AGREEMENT FOR SALE Agreement for Sale made at …………..on this day of , in the year2018. BETWEEN ASHTAVINAYAK LAND DEVELOPERS, a Partnership firm, having its registered office S No. 3229/A, Agrawal Lottery, Agra Road, Opposite to hotel Sher E Panjab, Dhule, holding PAN Card bearing No.ABJFA3950D, with its Partners (A) Mr. Sunil Shantilal Agrawal, age 49 years, Occ - Business, holding PAN Card bearing No.---------------------, (B) Mr. Rajesh Shantilal Agrawal, age 45 years, Occ - Business, holding PAN Card bearing No.---------------------,R/o- 14, Kotwal Nagar, Dudh dairy road, Dhule, (C) Mr. Satish Bhikchand Agrawal, age 50 years, Occ - Business, holding PAN Card bearing No.---------------------,R/o- Shital Plaza Apartment, Badgujar Plot, Dhule, (D) Mr. Dinesh Manohar Sharma, age 32 years, Occ - Business, holding PAN Card bearing No.---------------------,R/o- 44, Bhaiji Nagar, Chakkarbardi Road, Dhule, (E) Mr. Devendra Sahebrao Patil, age 41 years, Occ - Business, holding PAN Card bearing No.---------------------R/o- 47, Shahu Nagar, Devpur, Dhule, (F) Mr. Dipak Bhatulal Sharma, age 42 years, Occ - Business, holding PAN Card bearing No.--------------------, 1 (G) Mrs. Amandeep Dipak Sharma, age 36 years, Occ - Business, holding PAN Card bearing No.---------------------, both R/o- Near Indore Tyre, Malegaon Road, Dhule, (H) Mr. Shailesh Rajanikant Kamdar, (HUF), age 41 years, Occ - Business, holding PAN Card bearing No.--------------------, R/o- Agrawal Nagar, Near Om Critical Hospital, Dhule, (I) Mr. Kishore Harakchand Bhandari, (HUF) age 50 years, Occ - Business, holding PAN Card bearing No.---------------------,R/o- 3552, Champabagh, Sakri Road, Dhule, (J) Mr. Anup Subhash Gindodiya, age 45 years, Occ - Business, holding PAN Card bearing No.---------------------,R/o- 101, Jinbala Apartment, Agrawal Nagar, Malegaon Road, Dhule. (Hereinafter called “PROMOTOR /DEVELOPER/S,” which expression shall unless it be repugnant to the context or meaning thereof mean and include its successors in title, executors, administrators, legal heirs, authorized representatives and assigns) of the FIRST PART: A N D 1. MRS……….., daughter of ……….. and wife of Mr…………., aged ……….years, married, Service, holding PAN Card No…………., Aadhaar card No.7……………., Mobile No…………………… and her husband, 2. MR……………., son of …………., aged ……………. years, married, Service, holding PAN Card No……………….., Aadhaar Card No……………, Mobile No. ……………….., hereinafter 2 called the “PURCHASER/S” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean include his/her heirs, legal representatives, executors, administrators and assigns) of the SECOND PART (Hereinafter called “THE PURCHASER/S”, which expression shall unless it be repugnant to the context or meaning thereof mean & include his/her/their respective legal heirs, executors, administrators, legal representatives and assigns) of the SECOND PART. WHEREAS the Developer/Promotor is absolute and lawful Owner of the properties bearing Gat No.152/1, 152/2, 153/3, 152/4 total area admeasuring 20,800 Sq.mts, situated at Walwadi, Tal. & Dist. Dhule, vide sale deed of Gat No. 152/1 & 152/2 dated 14.12.2017 registered as document No. 6257‐2017 at the office of the sub registrar Dhule, sale deed of Gat No. 152/3 dated 09.02.2018 registered as document No. 719‐2018 at the office of the sub registrar Dhule, sale deed of Gat No. 152/4 dated 09.02.2018 registered as document No. 714‐2018 at the office of the sub registrar Dhule, and more particularly described in the FIRST SCHEDULE hereunder and hereinafter referred to as “The project land”; AND WHEREAS the said Land is earmarked for the purpose of plotted development of a Residential project, comprising 101 plots and said project shall be known as “‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐” AND WHEREAS the said property converted into Non‐Agriculture purpose by The Collector of Dhule wide their N.A. Order No. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐; AND WHEREAS the said Promotor/Developers/s have accordingly commenced a Residential scheme/project known as “‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐” 3 with various Residential Plots on the said property pursuant to the plans duly sanctioned by the concerned local authority; AND WHEREAS the Promotor/Developer/s has obtained the commencement certificate to develop the project vide approval dated‐‐‐‐‐‐‐ bearing No.‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐. AND WHEREAS the Promotor/Developer/s has obtained the final layout plan approvals for the project from Town and planning Depatment, Dhule. The promoters agrees and undertake that it shall not make any changes to these layout plans except in strict compliance with Section 14 of the Act and other laws as applicable. AND WHEREAS the title of the said Land in respect of the said property has been certified by legal advisor of the said Promotor/Developer/s i.e. Adv. Subhash G. Vispute, Dhule. AND WHEREAS the Promotor/Developer herein has entered into standard agreement with Architect ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ duly registered with the Council of Architects; AND WHEREAS the Developer has registered the project under provisions of the Act with the Real Estate Regulatory Authority at _______no__________; authenticated copy is attached; AND WHEREAS the said Promoter/Developer has agreed to sell and the Purchaser/s has/have agreed to purchase a Plot No. as per the booking plan which is made on the basis of the Sanctioned plans of ER. Ankit K. Bhandari which is sanctioned by Town Planning Dhule stated herein above in the said Project Land (hereinafter referred to as the said “Plot/ Premises”) more particularly described in Schedule A appearing hereafter, on ownership basis for the price & on the terms & conditions herein after 4 appearing; AND WHEREAS the Purchaser/s confirm/s that the said Promoter/Developers have given inspection of originals of all the aforesaid documents as well as all necessary information promptly to the Purchaser/s prior to the date of entering into these presents; AND WHEREAS the Purchaser/s is/are aware of the fact that the said Promoter/ Developer/s has/have entered into or will enter into similar and/or separate agreement/s with several other person/s and party/ies in respect of other Plot/premises in the said Land; AND WHEREAS relying on the Purchaser/s representation and assurance, the said Promoter/Developer/s herein has agreed to sell and the Purchaser/s herein has agreed to purchase a premises more particularly described in Schedule A hereunder and as delineated and identified in Schedule B and Annexure D hereunder at or for the total consideration as detailed and hereunder written. AND WHEREAS relying upon the said request, the said Promoter/ Developer/s agreed to sell to the Purchaser/s the said Plot for the price and on the terms & conditions hereinafter appearing; AND WHEREAS as per statutory requirements, the Promoter is required to execute a written Agreement for sale of said Plot with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the said Plot/ Premises and the garage/covered parking (if applicable). 5 AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation and Development)Act,2016 with the Real Estate Regulatory Authority at ________________no._________ NOW THIS AGREEMENT WITNESSETH AND IT IS HERE BY AGREED, DECLARED AND RECORDED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. CONSTRUCTION AND DEVELOPMENT OF THE SAID SCHEDULE‐IPROPERTY. The Promoter/Developer/s herein have commenced the develop work of the Plot on the said First Schedule as per the layout plan approved under the project known under the name and style as “‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐”. The Promoter/Developer herein is developing the said property in accordance with the plans, designs, specifications approved by the concerned Local Authority and which have been seen and approved by the Purchaser/s with only such variations and modifications as Developers may consider necessary or may be required and mandated by the concerned Local Authority. 