the owner or occupier by statutes or
otherwise relating to the said property or any building
thereon as and when they shall become due and / or
payable and keep the first party indemnified of, from and
against the payment thereof.

36. That the first party will permit the second party and the
second party will remove / demolish the existing
structure and construct a multistoried building upon the
said property at his own costs, risks, expenses and
responsibility on “Principal to Principal” basis and not as
agent of first party.

37. That both the parties are entitles to book the portions
allotted to them of the proposed building for sale / rent
at the price settled by them and the other party will have
no concern with it. Further both the parties can receive
 the advance amounts from the proposed persons and the
other party has nothing to do with it.

38. That both the parties will have a right to execute deed of
the portions allocated to them after receiving all the
price. However there is no such requirement in the case
of letting out the portions on rent.

39. That the first party, at the time of granting possession,

shall grant to the second party a licence to enter upon
the said property as bare licensee only for enabling them
to develop the said property subject to the handing over
the portions as set out in para 9 (ratio 55:45) above. It is
hereby expressly agreed by and between the parties
hereto that the possession of the said property is not
being given or intended to be given to the second party in
part performance as contemplated by section 53A of
Transfer of property Act. The first party and the second
party hereby confirm that by virtue of the second party
entering upon the said property as licensee, the same
does not amount to take up possession of the said
property,
40. That the entire expenses include stamp duty etc required
for registration of this agreement shall be borne by the
builder/second party.

41. That change, modification or alteration to this agreement

will be made only with the written consent of both the
parties by way of supplementary agreement on Rs.100/=
(Rupees One Hundred only) stamp paper.

42. That after construction the said building should be

known as “Abdullah Complex”.

43. That if the second party violates any terms or conditions

stipulated in the agreement then the first party shall
have a right to get stop the construction being done by
the second party through civil court and for which the
second party shall have no objection.

44. That it shall be the responsibility of the second party to

complete the demolition and construction within the time
agreed between the parties. If the construction of the
building is completed as per terms and conditions settled
 between the parties and if the second party hand over the
possession to the first party of all the portion allocated to
them and also performed all the conditions contained in
the agreement then the first party shall join in the
execution of transfer deeds of the portions allocated to
the second party in favour of prospective
buyers/occupants.

45. That the building shall be deemed completed only after

the completion of all the demolition, construction and
finishing of whole building.

Description of the Property:-

BOUNDARY
East : Lane
West : Aminabad Road
North : Lane
South : Other Property (Arya Homeopathic)

IN FAITH AND TESTIMONY THE PARTIES HAVE PUT THEIR

HANDS ON THIS AGREEMENT AT LUCKNOW ON THIS __
DAY, OF MARCH, 2018 IN THE PRESENCE OF THE
FOLLOWING WITNESSES.
WITNESSES:

1. FIRST PARTY

2. SECOND PARTY/BUILDER