ALLOTTMENT LETTER To, Date: ……………….. Mr. ……………………………… Mrs. ……………………………. Address……………………………………….. ………………………………………… E-mail address:…………………………………. Dear Sir / Madam, You have shown your interest in purchasing an Flat (details of Flat are more particularly described herein below) in our project ‘‘BRAHMAKAMAL’ APARTMENTS,situated at Plot No. 95, S.No. 8 & 14/2, CTS No. 4780/95 at Jaihind Colony, Village Deopur, Tal & Dist-Dhule. at We have accepted your offer on following terms and conditions; Flat PARTICULARS: FLAT NO.------ BUILT UP AREA---------SQ.MT CARPET AREA ----------sq.mt. USABLE FLOOR AREA OF ENCLOSED BALCONY_________________ sq.mt. USABLE FLOOR AREA OF ATTACHED BALCONY_________________ sq.mt. USABLE FLOOR AREA OF TERRACE _________________ sq.mt. TOTAL USABLE FLOOR AREA OF BUNGLOW _________________ sq.mt. COVERED PARKING SPACE for 4 wheeler No.-----------, TOTAL PRICE AND PAYMENT PLAN Price of FLAT Rs. Price of covered car parking Rs. AGRIMENT COST:RS. Page | 1 PAYMENT SCHEDULE: 1. On or before execution of agreement: 10.00% 2. After casting the Parking Slab: 20.00% 3. After casting the Upper Ground Floor Slab 15.00% 4. . After casting the First Floor Slab: 15.00% 5. . After casting the Second Floor Slab: 15.00% 6.On completion of the walls, internal plaster, Electrification & Wall putty:10% 7. Floorings of the said Flat : 05.00% 8 Completion of the external plumbing and external Finishing, elevation, terraces with waterproofing of the building, Sanitary fittings, staircases, doors and windows of the said Flat :05.00% 9. At the time of handing over of the possession of the Flat to the Allottee on or after receipt of completion certificate, whichever is earlier: 05.00% Grand Total 100.00% OTHER CHARGES PAYABLE BY ALLOTTEE ON OR BEFORE EXECUTION OF AGREEMENT Stamp Duty- 5% Registration Charges- 1% GST - @ 1% or as applicable Miscellaneous registration expenses: Legal cost, charges and expenses: Share money, application entrance fee of the Society: Charges for formation and registration of the Society: Deposit towards Water and other utility and services connection charges: TOTAL: AMOUNTS PAYABLE BY THE ALLOTTEE ON OR BEFORE DELIVERY OF POSSESSION OF THE TWIN BUNGLOW: Deposit towards provisional monthly contribution towards outgoings of Society and Maintenance charges Rs………. paise X…………Sq.ft total usable area X for…24…….months. Page | 2 GST (@18%) on the maintenance Charges(or as applicable) Total: TERMS AND CONDITIONS: 1) Issuance of this non-transferable Allotment Letter to the Allottee(s) by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee(s) until, firstly, the Allottee signs and delivers the Agreement with all the schedules (Copy attached) along with the payments due as stipulated in the above Payment Plan within 30 (thirty) days from the date of this Allotment Letter; and appears for registration of the Agreement before the concerned Sub- Registrar as and when intimated by the Promoter. This Allotment Letter is not meant or be treated or deemed to be as Agreement as contemplated under provisions of law. 2) If the Allottee(s) fails to execute and deliver to the Promoter Agreement within 30 (thirty) days from the date of this Allotment letter and/or appear before the Sub Registrar for its registration as and when intimated by the Promoter within the aforesaid 30 days, then the Promoter shall serve a notice to the Allottee by email/by hand/by Post/by courier on the address given by the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application/Allotment of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection there within including the booking amount/ token amount shall be returned to the Allottee without any interest or compensation whatsoever. 3) Minimum token amount should be equivalent to Rs.1, 00,000/- of the agreement cost, which shall be retained as interest free bonafide refundable deposit, refundable. 4) Unless agreement is entered into by the applicant, no right of any nature is conferred or intended to be conferred by this Letter on the applicant. 5) All taxes, cess, charges or levies under any concerned statute shall be borne by the Purchaser, over and above price of the Bungalow. 6) The Purchaser has received the floor plan & specification, of the said flat at the time of booking and has no confusions whatsoever and would not change the option confirmed by us on the date of booking. 7) In case of cancellation for any reason whatsoever then the amount paid by the Allottee against the said booking shall be returned within 30 days from date of cancellation of booking without interest. I / We have read, understood, accepted and agreed for the above mentioned Page | 3 Contents, payment Plan, terms and conditions. Allottee’s Signature 1) ______________________ 2) _________________________ For Piyush Lifespaces Pvt Ltd (PROMOTER) Mr/Mrs………………………………. Senior Executive/Assistant Manager-Sales sign: _____________________ Page | 4 AGREEMENT FOR SALE This Agreement for Sale (“Agreement”) executed on this __ day of ____20____, By and Between 1. SMT. SUNANDA VINAYAK PATIL (LAND OWNER), aged about 52 years, occupation – Household (PAN – BPSPP1397D) (Aadhar no. 6970 1845 4314) 2. MR. MANDAR VINAYAK PATIL (LAND OWNER), aged about 27 years, occupation – Business (PAN – BONPP7279E) (Aadhar no. 6993 1906 7540) BOTH R/O. 95, Jaihind Colony, Deopur, Dhule AND 3. MS. MANISHA SURESH VALVI (LAND OWNER), aged about 36 years, occupation – Household (PAN – ALCPV1727E) (Aadhar no. 7181 3913 2443) R/O. B-106, Pauline CHS limited, Dongri Road, Near St. Peters High School, Diwanman, Vasai West, Bhasin Road, Vasai, Thane. 