2. AGREEMENT AND CONSIDERATION A. Subject to the other terms and conditions herein and relying on the Purchaser/s representation/s and assurance/s, the Promoter/Developer herein has agreed to sell the Plot No. admeasuring Area ‐‐‐‐‐‐‐‐‐ Square Meters and plot for garage/closed parking admeasuring ‐‐‐‐‐‐‐ Square Meters, in the Project named as “__________________” being constructed on the said property more particularly described in First Schedule hereunder written and the Purchaser/s has/have agreed to purchase the same (hereinafter called and referred to as the 'Said Plot/Premises', for the sake of brevity and convenience which is more particularly described in Schedule A hereunder written) at or for 6 total lumpsum consideration of Rs. /‐(Rupees Only) and this amount is inclusive of the price for the said Plot and Proportionate share in the common areas and amenities but excluding all other expenses, charges and statutory separately mentioned herein below. B. The Allottee has paid on or before execution of this agreement a sum of Rs (Rupees ________________________only)(not exceeding 10% of the total consideration) as advance payment or application (booking) fee and hereby agrees to pay to that Promoter the balance amount of Rs ............................( Rupees ......................................) in the following manner :‐ C. The above mentioned price is a Plot price and the area mentioned is for the purpose of paying Stamp Duty as prescribed by the registration authorities and this is not a Sq. Ft. deal but a package deal and on the terms and conditions hereinafter appearing including price for proportionate of the common areas & facilities appurtenant to the said Plot, the subject to the encumbrances of the limited areas & facilities but excluding all expenses of stamp duty and registration fees, Service Tax, Value Added Tax (VAT), Local Body Tax (LBT), Goods & Service Tax (GST), any other incidental and applicable Indirect Tax etc., which will have to be paid by the Purchaser/s to the Builder or concerned authority separately. D. The Purchaser/s herein shall pay the aforesaid agreed consideration to the Promoter/Developer herein under terms of the deal arrived at between them in the manner as detailed hereunder: PAYMENT SCHEDULE Particulars Percentage Amount (in Rs.) At the time of booking 10% 7 Immediately upon and after execution and 20% registration of Agreement to Sell After completion of internal roads 30% After completion of the water pumps, electrical fittings, 30% electro, mechanical and environment requirement, entrance lobby/s, paving of areas appertain and all other requirement as may be prescribed in the agreement of sale in which the said Plot is located. 10% At the time of Handing Over E. Apart from the above consideration amount the Purchaser/s herein has/have agreed to pay 4.50% towards the Service Tax and 1% towards VAT of the said Agreement Value to the Developer herein. However if, anytime in future the Government of India implements Goods and Service Tax or any other incidental indirect / direct tax/es, then the Purchaser shall be liable to pay the Goods and Service Tax and or other taxes as per the prescribed rate notified by the said Government. The rates specified herein (Service Tax and Vat) are as per the current prevailing rules prescribed by Government. However, the current rates may vary from time to time as per the notifications issued by the Government and the Purchaser/s shall pay the same accordingly. F. The Purchaser/s herein shall pay the aforesaid amount on the due date or within seven days from the Promoter/Developer giving the written intimation to the Purchaser/s calling upon the Purchaser/s to make the payment. It is hereby agreed that the time for payment as specified herein above is the essence of this contract and on failure of the Purchaser/s to pay the same on due dates, it shall be deemed that the Purchaser/s has/ have committed breach of this Agreement and in such case the Promoter/Developer shall be entitled to take necessary action against the Purchaser/s. The Purchaser/s agree/s not to question or challenge the said consideration, the same having been settled on lumpsum basis after 8 considering all aspects and other terms of the agreement. G. Payment of any installment if made in advance shall be adjusted to the installments as mentioned herein above. No interest shall be paid by the Promoter/Developer for such advance payments made by the Purchaser/s or Housing Finance Companies/Banks, etc. H. The Total price is escalation‐free, save and except escalations due to increase on account of development charges payable to the Competent Authority and/or any other increase in charges which may be levied or imposed by the Competent Authority, Local Bodies/Government from time to time. The Promoter/Developer undertakes and agrees that while raising a demand on the Purchaser/s for increase in development charges, cost or levies imposed by the competent authorities etc., the Promoter/Developer shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Purchaser, which shall only be applicable on subsequent payments. 3. MODE OFPAYMENT The Purchaser/s shall make all the payments by RTGS (IFSC CODE , MICR ), demand draft or by local 'A/C Payee' cheques drawn in favour of ‘ Bank A/c No. ' payable at ___________or at par at these stations. Only after the Cheque/Demand Draft has been cleared and the amount has been credited to the Promoter/Developer’s banking account, the Promoter/Developer shall give effect of the same to the account of the Plot Purchaser/s with such amount after deducting the commission of the Bank, (if any) charged by the bank. 4. CONDITIONS OF SANCTIONING AUTHORITY 9 It is hereby agreed that the Promoter/Developer and the Purchaser/s shall observe and perform and comply with all terms and conditions, stipulations, restrictions, if any, which have been or which may be imposed by Local Authority at the time of sanctioning or revising the plans or any time thereafter and shall, before handing over possession of the said Plot to the Purchaser/s. 5. DELAY IN PAYMENT Without prejudice to the right of the Promoter/Developer to take action for breach arising out of delay in payment of the installments on the due dates and other expenses, the Purchaser/s shall be bound and liable to pay interest at the rate of 2% + prevailing highest MCLR rate of State Bank of India, on all the amounts which become due and payable by the Purchaser/s to the Promoter/Developer till the date of actual payment. Provided that tender of the principle amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter/Developer under this Agreement, nor shall it be construed as condonation of the delay by the Promoter/Developer. 6. REVISED SANCTIONED OF PLAN A. The Purchaser/s hereby give/s his/ her/ their irrevocable consent to the Promoter/Developer herein to make such alteration, modifications, revision in the sanctioned plan/s of the said plot/s as the Promoter/Developer in its sole discretion thinks fit and proper provided the Promoter/Developers has obtained consent from at least 2/3 rd Purchaser/s and/or such modifications, revisions and alterations which are necessary in pursuance of any law, rules, regulations, order, or request made by the Local Authority, Planning Authority, Competent Authority or Government or any officer of any local authority wherein the consent from Purchaser/s is not required. 10 7. USE OF SAID PLOT The Purchaser/s shall use the said Plot and every part thereof and/or permit the same to be used only for the purpose of Residence. 8. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL AUTHORITY It is hereby agreed that subject to the terms of this Agreement, the Purchaser/s shall observe and perform and comply with all terms and conditions, stipulations, restrictions, if any, which have been or which may be imposed by the Local Authority, State and/or Central Government including Environment Department etc. at the time of sanctioning of the plans or at the time of granting Completion Certificate. The Purchaser pays all dues, advances, deposits, etc. payable under this Agreement in respect of the said Plot to the Promoter and has signed the Possession documents, Bonds, Receipts, etc. 9. POSSESSION OF THE SAID PREMISES A. The Promoter/Developers shall give possession to the Purchaser/s of Plot on or before___________ to the Purchaser/s and after receipt of final consideration amount along with all other amount such as Service Tax/ VAT/ GST, all statutory dues and taxes and Maintenance Charges etc. from the Purchaser/s. It is specifically understood between the parties hereunto that on the purchaser/s fulfilling his/ her/ their part of the agreement, the said possession shall be confirmed, on receipt of the Completion Certificate from the Local Authority. B. If the Promoter/Developer fails to hand over the possession for the reasons beyond its control or within the extended period mentioned under Section 18 of Real Estate (Regulation