-s- (qa) 1hal ri!!hl title and interest olcarh 11\\ lin ora tallll" unit III(atl'd un c.uh of thr llol'P, in the vonnnon arca and larilitic ....Ipcalnl III Ihl' rl"'j1l'rl iv l' 1111111 and listl'd under kttl'r(il) III (Ill) or suhparil!!raph 2 {II par;I,:r;Iph .'i alld then prnpl'lti'lnatl' shall' in the !,Ioti" .uul COllll1lllnl"lll'Il'\l'''; ill the ',aid l'1I11111l1l1l ;\1"1::1', and Invilitics as \\l'11 as the pruportinnutc rcprcscut.nion [or votiru: purpose in the ~ terlin!! olthc Association ol'Aparuncnt Owner ....ulthc l'udmshri Rcsidcncv I\,l'"ndolllinilllll is ba"'l'd on the proportion.uc IIfl';Ich family unit as follows : Fill"each unit holder.there is IlIlC\ ulc as I,' I(II Ione pcrsou obt.uncd : units.his \"olin~ percentage \\ ill count as 2.:III then hi ...votitu: PCITl'lltil):Cwill count as J/I u.likwisc it will he increased as pl'r holding units. (h) The right.title and interest or each owner ora unit located Oil each olthc upper flnorx of the said building in the restricted areas and facilities located ill the respective 1100rs and listed under item or the said subparagraph 2 of the paragraph 5 and their proportionate share in the profits and COIllIlH m cxpcnscs ill the said restricted common areas and tucilitcs as well as the proportionate representation for voting purpose with respect to the said rcstriccd common areas and Iacitlities in the meeting or the Association ofAparuucnt Owners of the said Padmshri Residency IV Condominium is based in the proportionate I unit holding. c) The proportionate representation for voting purposes provided in ((I) and (b) here of may be limited in accordance. With the provisions 01" the bye-laws attached hereto as Exhibi '13'. d) Appartment and the percentatge of undivided interest in the common areas and facilites appertaining to the Apartment is not encumbered in any nithner what sover on the date of declaration. 7. That the administration of Padmshri Residency IV Condominium consisting as aforesaid of the building and parcel of land described in paragraph first and fifthof this deed shall be in accordance with the provisions of the ~~,\~\~l SUB"1?1; bye-laws which arc made a part of this deed and are attached hereto as Exhibit B ~. ~S". ,~",'1aHJ("tY.~~ "'~'-:,_ ~ ~ 8. That as appears above a plan of apartment ownership is hereby constituted ,,) ~... (_.~-!.::.-~. "P ::l' 1.-. .... :-.;':'; C';"';;I) nder and subject to the provisions ofthe Maharashtra Appartment Ownership ~i'\~::';,.~ .' ,;.;:;"-., .~~.~ ct, 1970 so that the family units of the ground and upper floors may be jt--),::-,,,,_ ., ., '~·~'I•. +:", ~;:~",f;/ ," :/1 conveyed and rcgist~red .as individ~liIl properties capable of!n~~p.endel.llu~e.~)n account of each having Its own cxu to common areas and facilities 01 buildinu '~~~~.t._.>. each family unit owner having an exclusive and particular right.title and interes~ - over his respective family unit and in addition to that specified undivided interest in the common areas and facilities and i or restricted common areas and _._------, facilites. 9. That for the purpose of stamp duty and regitration fees to be imposed Oil the registration of this deed and in the register of declaration and deeth of apartments under section 13 (5) ofthe said Act the value or the condiminium is distributed as follows: -9- · v'lilled at Rs.36,95,OOOI <1) 1) arcel of land described . nnh .I hereo f IS , .111 pat .agrap , -, . d 3 thercofis valued at b) 1 he building described in paragraph 2 an Rs.85.50,OOO/- .e of the family units the 10 . That as long as the Grantors 0\\'n one or . dmotd and of Exhibits A and B · Grnntors shall . . ftillS ce , be subject to the proVISIOns0 k action which will . t to tnke no , attached here to and the Grantors COVC~1U~ of A artment Owners with adversely affect the rights of the AssocmtlOn buildi g of other riuhts , in the UI 111 0 respect to assurance against latent detects I .h t of the Hiradcep . assigned . . by reason 0 f tl 1e estabhs men to the assocration Apartment condominium. . nareas and facilities shall II. That the general and I or restricted comma .. d' .' . . ti ramain undivided and no owner shall bring any ac 10 n for partiuon or 1\ ision there of. 12. ., d imtere st in the general and I or That the percentage of each undivide . restricted . . . esta bliIShe d herein shall not be changed common areas and facilities . . . . f II except Withthe unarurnous consent 0 ate apa h rtment owners expressed 111 an amendment to this duly registered. 13. That the undivided interesting- the general and I or restricted common areas and facilities shall not be separated from the family unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. 14. That apartmnet owner shall comply with the provisions of this Deed ..The byclaws.decisons and resolutions ofths Association of Apparment Owners of its representatives, and failure to comply with any such provisions, decision or resolutions, shall be ground for anaction to recover sums, due for damages. or for injunctive relief. 15. . That the dedication of the property to the plan of Apartment Ownership' ~.:\~\~ herem shall not be revoked.or the property removed form the plan ~"\_,TiJ7:\' Apartment Ownership or any of the provisions herein amended unless a c;Jf//~' \~.~.~:,\ the apannent o~\'ners and the mrotgagees of any of the units unanimously a i?e ( ~;. . ><-. to such revocaiton, or amendment of removal of the property form the pia Of\ : duly registered instruments.' , .:~. e: '."'./. ' '/", , i~ ...J'; .,~ 1.6... That n.o apart~en.t owner of a family unit may exempt himself from ~~:J' liability for his contribution towards the common expenses by . I tl " Walver 0 te l~se,(~r.enjoyment of any ot the gener~l and / or resetricted common 011 _ facilities or by the abandonment of his family unit. (~'::..~7i' -9 - lU- 17, 1I"~lc~'~icd hy tile 1\~1~locilltinn hilt unpuid lilr the 'ilwre of thc 1\ II ~1I1111~, l'Ollllllllll l'xpewie'. t'harf',l~llhle to any Iiuuily IlIlil shnll COll',Iililie a dwrge Oil such lumily IIl1il prior tn nll othcr charge:.except (lilly (I, charue.I I an)'. on the lillllily unit lor pnymcnt or( invcnuncut or Muuicipal tnxcs or huth and (2) all SIIIllS IIIIPllid (11111lirst 1Ill11'lglIl',eofthe apartment. I~, 'lhut 1111 prcscu: or luturc owncrs.tcnauts.futurc owncrs.tcnant-. tenants or lilly other pcr~;(llllhallllighlll'ic..: the blcilities olthc building in 1'111111"1: lilly manner, lire subject 10 the provisiou« 01' thh Iked and that the more ncquisitiun or rcntnl ol'II11Y olthc family units olthc building of the more act or occupancy of nny of the said units shall signify that the precisions of this Deed are accepted IIl1d nuilicd.Thc respective family units shall riot he rented or given 011 leave and license or care taker basis by the apartment owners then: of for transient or hotel purposes, which shall he defined ae.; (a) rental compensation or compensation lor any period less than thirty days or (b) any rental OJ' if the occupants of the family units are provided costornary hotel or boarding or lodging or paying guest services other than tile foregoing obligations, the apartment owners ol'hc respective family units shall have the absolute right to lease such unit or give it on leave and license or care taker I basis provided that the said lease or lease or license or care taker basis is made subject to the covenants and restrictions contained in this Declaration and further subject ot the Bye- laws in Exhibit B attached hereto. 19. That if the property, subject to the plan of Apartment ownership is totally or substantially damaged or destroyed, The repair, reconstruction.or disposition or the property shall be as provided by the Maharashtra Apartment Ownership Act, 1970. 20. 