and Development) Act, 11 2016 then the Promoter/Developer shall be liable, on demand, to refund to the Purchaser/s the amount already received by the Promoter/Developer in respect of the said Plot with2%+ prevailing highest MCLR rate of State Bank of India, from the date the Promoter/Developer received the said sum till the date the amount and interest is repaid. The said amount together with interest shall be refunded by the Promoter/Developer to the Purchaser/s, within 45 days of such demand. However, the Purchaser/s shall have no charge on the said Row house, of whatsoever nature. Provided that the Promoter/Developer shall be entitled to reasonable extension of time for giving possession of the said Plot by the aforesaid period, if the construction and completion of development of said land in which the said Plot is situated is delayed on account of : i) non‐availability of steel and/or cement or any such building material or by reason of war, civil commotion or any Act of God or any prohibitory order of any Court against development of the said plot; or ii) any notices, orders, rules or notification of the Government and/or other public or Competent Authority; or iii)changes in any rules, regulation, bye‐laws of various statutory bodies and authorities affecting the development and the project; or iv) delaying ran to fany NOC/permission/license/connection for installation of any services, such as lifts, electricity and water connections and meters to the project/premises/road or Completion Certificate from the appropriate authority; or v) Any stay or injunction order from any Court; vi) Pendency of any litigation; or 12 vii) In case of delay or default in payment of dues by the Purchasers under these presents. C. Before delivery of possession of the said Plot, the Purchaser/s shall satisfy himself/herself/themselves about the correctness of area of the said Plot and about the quality of construction work and specifications/ amenities provided. Thereafter the Purchaser/s shall not be entitled to make any complaint in this particular regard and all the rights regarding the same shall be deemed to have been waived. The Purchaser/s after receiving the possession of the said Plot has to duly verify all that has been handed over in this regard. The Promoter/Developer shall ensure that the handover of possession is conducted smoothly and due acknowledgement in writing is taken from the Purchaser as to his/her/its satisfaction regarding the same. D. After the possession of the Plot is handed over, if any, work thereafter is required to be carried out by the Government or Municipality or any / Cantonment Board / Statutory Authority, the same shall be carried out by the Purchaser/s in co‐operation with the other Purchaser/s of the Plots and /or the Ultimate Organization in the said purchasers at their own costs and the Promoter/Developer shall not be in any manner liable or responsible for the same provided the Promoter/Developer has duly discharged its duties in all aspects and that it is out of purview of Promoter/Developers duties and responsibilities under these presents. E. The Promoter/Developer shall give possession of the Said Plot to the Purchaser/s on or before the date prescribed herein above and on receiving all the dues payable by the Purchaser/s to the Developer, if any. The Purchaser/s hereby agrees and confirms that he/she/them does not have any objection with regard to receiving the possession of the Said Plot at such early date from the Promoter/developer herein and, as such, hereby admits and undertakes to make payment of full consideration in 13 respect of the Said Plot and all other amounts payable by the Purchaser/s in respect of the Said Plot at such early date, in the event the Promoter/Developer is able to expedite the development of the Said Plot and handover the possession of the same at such early date. It is clarified that in the event the builder provides the possession of the Said Plot to the Purchaser/s at such early date, then such early date on which the Promoter/Developer offers the possession of the Said Plot shall be construed as the possession date under this agreement and not otherwise. However, the Purchaser/s is/are well aware of the fact that regarding possession of the said Plot, if the Purchaser/s delays in acquiring possession for whatsoever reason, he/she/they shall be liable to pay interest/penalty in respect of handling charges amounting to a sum equivalent to balance (pending) consideration (if any) with interest thereupon together with actual maintenance charges incurred and the prevailing rental rate calculated on a per month basis for every delayed month. 10. TITLE A. The Promoter/Developer has made full and true disclosure to the Purchaser/s of the title of the said Land as well as the encumbrances, presently known to the Promoter/Developer. The Promoter/Developer has also disclosed to the Purchaser/s nature of its right, title and interest to construct building/s and to develop the said land. The Promoter/ Developer has also given inspection of all the relevant documents as required by law. The Purchaser/s having acquainted himself/ herself/ themselves with all the facts and right of the Promoter/Developer pertaining to the said Land has entered into this Agreement. B. The Promoter/Developer herein has also requested the Purchaser/s to carry out its own search and to investigate the title of the said Land for that matter any other due diligence activity to be done on its own accord 14 for which all necessary disclosure shall be provided by the Promoter/Developer. The Purchaser/s hereinafter has/have investigated the title of the Promoter/Developer to the said Land and after being completely satisfied has/have entered into the present Agreement. The Purchaser/s henceforth shall not be entitled to challenge or question the title and the right/ authority of the Promoter/Developer in respect of the said land and to enter into this Agreement. 11. TAXES AND OTHER LEVIES A. The levies of any tax/duty/charges/premium/levies/cess / surcharge / demands / welfare fund or any fund /betterment tax/ sales tax / transfer tax / turnover tax / works contract tax / service tax, VAT, penalties etc. by Central Government / State Government / Local authority / Revenue Authority / any other authority / any court / Judicial Authority / Quasi Judicial Authority by way of any Statute / rule / regulation / notification / order / judgment /executive power etc. and put in force or shall be in force prospectively or retrospectively, in respect of the said Row house or the construction for execution of the said Agreement or other document registered or the transaction herein, shall exclusively be borne and paid (and if the same is paid by the Promoter/Developer then reimbursed) by the Purchaser/s. The Purchaser/s hereby indemnifies the Promoter/ Developer from all such levies, cost and consequences. B. The Purchaser/s shall be liable to pay all taxes (direct/ indirect). The Promoter/Developer shall not be liable and / or responsible for payment thereof. In the event, however if the Promoter/ Developer is constrained to pay any such amount, the Purchaser/s shall be liable to reimburse the same to the Promoter/ Developer together with penalty (if any) and interest from the date of payment by the Promoter/ Developer. It is agreed that the Promoter/Developer shall have the right to claim such amount along with other claims of compensation/losses/burden 15 undergone/undertaken by him. It is further agreed that there shall be a charge / lien on the said Row house in favour of the Promoter/Developer in case of non‐ payment of amount by the Purchaser/s towards the Service Tax / VAT /GST and / or any other tax, duty, charge, premium, levies, cess, surcharge, penalties etc. relating to this transaction(Agreement). 