21. That in a voluntary conveyance of a family unit the grantee of the unit shall be jointly and severally liable with the Grantors for all unpaid assessments by the Association of Apartment Owners against the latter for his ({{t{or[-q hare of the common expenses up to the time of the grant of conveyance vithout prejudice tothe grantee's rights to recover from the Grantors the amounts lli~ I~\O I~ t. D aid by the grantee therefore.However.any such grantee shall be entitled to a tatcmcnt form the Manager or Board of Managers ofthe Association. As the ~O~·~ - . -11- , ' id assessments against the c~sc may be,Setting forth the amount of the mpai I 11 not be liable for.nor Cmlllt • urs d ue to the~ Association " an d sue II'gr'tntce s HII for any unpad] , sh , a 11 t Ire family - unit conveyed be suoj hiect to a cuug e t Owners against the '\"<" ,- .' • ",.,\.:ssmellts made by the ASSOClUtion of Apartmcn Grantors in excess of the amount therein, setforth, f'the Association shall obtain 22, That the Manager or Board of Managers 0 'i'.orm and amounts ._ . ranee m I' and continue in effect blanket propcrty IOSU ( 'family units but . f , fi t ortgages covenng sa~ls actory to mortgagees holding us rn " , unit to obtain individual without prejudice to the right of the owner ofa family family unit insurance, 23. That insurance premium for any blanket insurance cbovehragAeshal,l bt.ea I vied t e SSOCla Ion common expense to be paid by monthly assessments e . Y h IIbe held In a separate account of Apartment Owners and that such payment sa. " and used solely tor of the Association . the paymen t of the blanket Insurance. premium as such premium become due. 24. From the Terrace Floor to open to sky shall be used by Grantor fawner for them self and no one shall have the right of title from terrace floor to open to sky.Grantor/owner/s of the said apartment only use the said terrace.That the Grantor/owner has right to utilize and install Mobile Tower of any company .on the terrace of the said apartmentibuilding.No member,flat owner & .any third person has no right to obstruct to the Grantor/s in respect of the mobile tower. All the rights and ownership of the terrace arc reserved for Grantor/owner he will be constructed on the terrace without consent and permission of the Flat owner and the other grantors. 25. It is specifically agreed by and between the grantor/s that the Grantor/ owner shall be entitled to have the said area corrected on the revenue records and more particularly on city survey extract and is solely entitled to the additional benefits if any inculding additional FSI or permission to additionally ;'"'~ constru~t suing the sai~ added a~ea or otherwise an~ ?ther benefits/s that rna w:~ ~~:ilT\t be sanctioned or permitted by the concerned authorities as per law or as res 4 ~!"';, of correction of the said area. ~ ( .- Grantor/owner have right to claim, utilize and consume the ful Iu.\.. additional FSIIF AR ofTDR potential available granted and permitted under t '\ law. . , ~ 26. Grantor/owner shall be entitled to utilize all the FSI availably of the said property and also to load a.nyTOR [Transfer ofOcvelopment Rights] ofD y _. ~ of any other land on the said property, which may be permissible to utilize ~ .. I:_' the said property so as to the dev~lop the said property. Other grantors and ( ~~')h L i owners! shop owners shall not ~bJect or raise any dispute for the Grantor/Ov ner .!...-'--"- utilizingany other TORJDRC [mcluding TDRlDRC pertaining to slum] as ~ 0~ -12- pcrmissihlc hy luw on the said property and loading the slime thereon.The other gl'llntors lind I1l1to\vners/shop owners shall not to claim any further amount or hcncfit I()I' the (iruntor loading nny TDR/DRC in and upon the said property. 27. The unit holder orthis apartment have benefit orland inside of their unit only. No cncruccluuunt in the building will be governed by unit holders unit holders ol'thc nnnruncms. 2X. TIll! upnrtmcnt owners ol'thc said building have a liherty to take electric connect ion 011 their OWII cost for their apartment and the electricity charges arc to he home by them. 29. Any apartment holder has right to take a separate tap connection from municipal council and ill that event, he will to bear all the expenses for the said connection and further water charges regularly. 30. The administration of the said condominium shall be in accordance with the provisions of' this deed and the moderate byelaws of till: law. Which arc prepared but not attached along with this deed.The byelaws will governed which are settled adn moderate bylaws accordance with the provisions of the Maharasbtra Apartmcnt Ownership Rules, I972. 