12. OTHEREXPENSES A. The Purchaser/s shall pay any additional increased taxes, insurance etc. which are imposed by the concerned Local Authority and / or the Government (State and / or Central) and / or other Public Authority on account of change of user of the said Plot by the Purchaser/s. B. It is agreed and understood between the parties herein that the Purchaser/s shall contribute towards expenses for stamp duty, registration charges, other incidental charges for execution and registration of this Agreement, the Conveyance, Deed of Apartment or any other Agreement. The Promoter/Developer shall not be liable to bear the aforesaid expenses for the same. C. As the Promoter/Developer will be applying to the concerned authorities for giving water connections for Plots and electricity meters and connections for the said Project, if there is delay in obtaining the water connection and electricity connections from the concerned department then in that case the Promoter/Developer may provide electrical connections/water supply/ power supply / generator supply through any other temporary arrangements because of which if there is any improper / insufficient / irregular supply of water / electricity the Promoter/Developer shall not be held responsible for the same and the Purchaser/s hereby consent for any temporary arrangement that may be made in the said interim period. The Purchaser/s shall pay for the proportionate charges as demanded, determined and decided by the Promoter/Developer and service 16 tax (if applicable) thereon. Until receipt of this amount from the Purchaser/s, the Promoter/Developer shall be entitled to temporarily deduct any dues of such proportion or entire charges payable by the Purchaser/s for the above from the outgoings / maintenance charges for which the Purchaser/s hereby gives his/her/their consent. ……………………………………… (signature of Purchaser/s) D. It is agreed and understood between the parties herein that the aforesaid amount, expenses, charges shall be borne and paid by the Purchaser/s in addition to the consideration and other charges enumerated herein. The Purchaser/s agree, assure, undertake, affirm and confirm unto the Promoter/Developer that he/she/they shall indemnify the Promoter/Developer against all claim/s, charge/s, expense/s and loss/es incurred by the Promoter/Developer, in case the Purchaser/s fails, neglects or avoids to make the payments mentioned in this Agreement. E. That any deduction of an amount made by the Purchaser/s on account of Tax Deducted at Source (TDS) as may be required under prevailing law while making any payment to the Promoter/Developer under this Agreement (if applicable) shall be acknowledged/ credited by the Promoter/Developer, only upon Purchaser/s submitting original Tax Deducted at Source Certificate and the amount mentioned in the Certificate is matching with Income Tax Department site. Provided further that at the time of handing over the possession of the Plot, if any such Certificate is not produced, the purchaser shall pay equivalent amount as interest free deposit with the Promoter/Developer, which deposit shall be refunded by the Promoter/Developer on the purchaser producing such Certificate within 4 months of the Possession. Provided further that in case the Purchaser/s fails to produce such certificate within the stipulated period of the 4 months, the Promoter/Developer shall be entitled to appropriate the said Deposit against the receivable from the Purchaser/s. 17 F. The Purchaser/s shall be liable to bear and pay from the date of handing over possession of his/her/their Plot, whichever is earlier, the proportionate share of outgoings in respect of the Local Taxes, Betterment charges or such other levies by the concerned Local Authority and/ or Government, Water Charges, insurance premium, electricity bills for common lights for roads, water pumps, lifts, etc., repairs, and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the common areas and amenities, in respect of said land and Plot/s. 13. MAINTENANCE AND OTHER PERTINENT CHARGES A. The Purchaser may make note of the following payments to be made: Particulars Amount (in Rs.) Towards MSEDCL Charges ‐‐‐‐‐‐‐‐‐‐‐‐‐/‐ Towards Apartment maintenance deposit covering ‐‐‐‐‐‐‐‐‐‐/‐ provisional outgoing for common municipal taxes, common water bills, common electric bills, maintenance charges & other expenses ‐‐‐‐‐‐‐‐‐/‐ Towards membership fees, share money and legal expenses for setting up the said organization herein written ‐‐‐‐‐‐‐‐‐‐‐‐/‐ Towards provisional monthly contribution towards outgoings of society B. It is hereby agreed that the Promoter/Developer shall maintain the scheme only out of the advance received from the unit Purchaser/s. The Purchaser/s has understood the entire scheme of maintenance in detail. The Purchaser/s admits and agrees to the same, so that the maintenance of 18 the scheme is not hampered in any way due to lack of or no payment by the Purchaser/s. It is specifically agreed between the parties hereunto that the Promoter/Developer is not responsible/liable to pay or share in the aforesaid expenses, outgoings, maintenance etc. in respect of the unsold Plot, premises, Row houses, units etc. in the project. C. Till a separate electric meter or a water meter is installed/allotted by the MSEDCL/P.C.M.C. and any other Local Authority, the Purchaser/s herein hereby agrees to bear and pay punctually the amounts and charges of the common electric and water charges and also the expenses for the maintenance of the common areas and facilities in proportion to the area of his/her Plot failing which the Promoter/Developer shall not be responsible for supplying electricity and water until the concerned department installs the electricity and water meter. D. It is specifically agreed between the parties hereunto that the Promoter/Developer shall be entitled to use the aforesaid maintenance charges for payment of water tankers, in case of insufficient water supply from the Local Authority. The Promoter/Developer shall not be responsible to bear such expenses. E. It is further agreed between the parties hereunto that the Plot Purchaser/s or the Ultimate Organization shall be responsible for maintaining all the common areas and amenities after the Promoter/ Developer discontinues the maintenance or handover the maintenance to the Ultimate Organization. Thereafter, the amenities provided by the Promoter/Developer shall be maintained/managed by the Society/Ultimate Organization under proper guidance by hiring skilled and professional people. The Promoter/Developer shall not be responsible for any accident, injury or damage to any life or property during maintenance of the common areas and amenities due to improper practices by the 19 Ultimate Organization. F. The maintenance charges collected from the Purchaser/s shall be incurred on expenses/charges which are basically applicable for Gardens, Lobbies, Elevators, Fire Staircase, Entrance/Exit of Building, Parking Areas, installation of Central Services such as power light and things that are necessary for the maintenance, safety and existence of the society. G. The services for the maintenance of the above mentioned particulars are limited in nature. Any request for any additional services / maintenance would involve extra maintenance charges which will be charged separately to all Purchaser/s and shall be paid by the Purchaser/s separately to the Promoter/Developer herein as and when demanded. 14. FLOOR SPACE INDEX (F.S.I.) A. The Promoter/Developer shall be entitled to load any additional F.S.I. that may be permissible at any time hereafter on the said land and the Purchaser/s give his/her/their irrevocable consent to the same. Similarly the Promoter/Developer shall be entitled to float the F.S.I. of the said land in the present project to any other land and vice‐versa if so permitted by the concerned Authority/s. B. In this Agreement, the word F.S.I. or Floor area Ratio shall have the same meaning as understood by the Planning Authority under its relevant building regulations or byelaws. C. The Promoter/Developer shall be entitled to and have right of pre‐ emption of first right to use the present unutilized and/or additional built‐ up area/F.S.I. or by taking and loading T.D.R. (Transferable Development Rights) as and when the same is permitted by way of construction of new 20 building/s or extension of the present building/s. D. The Purchaser/s has/have given his/her/their irrevocable consent thereof and the Promoter/developer shall be entitled to revise the plans, get them sanctioned from concerned Authority, construct the additional units permitted by concerned Authority and the Purchaser/s shall fully co‐ operate with the Promoter/developer to enable the Promoter/developer to make any addition/alteration, or structure/s or construct new structure/s on the said Land/Property in accordance with the plans sanctioned or which may be hereafter sanctioned by the Concerned Authority / Local Body. ……………………………. (Signature of Purchaser/s) E. In case the Land or any portion of the said Land is acquired by any authority before execution of the conveyance, then the Promoter/Developer alone shall be entitled to take compensation for the same or get F.S.I./T.D.R. in lieu of compensation. 15. SPECIFICATION The specifications of the unit and the fixtures, fittings and the amenities to be provided by the Promoter/Developer to the said Plot are described in the Annexure E written hereunder. The Purchaser/s also agrees not to make any demand to change the existing plans. The Purchaser/s shall not deem any changes in the plan of the unit annexed herewith. The Promoter/Developer shall not refund any amount for deleting any items of specifications and amenities on request of the Purchaser/s. 16. COMMON AND RESTRICTED AREAS: A. The nature, extent and description of the common areas and facilities, are more particularly described in the Second Schedule written 21 hereunder. It is hereby agreed that the areas mentioned in said Second Schedule shall be the common areas and facilities. The Promoter/Developer shall be entitled to declare all other areas as restricted or reserved areas and facilities and/ or alienate and dispose off other areas and facilities in such manner as the Promoter/Developer thinks fit. B. It is distinctly agreed by and between the parties that the common areas and amenities which are to be provided by the Promoter/Developer shall be utilized by all the Purchaser/s in the entire project and that the Purchaser/s or the ultimate organization of the Plot holders shall have no right to claim any ownership rights or any other rights there in. 17. DEFECT LIABILITY: A. Disclosure regarding manufacturer’s warranty; The Promoter/Developer specifically discloses that, the manufacturers of certain appliances, equipments, standard fittings, machineries including generator set for backup, STP, electric pumps, waste management plants, lifts, Gas line if any, security equipments if any, electronic equipment’s if any, Solar System if any, Gym equipments if any, Garbage Chute, etc will be as per the warranty provided by the respective manufacturer / Supplier. The only warranty on those items is of the manufacturer’s warranty and the Promoter/Developer is in no way responsible for their performance or for any condition beyond the manufacturer’s warranty. B. The word defect herein above stated shall mean only the manufacturing defects caused on account of willful neglect of the Promoter/Developer themselves and shall not mean defects caused by normal wear and tear, negligent use of the said Plot by the Purchaser/s, abnormal fluctuations in the temperatures, abnormal heavy rains, damages from natural calamity etc. Provided further that the Purchaser/s shall not carry out alterations of whatsoever nature in the said Plot or in the fittings 22 therein, in particular. If any of such work is carried out without the written consent of the Promoter/Developer, the defect liability shall become void. 18. RIGHT TO ALLOT: A. The Purchaser/s confirms and declares that he/she/ they shall not raise any dispute regarding the aforesaid allotment. B. The Purchaser/s hereby agrees that he/she/they will be granted an exclusive use of parking space on priority basis (preference as per the booking) by the society and the same shall be included in common areas of the society. (if applicable) 19. ULTIMATE ORGANIZATION: A. It is hereby made clear that the Ultimate Organization of all the Purchaser/s/ Unit holders of the present project will be an apartment association/ Society formulated as per statute applicable in this regard. B. The Purchaser/s shall have no objection for the new purchaser/s to be admitted as members of the Ultimate Organization. The Ultimate Organization shall get the new transferees admitted as its members without payment of any premium or transfer fees to the Ultimate Organization. 20. CONVEYANCE: Unless prevented by the circumstances beyond the control of the Promoter/Developer, it is agreed that the said land, will be conveyed by the Promoter/Developer herein within three months from and after obtaining the full and final completion certificate in respect of the entire project and utilization of entire FSI and TDR/land potential permissible( and if applicable here in ) to be utilized on the entire said land as per 23 development control rules of Dhule (irrespective of previous sanction or not of FSI). 21. COVENANTS BY THE PURCHASER/S The Plot Purchaser/s himself/herself/themselves with intention to bring all persons into whosoever hands the said Plot may come, doth hereby covenant with the Promoter/Developer as follows for the said Plot and also for the Building in which the said Plot is situated. A. To maintain the said Plot at Plot Purchaser/s own cost in good tenantable repair and condition from the date of Completion Certificate or Possession whichever is earlier and the Purchaser shall not do or cause to be done anything in or to the said Plot, staircase or any passages which may be against the rules, regulations or bye‐laws of the concerned local or any other authority or change/alter or make addition in or to the said Plot and/or the building in which the said Plot is situated and the said Plot itself or any part thereof. B. Not to store in/outside the said Plot/building/surrounding area any goods which are of hazardous, combustible or dangerous nature or are too heavy as to cause damage to the construction or structure of the building or storing of which goods is objected to by the concerned local or other authority and shall not carry or caused to be carried heavy packages to upper floors, which may damage or are likely to damage the common passages/ areas or any other structure of the land including entrances of the Project Land and in case any damage is caused to the Project Land in which the said Plot is situated or to the said Plot or any fatality on account of negligence or default of the Plot Purchaser/s in this behalf, the Plot Purchaser/s shall be liable for all the consequences of the breach. C. To carry out at his own cost all internal repairs to the said Plot and 24 maintain the said Plot in the same condition, state and order in which it was delivered by the Promoter/Developer, provided that for the defect liability period such repairs shall be carried out by the Plot Purchaser/s with the written consent and the supervision of the Promoter/Developer if deemed necessary among the parties and shall not do or cause to be done anything contrary to the rules and regulations and bye‐laws of the Concerned Local Authority or other Public Authority. And in the event of the Plot Purchaser/s committing any act in contravention of the above provisions, the Plot Purchaser/s shall be responsible and liable for the consequences thereof to the Concerned Authority and/or other Public Authority. D. Not to do or cause to be done any act or thing which may render void or voidable any insurance of the said Land and the Building/s or any part thereof or whereby any increase in premium shall become payable in respect of the insurance. E. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Plot in the compound or any portion of the said Land. F. To bear and pay the local taxes, water charges, insurance and such other levies, if any, from the date of handing over possession of said Plot and also pay any additional increased taxes, insurance etc. which are imposed by the concerned Local Authority and/or the Government and/or other Public Authority on account of permitted change of user of the said Plot by the Plot Purchaser/s. G. The Plot Purchaser/s until conveyance shall not let, sub‐let, give on leave and license basis, transfer, assign or part with Plot Purchaser/s interest or benefit factor of this Agreement or part with the possession of the said Plot until all the dues payable by the Plot Purchaser/s to the 25 Promoter/Developer under this Agreement are fully paid up and only if the Plot Purchaser/s had not been guilty of breach of or non‐observance of any of the terms and conditions of this Agreement and until the Plot Purchaser/s has intimated in writing to the Promoter/Developer and obtained written consent thereof. H. The Plot Purchaser/s shall observe and perform all the rules and regulations which the Organization may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said Building/s and the Plots therein and for the observance and performance of the Building Rules, Regulations and Bye‐Laws for the time being of the concerned Local Authority and of the Government and other public bodies. The Plot Purchaser/s shall also observe and perform all the stipulations and conditions laid down by the Organization regarding the occupation and use of the Plot in the Building/s and shall pay and contribute regularly