31. Every apartment of this condominium may bc conveyed and registered as individual property capable of independent use and on account of each having its own exit to common area and facilities of building landing to public street and each apartment owners having the exclusive and particular rights,title and over his respective aprtments and in addition to the specified undivided interest is the general common areas and facilities and also the specific undivided interest in the restricted common areas and facilities as per their respective apratment and share space of each apartment. 32. So long as the Grantors own one or more of the apartment of the condominium, they shall be subject of the provisions of this act and also to those of byelaws and the Grantor convenient to take no action whatsoever which would adversely affect the rights of association of apartment owenrs with respect to the assurance against the intent defect in the building of other rights if' any, assigned to the Association by leason of the establishment of this Condominium. 33. The General and / or restricted common areas and facilities shall remain to be undivided and owners of any reason on any ground can not seek for partition of division thereof. 34. The aforesaid percentage of the considered interest in the general or restricted common areas and facilities shall not be changed except with the unanimous consent ofall the apartment owners expressed in the amendment of this Deed duly executed and also duly registered. -13- o I 'rein to the plan or I'scnbed t Ie 11' 'I 11 _,=" ... - The dcscriptit)n of the properl) (.1.:. 0 , t n1cntionc< iercm S 1.1 0 0 0 apartment O\\llership shall not he re\Ooked.theP~lt\~l\ile apartment own~rs and not he reHllweli from time to time unless and untIl, e" to such revocatIOn rc- , 'IY'lllr " It' ml)rtga(le~ ~ ::- . of the apartcmcnt • , if unv " UIHUlllllOU~ i' ~ 'trllment in that bcha . terel 1115 moval or amendment dulv executed and regis . 'sions ofthis Deed and I with the proYI' 0 0', I 36, Each apartment owner shall comp ) • t Owner and the deCiSIOns a~H. uie bye laws of the Association of the Aparlll1cn ,I failurc to comply With . '. t owners anl , , resolutions of the Association ot Apnrtn:t:n I be a ground for an action to any such provisions. decisions ofresolutlOnS shul d ction for injunction relief, d also an ac recover all sums dues for damages etc, an , prohibitory andl or mandatory as well. . ib d herein to the plan of 37, The description of the property ~CSC;I e this plan of apartment apartment ownership shall not be revoked r?m nless and until all the r. tirne to ·tnne u ownership as lawfullv amen de d trom I Of Inanimously aarcc to . f I artment 1 any l , 0 apartment owners and mortgages 0 t ic ap: ted and registrered such revocation removal or amendment duly execu ' instrument in that behalf, ' lffrom liability towards his 38, The apartment owner can not exempt Iumse iovment of . -er or user or enjoyment 0 contribution toward the common expenses bY waiv d , anv of the general or restncted . an d c.raci'tlities nor byaban onment common area r., -, 1 h ds of manner so Ionz0 as he 01 hIS apartment UOIt nor by any ot ier met 0 s restrains his ownerships. 39', All sums assessed by the Association but remaining unpaid for the share of common expenses chargeable to the individual apartment respectively shall constitute a charge on such apartment and that charge shall have precedents over all other charges except those of Government and or municipal council / corporation for any taxes including property taxes, , . ':'--~~ .' '( 40, If this condominium is destroyed or substantially damaged, its repairs of/:~ ;:;:\: -~>.~ reconstruction, or disposal shall be as provided in the Maharashtra Apartme (,!;,~ '0,.,0 " '( Ownership Act, 1970 and shall be done by the dignitaries thereto / Associati ~! i :~.