and punctually towards the taxes, expenses or other outgoings in accordance with the terms and conditions of this Agreement. I. Not to obstruct the development work for any reason and in anyway. J. In the event of the Promoter/Developer carrying out any work of additions and/or alterations as per instructions of the Plot Purchaser/s to keep the Promoter/Developer harmless and indemnified from all or any actions if taken by any person or authority or incidentals hereof. The Promoter/Developer shall not be bound to obtain Completion/Occupation Certificate as per such additions or alterations which work shall be done by the Plot Purchaser/s at his/her/its own costs and risk. L. The Purchaser/s shall use the allotted Plot only for agreed/ sanctioned/ permitted purpose and shall not change the use 26 without prior written permission of the Developer/ Assignor or Apartment as the case maybe. M. Not to cause any nuisance to other Plot Purchaser/s and Promoter/Developer in any manner whatever. N. The Purchaser/s shall use the said Plot or any part thereof as per permit and the same to be used only for specific purpose as shown in the sanctioned plan. O. The Purchaser/s or Occupier/s of the said Plot shall not use the same as and for Massage Centre, Gambling House, Classes, Service Apartment, Hostel, group accommodation, Lodging Boarding or any illegal or immoral purpose. P. The Purchaser/s shall take required permission from the Local Authority for change of use. 22. OTHERCONDITIONS A. The Purchaser/s is/are well aware of the building plan sanctions received by the Promoter/Developers herein as well as proposed sanctions which is to be received in future against balance FSI/TDR to be purchased/paid FSI or Future Premium/Extra FSI received from Local Authorities (IF APPLICABLE). Whereas the Purchaser/s is/are also aware of the Specifications & Amenities to be provided by the Promoter/ Developer in said Project and the same shall be as per the details attached and the Specifications hereunder mentioned. That the Promoter/developer is only liable to provide the amenities which are mentioned in this Agreement. The sales representatives of the Promoter/Developers have not given any verbal commitments to the Purchaser/s herein. The Purchaser/s confirms that he/she/they will not demand any changes of whatsoever nature in the said Plot/Unit which the Purchaser/s intends to book. The Purchaser/s herein is/are aware that the brochure provided by the Promoter/Developers is a replica of the 27 proposed project and whereas the actual project will be as naturalistic. The Purchaser/s herein has/have been clearly communicated about the installments of payment to be done as per the Schedule mention hereunder written. B. That the Purchaser/s shall be liable to pay Stamp Duty and Registration Fees to the State Revenue Department. The Promoter/ Developer shall provide guidance in paying the said Stamp Duty and Registration Fees. However in case, the Purchaser is not satisfied and wants to cancel the booking/Agreement then the Purchaser/s herein shall be liable to receive only the amount paid by him/her/them out of the Consideration Amount/Agreement Value. Whereas the Purchaser/s shall be liable to approach to the concerned Authorities for refund of Stamp duty & Registration paid by him/her/them and the Promoter/Developers herein shall not be in any way responsible for the same. C. The Purchaser/s is/are aware that the Promoter/Developer will be applying for Water connection on behalf of the Society to the Municipal Corporation after receiving Completion Certificate (as per rules of Dhule Municipal Corporation). However, the authority to sanction the application for waterline lies with Dhule Municipal Corporation as per its terms and conditions and whereas the supply of water by concerned Authorities shall be supplied as per daily schedule of Dhule Municipal Corporation and therefore The Promoter/Developer shall not be held responsible for the supply of water or low pressure of water. D. The Promoter/Developer assures that he would do all the necessary documentation on behalf of the Ultimate Organization /Society / Apartment Complex for acquiring Electricity Connection which shall be provided by MSEDCL. The Promoter/Developer herein assures that he would obtain the sanction regarding the same before possession. However, 28 the Purchaser/s shall not have any objection if it gets delayed by whatsoever reason (i.e technical reason, shortage of Electric meters with MSEDCL etc.). If such situation occurs, the Purchaser/s herein is/are aware that he/she/they are required to obtain temporary connection from the meter of the Promoter/Developer by installing sub‐meter. It is hereby understood that the electricity charges for the same shall be borne by the Purchaser/s. E. The Promoter/Developer herein is aware that he is required to provide Drainage line to the Society which shall be connected to drainage line of Dhule Municipal Corporation, and the same shall fall under the terms and conditions of Dhule Municipal Corporation. However, if the SMC drainage line is delayed due to any reason not attributable to Promoter/Developer or beyond its control, in such case the Promoter/Developer shall make necessary arrangements at the cost of the Purchaser/s. F. The Purchaser/s is/are aware that they may be required to execute and register a Supplementary Deed in case there are any variations or inclusion of new or additional rules as per RERA. G. It is specifically understood that the brochure/s published by Promoter/developer from time to time in respect of the scheme is just an advertisement material and contain various features such as furniture layout in a Plot, vegetation and plantation shown around the building, scheme, vehicles etc. to increase the aesthetic value only and are not facts. These specification/ amenities are not agreed to be developed or provided. H. The Purchaser/s is/are aware that the perspectives/elevation plans shown on the plans and/or in brochures are tentative and are likely to undergo change in course of construction. The Purchaser/s shall have no objection/ complaints whatsoever on the account. I. The Purchaser/s is/are hereby prohibited from raising any objection in the matter of allotment or sale 29 accommodation/Plot/garage/car parking etc., on the ground of religion / caste / creed or nuisance / annoyance / inconvenience for any profession / trade / business etc. that has been or will be permitted by Law or by Local Authority in the concerned locality. J. In the event, the Ultimate Organization is handed over the administration of the property before the sale and disposal of all the accommodation / tenements in the building/s all the powers, authorities and right of the accommodation to Purchaser/s herein shall be always subject to the Promoter/Developer’s over all right to dispose of unsold Plots and all other rights thereon, it is specifically agreed between the parties hereto that for the unsold Plots / tenements / units the Promoter/Developer herein shall and will not be liable or required to contribute towards the common expenses or maintenance charge or any amount under any head towards the share in the common expenses in respect of the unsold tenements nor will be Promoter/Developer or the new incoming Purchaser/s be liable and required to pay any transfer charges, premium, etc. K. The Purchaser/s authorizes and empower the Promoter/ Developer to make representation by executing such documents and forms as may be necessary, for procuring electricity connection, water connection and meter for the said Plot in the name of Purchaser/s, Municipal Assessment of the said Plot in the name of Purchaser/s. The Purchaser/s undertakes to bear all the expenses at actuals for the same, as levied by the Competent Local Authority for entire financial year, even if the possession of the said Plot is taken later. L. The Purchaser/s understands that the work of the development and construction on the said Land by the Promoter/Developer may continue even after grant of possession of the said Plot to the Purchaser/s. The Purchaser/s shall not make any claims of any nature, relating to or on account of nuisance, annoyance, damages or compensation in this respect. 30 M. Nothing contained in this Agreement is intended to be nor shall be constructed as a grant, demise or assignment in law of the said Plot or of Building/s or a part thereof. The Purchaser/s shall have no claim save and except in respect of the said Plot hereby agreed to be sold to him/her/them and all common, area and facilities as described herein below will remain the property of the Promoter/Developer until the conveyance. N. Any delay tolerated or indulgence shown or commission on the part of the Promoter/Developer in enforcing the terms of this Agreement or any forbearance or giving of time to the Purchaser/s by the Promoter/ Developer of any breach or non‐ compliance nor shall the same in any manner prejudice the rights of the Promoter/Developer. O. The Promoter/Developer has not undertaken any responsibility nor has agreed anything with the Purchaser/s orally or otherwise and there is no implied agreement or covenant on the part of the Promoter/Developer other than the terms and conditions expressly provided under this Agreement. P. The Purchaser/s herein represents, assures and declares that neither the Purchaser/s nor the members of the family are debarred or disentitled to acquire the said Plot under any statute, notification, and rule for the time being in force. Q. The Purchaser/s has/have read and understood all the terms and conditions of indemnity bonds/undertakings, etc. given by the Promoter/ Developer to the Collector/Corporation or any other authority and terms and conditions mentioned in Commencement Certificate, NA order and Completion Certificate (if any) and Purchaser/s agrees that this agreement is subject to the said terms and are also binding on him/her/them. R. The Promoter/Developer herein may, if necessary and duly approved, be constructing the building/s on the said Land in phases and Purchaser/s herein undertakes not to raise any objection on any ground 31 whatsoever & shall not obstruct the construction in any manner. S. The Promoter/Developer shall have a first charge and/lien on the said Plot in respect of any amount payable by the Purchaser/s under the terms and conditions of this Agreement. T. The Promoter/Developer shall be entitled to allot by way of lease or license a portion of the said Land to any Government / Semi Government / Local authority / MSEDCL or to any private party or parties etc. for operational services such as electricity, water, drainage, roads, access, telephone, dish antenna, cable T.V. etc. The Purchaser/s shall not be entitled to raise any objection or grievance about the same. U. The Purchaser/s herein admits and agrees to always admit that, after delivery of possession of the Said Plot by the Promoter/ Developer to the Purchaser/s herein, it will always be presumed that, the Promoter/Developer had discharged and performed all his obligations except formation of proposed society and conveyance as stated hereto before in favor of such society in which the Purchaser/s herein will be member in respect of the Said Plot, under the said agreement and as well as under The Maharashtra Ownership Apartment (regulation of the promotion, of the construction, sale, management and transfer) Act, 1963 and rules made there under and The Real Estate (Regulation & Development) Act, 2016 and rules made there under. The Purchaser/s herein does not have any claim or grievance of whatsoever nature against the Builder. V. If necessary, The Purchaser/s hereby irrevocably authorizes and empowers the Promoter/Developer to represent him before the concern authorities in all matters regarding the property Tax, Assessment and Re‐ assessment and the decisions taken by the Promoter/Developer in this regard shall be binding on the Purchaser/s. The Promoter/Developer shall represent the Purchaser/s to do all the necessary things in all the departments of the Dhule Municipal Corporation, Collector, 32 Government, Semi‐Government MSEDCL etc. and the same shall stand ratified and confirmed by the Purchaser/s personal representation in the form of signature, the Purchaser/s shall sign the same and shall not withhold the same for any reason whatsoever. 23. RESTRICTION ON PURCHASER/S: The Promoter/Developer has informed the Purchaser/s and the Purchaser/s is aware that the Purchaser/s of the said Plot shall be subject to all the following conditions: A. The Purchaser/s shall not join two adjacent Plots and shall not demolish or cause to be demolished and is denied at any time to make any addition or alteration of whatsoever nature in or to the structure of the said Plot. 24. TERMINATION OFAGREEMENT: A. If the Purchaser/s herein violates any terms and conditions of this Agreement for whatsoever reason including non‐payment of agreed consideration within stipulated period as mentioned hereinabove then, the Promoter/Developer shall have absolute right and authority to terminate this Agreement, after deducting an amount of 10% of the total consideration value towards penalty/compensation, by giving prior notice in writing of its intention to terminate this Agreement, by stating specific default, breach or breaches of the terms and conditions being grounds behind intention of termination of the Agreement and the Purchaser/s herein within reasonable time may get the default rectified and which period will not be more than 15 days from the receipt of such notice. After giving notice in writing, if the Purchaser/s herein fail to rectify the default / breach of terms and conditions within aforesaid stipulated period, then this transaction shall stand cancelled and right, title, interest of the 33 Purchaser/s under this Agreement towards the said Plot shall also stand cancelled and the Purchaser/s shall have only right to receive the refund of the amount paid out of consideration to the Promoter/Developer without any interest or compensation after deducting the aforesaid amount. B. For whatsoever reason if the Purchaser/s herein desire to terminate this Agreement /transaction in respect of the said Plot then, the Purchaser/s herein shall issue 15 days prior notice to the Promoter/ Developer as to the intention of the Purchaser/s and on such receipt of notice the Promoter/Developer herein shall be entitled to deal with the said Plot with prospective buyers. C. It is specifically agreed between the parties hereto that, if the transaction in respect of the said Plot between the Promoter/ Developer and Purchaser/s herein is terminated as stated hereinabove, then all the instruments under whatsoever head executed between the parties hereto or between the Promoter/Developer and Purchaser/s herein shall stand automatically cancelled. D. On termination of transaction in respect of the said Plot as aforesaid the Purchaser/s herein shall be entitled to receive the consideration amount paid by him/her to the Promoter/Developer after re‐dispose of the said Plot by the Promoter/Developer as under: i. If the Promoter/Developer is able to dispose off the said Plot for the same consideration or higher consideration as compared to the consideration agreed between Promoter/Developer and Purchaser/s herein then, the Purchaser/s is/are entitled to receive and Developer is bound to pay the entire part consideration paid by the Purchaser/s to the Promoter/Developer in pursuance of this Agreement without any interest. E. If the Promoter/Developer able to dispose of the said Plot for a lesser consideration then the consideration agreed between Promoter/ Developer and Purchaser/s herein then, the Promoter/Developer shall be entitled to deduct such differential amount of consideration from the 34 amount paid by the Purchaser/s to the Promoter/Developer towards the consideration of the said Plot and shall refund balance amount without any interest and accordingly the Purchaser/s herein shall be entitled to receive the same. The Purchaser/s is/are not entitled to receive refund of amount paid by the Purchaser/s to the Promoter/ Developer towards Service Tax, VAT or any other Taxes, Cesses , Stamp Duty, Registration Fee, etc. F. If the Purchaser/s has/have availed housing loan against the said Plot from any Bank / financial institute, etc. then the Purchaser/s is/are not entitled to receive the aforesaid refund till producing No‐Dues Certificate and/or Release Deed executed by such Bank / financial institute for releasing the encumbrance of loan and interest thereon on said Plot. G. Without prejudice to the aforesaid conditions, it is further agreed between the parties hereto that on termination of this Agreement and transaction between the parties hereto as aforesaid, the Purchaser/s shall only have the right to claim the refund of the amount as stated above on execution of Cancellation Deed and in such an event all other rights under this Agreement of the Purchaser/share in stands automatically extinguished. H. This Agreement being registered Agreement under the provision of Registration Act 1908, in light of the aforesaid cancellation or termination, the Purchaser has to execute proper Cancellation Deed and admit the execution thereon personally but if the Purchaser on termination as aforesaid, within one month fail to execute the Cancellation Deed and admit the execution personally then for the purpose to execute such Cancellation Deed and admit the execution, the Purchaser/s herein by executing these present, irrevocably nominate, constitute and appoint the Promoter/Developer herein for such Cancellation Deed or any other document as may required to cancel this transaction in law on termination of this Agreement as aforesaid and who is entitled to do the same on refund of amount by cheque/demand draft as aforesaid by post by 35 executing these presents the Purchaser for himself / herself / themselves and his heirs, executors and administrators ratify and confirm and agree to ratify and confirm aforesaid act of the Constituted Attorney by virtue of the present clause. 