~ of the Appartrnent Owners bY,unanimous fund,2/3rd or simple majority, W ~,\' ~ the consent of person occupying largest area III the apartment Every sale ,)\ ~ mortg~ge etc.or any aparll~e~t shall subject to the aforesaid first Charg~(t;: ..;::,' :~0:" regarding dues of the ~SsoclUllon of,Apartment Owners, by the transferen~e ~~, shall not be personally hable for the pnor dues towards the transfer in his fauvor. No al~endment ,o,f this declaration. shall be made cxcep , _., accordance With the provisions of the Maharashtra Ownershi R 1 197 d r" :-1 may be amen d c d from irorn titunc to time, p u e, an... ~i,.,(j-H: 0 -"'" fl~~~ IN \VITNESS WHEREOF the Declarant have hereto set her hands his ~ 0 9 ~ . 07 th day of June 2019 ••••• ••• • •• •• •• •• • •• • • • •• • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • t· • • • BYLAWS • • • • • • • • • •• "PADMSHRI RESIDENCY -IV" •• • • • • • • • • • • • • •• • • •• • • • • ••••• • •••••• • • • • ••• • • • • • • • •• • •• •• • • • • • • • • • • •• \ I \; "PADMASHREE RESIDANCY-IV" CHAPTER I 1. Short title and application: i) These Bylaws may be called by Bylaws of the "PADMSHRI RESIDENCY -IV" Condominium. ii) The provisions of these bylaws apply to the "PADMSHRI RESIDENCY - IV "Condominium. iii) All present or future owners,tenants,whoever that might use the facilities of the building in any manner are subject to the regulations set forth in these bylaws. iv) Mere acquisition or rental or taking on license any of the apartments of (herein after referred to as "unit") the building of the act of occupancy of any of the said units will signify that these by-laws arc accepted, ratified and will be complied with by the occupants,his employees.invitees and relatives, if any. 2. Definitions: (i) In these bylaws,unless the context requires otherwise: (a) "Act" means the MaharashtraApartment Ownership Act, 1970; (b) "Association" means the Association of all the apartment owners constituted by such owners for the purpose of management of the "PADMSHRI RESIDENCY - IV"Condominium. (c) "Board" means a Board of Managers consisting of one person from owners of units on any floor in "PADMSHRI RESIDENCY - IV" Condominium. (d) "Building" means the building located at PLOT NO. 69 OUT OF SURVEYNO.8&14/2 SITUATEDATDEOPUR TAL.DHULE DISTDIIULE WITHIN THE DHULE NIl JNCIPAL COUNCIL LIMIT, known as "PADMSHRI RESIDENCY - IV" Condominium and includes the land forming part thereof; (e) "Declaration" means the Declaration, which the landlord or the sole owner of the building or all the owners of the building have executed and registered as provided in section 2 ofthe said Act. (1) "Majority of owners" means those owners holding 51 per cent of the votes in accordance with the percentage assigned in the declaration; (g) "Owner" or "apartment owner" means the person owing flat or any portion thereof, ofan apartment in the"PADi\1SHRI RESIDENCY - IV" Condominium. (h) "Section" means a section of the said Act; (i) "Unit" means apartment in "PADi\1SHRl RESIDE0JCY -IV" Condominium. U) "Registrar" means the Registrar of Cooperative Societies. nRl RESIDENCY - Ms OA arttllent "PAD i . ; I (k) Apartment means every Ilat 0 l P ~ I IV" but not deflne( .. . . d i these bylaWS~ I in the (11) The words and expressions usc 111 . lv ussigned to t lent . respecttve • thcrin. shall have the meanmg Act. 3. Apartment Ownership: 9 OUT Of SVRVE: oN~.8 & 14/~ TI1C building located in at POLT~O. ~rDI-IULE WITHIN I HI., Ol-IUI ,I:: SITUATEDATDEOPURTAL.DI-IULED~~. MSI-IRIRESIDENCY -IV MUNCIPAL COUNCIL LIMIT. knowI~a.s P~'he Act.Thc actual plot owner, Condominium is subjected to the provIsIOns of 'Apartntent owners arc only I i.e.landlord, is & would be owner of the prop~rt). ission of actual owner Ii . . Unit W'thout prior perrm the owners of their respective Ill. I rtment has right to change none of the Apartment owner,occupant of Apab ch of these conditions ir . or name 0f tepa construction hArt me.nt and any rea . . f ce the civil and criminal made by anybody, then he/she/it \~ill ~e ltable t~s ~he word "landlord" docs action as well as compensate landlord lor dama~ ~ the landlord may be the not mean and include "apartment o\vner.Howeve • "apartment owner". 