26. GOVERNING LAW: That the rights and obligations of the Parties under or arising out of this Agreement shall be construed and enforced in accordance with Laws of India for the time being in force and the Dhule Court shall have the Jurisdiction to try and entertain the dispute arising out of this Agreement. 27. NAME OF THE PROJECT: The name of the Project shall be “‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐” and this name shall not be changed without the written consent of the Promoter/Developer. 28. PROJECT FINANCE: A. The Purchaser/s hereby consent/s and authorize/s the Promoter/ Developer for raising any finance by way mortgage or the said Land or scheme or any portion thereof, as and when so deemed necessary by the Promoter/Developer. At any stage during the implementation of the scheme the Promoter/Developer shall be at liberty to sell, assign or transfer or otherwise deal with its right, title and interest in the said land and building/s to be constructed thereon provide that the same does not adversely affect or prejudice the rights granted in favour of the Purchaser/s in respect of the said Plot agreed to be purchased by him/her/them in terms of this Agreement. The Purchaser/s may obtain finance from any Bank/Financial institution or any other source for purchase of the Plot, but the Purchaser/s obligation to purchase the Plot pursuant to this Agreement shall not be contingent on the Purchaser/s ability or competency to obtain such finance and the 36 Purchaser/s will remain bound by the terms of this Agreement. The Purchaser/s hereby agrees that in case he has availed any loan facility for the purchase of Plot, then upon execution and registration of Conveyance Deed in respect of the Plot, the original Conveyance Deed shall be received by the Promoter/Developer on behalf of the Purchaser/s from the Registration Office directly and shall be deposited with the concerned lending institution to create equitable mortgage on the Plot in accordance with the terms of grant of the loan. 29. SERVICE OF NOTICE All notices to be served on the Purchaser/s as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser/s by Courier, Registered Post, Under Certificate of Posting or Ordinary Post together with e‐mail at his/her/their address/s specified in the Title of this Agreement or at the address intimated in writing by the Purchaser/s by registered post after execution of this Agreement. Any change in address / other necessary details has to be duly intimated to the Promoter/Developers. 30. REGISTRATION The Purchaser/s shall present this Agreement as well as any other deed, documents etc, which are to be executed by the parties hereto in pursuance of these presents, at the proper Registration Office for registration within four months from the date of execution of this Agreement and on intimation thereof by Purchaser/s to the Promoter/Developer shall not be responsible if the Purchaser/s fails to register the Agreement as mentioned above. 31. It is specifically agreed by and between the parties hereto that in the event of any part of the present agreement or clause/s or part of the clause or 37 clauses being found to be void or being discovered to be void or becoming void on account of any law, rules, regulations, etc., then in that case the entire agreement shall not be treated as void‐ab‐initio but in such case part of the present agreement or clause or clauses or part of the clause or clauses shall unless not possible be severed from rest of the present agreement or clause or of the present agreement or clause or clauses or part of the clause or clauses as if it never existed in this agreement. 32. STAMP DUTY AND REGISTRATION CHARGES The consideration of the said Plot as agreed between the Promoter/ Developer and the Purchaser/s herein and also as per the prevailing market rate in the subject locality, which is the true and fair market value of the said Plot. The Stamp Duty for this transaction is payable as per the Bombay Stamp Act, 1958 Schedule – I, Article 25. The parties hereto shall be entitled to get the aforesaid Stamp Duty adjusted, leviable on the conveyance, which is to be executed by the Promoter/Developer herein in the name of the Society in which the Plot Purchaser/s will be the member in respect of the said Plot/Accommodation. If additional Stamp Duty is required to be paid at the time of conveyance the same shall be paid by the Plot Purchaser/s. 33. Dispute Resolution Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the ___________________authority as per provision of the Real Estate (Regulation and Development) Act,2016, Rules and Regulations, thereunder. The Purchaser/s hereby declares that he/she/they has/have read and fully understood and agreed to the contents of this Agreement and thereafter the same has been executed by the Purchaser/s. 38 First Schedule (Description of the freehold land and all other details) All the Piece and parcel of land bearing Gat No.152/1, 152/2, 153/3, 152/4 total area admeasuring 20,800 Sq.mts, situated at Walwadi, Tal. & Dist. Dhule, Dhule Municipal Corporation, which is jointly & commonly bounded as per record of rights East : West : South : North : Together with all things lying or being under, upon embedded, in or attached to earth right of way & all easementary rights pertaining thereof. Second Schedule (nature, extent and description of common areas and facilities) 1. Parking with paver blocks 2. Overhead and underground water tank with plumbing arrangement and water supply to be obtained from local authority 3. Rain water harvesting with necessary recharge pit SCHEDULE ‘A’ The Plot premises in ongoing scheme/project known as “‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐” having Plot No. ….. , having Admeasuring ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Sq. Mtrs., which is bounded as shown below: ‐ 39 East : West : South : North : SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT ANNEXURE – A Name of the Attorney at Law/Advocate ‐ Adv. Subhash G. Vispute, Address‐ Plot No. 6 A, Vishal Estate, Near Rashtrwadi Bhavan, Station Road, Dhule. Date‐ 07.03.2018 Title Report Details of the Title Report All the Piece and parcel of land bearing Gat No.152/1, 152/2, 153/3, 152/4 total area admeasuring 20,800 Sq.mts, situated at Walwadi, Tal. & Dist. Dhule, Dhule Municipal Corporation. Place: Dated………..day of 20......... Signature of Attorney‐at‐Law/Advocate ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI 40 or VII and XII or any other revenue records showing nature of the title of the Vendor/Lessor/Original Owner /Promoter to the project land). ANNEXURE –C (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) ANNEXURE ‐D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Apartment), (List of amenities provided) ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) IN WITNESS WHEREOF the SELLER and the PURCHASER have signed this Agreement of Sale on the day month and year herein above mentioned in the presence of the witnesses: WITNESSES: PURCHASER 41 ASHTAVINAYAK LAND DEVELOPERS, Through its Partner, (A) Mr. Sunil Shantilal Agrawal, (B) Mr. Rajesh Shantilal Agrawal, (C) Mr. Satish Bhikchand Agrawal, (D) Mr. Dinesh Manohar Sharma, (E) Mr. Devendra Sahebrao Patil, (F) Mr. Dipak Bhatulal Sharma, (G) Mrs. Amandeep Dipak Sharma, (H) Mr. Shailesh Rajanikant Kamdar, (HUF), 42 (I) Mr. Kishore Harakchand Bhandari, (HUF) (J) Mr. Anup Subhash Gindodiya, WITNESSES 1. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 43