4) Object of Association: . (1) The object of the Association shall be : . (a) To be and to act as the Association of Apartment Owners 01 the building called "PADMSHRl RESIDENCY :- IV" Condominium. (herein after called "the said building") who has filed their respective Declaration submitting their aprtment to the provisions of the Act. (b) To sell, let out, lease or transfer in any way apartment/unit, or part thereof. (c) To invest or deposit money; (d) To provide for the maintenance, repairs and replacement or the common area and facilities by contribution from the apartment owners. . (c) To provide for and do all the matters provided in sub-section(2) or section 16 of the Act; (1) To ad~'ance the apartment owner/s short term loan in case of anv ~ $1(/11 emergent necessity and to provide for the repayment thereofin installments' , (g) On commercial basis to establish and cnrrv onn- : lu .• mp slim or I ~ ;:: : - ,:,'. or jointly with individuals 0 . t' . c . ~ on, on Its Own accou r InS itutions educatlonal ph . I . 1 ¥,\ recreating activites for the benefit ofth' , ysicu ,SOCia an (~\ _ e apartment owners' <7/1,' . (h) To frame rules with the approval f' ".".1 association and after consulting the ,0 the general meeting of t:IC ~~~.; . competent auth it provident fund and gratuity fund if on y and may cstahlish of the Association; , necessary, for the bene tit ofthe em lovee (i) To do all things necessary or/ d. • ..rir: .... oflandlord,owner of apartment and for ~ oth~n\,lse provide for the ... ~ ;::~1-1 in these bylaws. . e attaInment of the objects sh}~ I IILj3 L_ ~()9~ ~. The ~\SSOl'illtiollxlmll nut net bcyonrl the scope of its objects without duly lI111clUllllg the provisiolls ol'thcsc bylaws lilr the purpose. S, !\1cmhl'rs uf Assul'infi(lll: (I) All persons who have purchased apartment in the "P;\DMSIIRI RES IDENCY - IV"l 'omkuninium and execute respective IJcclanuion under section) suhmitting their npnruncnt to provision ofthe Ad shall automatically be the member of the Assoeilltion, und shall pay the sum oflwo hundred lifty rupees as cnlrnncc lee and ilia), purchase at least on share or the face value Rs.2) 11- each, linch apartment owner shall receive a copy or the bylaws on payment olhundcrcd rupees separately. Nobody shall be entitled to hold and occupy an)' unit unless and until he becomes the member of the Association. (2) Upon any apartment owner selling his apartment or absolutely conveying the same by way of gill or under his will or otherwise, the purchaser or donee or beneficiary of such apartment shall liable to pay fresh entrance fcc and share transfer fcc. The shares held by the predecessor in title of the unit under transfer shall be transferred to the name of such purchaser or donee or beneficiary thereupon. I (3) On the death of an apartment owner, his/her apartment shall upon payment of en trance Icc be transfered to the person or persons to whom he/she bequeaths the same by his will, or to the legal representatives ofhisiher estate. In case he has not made any specific bequest of the apartment, the name of the legatee or the names of the legal representatives jointly shall be entered in the register of apartment owners maintained by the secretary for the purpose of administration of as"PADMSHRl RESIDENCY - IV" Condominium as apartment owner or joint apartment owners. Where any legatee is a minor, the apartment owner shall be entitled to appoint a guardian of such minor. 6) Joint Apartment Owners: Where an apartment has been purchased by two or more persons jointly, they shall be jointly entitled to th~ apartment and the shares of the Association :!, . shall be issued in their joint names, but the persun whose name stand first in the share certificate shall alone have the right to vote. 7) Holding of one share compulsorily: Every apartment owner must hold at least one share of the Association (joint apartment owners holding the share jointly) 8) Disqualification: No apartment owner shall be entitled to vote on the question of election of the members of the Board or Persident, Secretary, Treasurer or any other office-bearer or he shall not be entitled to stand for election to such office, if -::------- he is in arrears of any such due from him in respect of his contributions for r--r---I common expenses, for more than sixty days prior to the date of election to the Board would take place.