401202. Through its Developer and Power of Attorney Holder PIYUSH LIFESPACES PRIVATE LIMITED, (Corporate Identity Number U45400MH2012PTC228840), a company incorporated under the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered office at Ground Floor, Sadafuli Apartments, Vidyawardhini Colony, Sakri Road, Dhule and its corporate office at Ground Floor, Sadafuli Apartments, Vidyawardhini Colony, Sakri Road, Dhule (PAN - AAGCP5624A), represented by its director/authorised signatory directors SANJAY SADASHIV DESALE, aged about 50 years, occupation: business (Aadhar no. 5864 9952 5387), OR SHARAD SADASHIV DESALE, aged about 48 years, occupation: business (Aadhar no. 2734 6143 1667) authorised vide board resolution dated _______________ hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees); AND Mr. / Ms. ___________________, (Aadhar no. __________________) son / daughter of ______________, aged about _________, residing at _________________________________, (PAN __________________), hereinafter called the “Allottee” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in-interest and permitted assignees). The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and individually as “Party”. WHEREAS:- Page | 5 A. WHEREAS by the way of Declaration Deed executed Smt. Sunanda Vinayak Patil, Mr. Mandar Vinayak Patil and Miss Manisha Suresh Valvi (hereinafter referred to as "the Land Owner of the Scheduled Property”) All three will be reffered as Co-Promoter of the One Part, the Land Owner had declared the Apartment to be built on the piece or parcel of freehold land lying and being at Plot No. 95, S.No. 8 & 14/2, CTS No. 4780/95 at Jaihind Colony, Village Deopur, Tal & Dist- Dhule. in the office of Sub Registrar -District of Dhule, admeasuring 543.30 sq. mtrs., (vide Document No. 2793) dated 02.07.2019 or thereabouts more particularly described in the Schedule- I therein as well as hereunder written (hereinafter referred to as "the project land') and to construct thereon building/s in accordance with the terms and conditions contained in the Declaration Deed. B. WHEREAS by the way of Development Agreement & Power of Attorney dated 02nd day of July 2019 executed between Smt. Sunanda Vinayak Patil, Mr. Mandar Vinayak Patil and Miss Manisha Suresh Valvi (hereinafter referred to as "the Land Owner of the Scheduled Property”) of the One Part and the Co-Promoter of the Other Part (hereinafter referred to as "the Development Agreement"), the Land Owner granted to the Promoter development rights to the piece or parcel of freehold land lying and being at Plot No. 95, S.No. 8 & 14/2, CTS No. 4780/95 at Jaihind Colony, Village Deopur, Tal & Dist- Dhule. in the office of Sub Registrar -District of Dhule, admeasuring 543.30 sq. mtrs., (vide Document No. 2794) dated 02.07.2019 or thereabouts more particularly described in the Schedule- I therein as well as hereunder written (hereinafter referred to as "the project land') and to construct thereon building/s in accordance with the terms and conditions contained in the Development Agreement/Power of Attorney. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals herein above; AND WHEREAS the Promoter has floated the Flat scheme on the said Land under the name and style of ‘BRAHMAKAMAL’ APARTMENTS comprising of 12 flats (residential units). Though the Promoter herein has right to develop the entire project land, the promoter has decided to carry out Page | 6 construction/development and is only subject matter of this agreement and the said project shall be known as ‘BRAHMAKAMAL’ APARTMENTS hereinafter referred as “Said Project” and admeasuring 543.30 sq. mtrs., or thereabouts more particularly described in Schedule-II and shown in Annexure____C2A____; AND WHEREAS in the above mentioned development agreement dated 02nd July 2019, between the Promoter & the Land Owners Smt. Sunanda Vinayak Patil, Mr. Mandar Vinayak Patil & Miss Manisha Suresh Valvi, the Promoter had acquired the Possession of the above Plot and developed Apartment Scheme under the said project ‘BRAHMAKAMAL’ APARTMENTS on the above plot. The Promoter has right to sale the Flats in the above plot except Five Flats bearing numbers 1,2,3,4 on Upper Ground Floor and Flat No. 8 on First Floor. These Five Flats are given to the Land Owners as consideration of the above plot and the Original Land Owners has Full right to sell the above Flats. The Promoter has full right to sell the remaining Flat Nos. 5, 6, 7 on First Floor and 9,10,11,12 on Second Floor of ‘BRAHMAKAMAL’ APARTMENTS. AND WHEREAS the Promoter has completed all the legal formalities with respect to the right, title and interest in respect of the project land on which the said project is to be constructed. The Promoter herein alone has sole and exclusive right to sell the Flats in the said project to be constructed by the Promoter on the project land (Except Five Flats bearing Nos. 1,2,3,4 & 8) and is fully competent to enter into agreement/s with the Allottee/s, lessee, mortgagee, of the Flats and to receive the sale price in respect thereof. AND WHEREAS the Promoter has entered into a standard agreement with its Architects, viz Wastu Rachna Associates Mr. Rajendra S. Chhajed (hereinafter referred to as "the Architect"), who are registered with the Council of Architecture, and such agreement is as per the agreement prepared by the Council of Architecture, and the Promoter has appointed a structural engineer for the preparation of the structural design and drawings of the said project/buildings, and the Promoter accepts the professional supervision of the Architect and structural engineer till the completion of the said project. Page | 7 AND WHEREAS the Promoter has proposed to construct on the project ‘BRAHMAKAMAL’ APARTMENTS a project of one wing having Upper Ground floor, First floor and Second floor Residential Construction and with right to built upper floors. AND WHEREAS the Allottee has offered to purchase a Flat bearing number - --- on -------- Floor, (herein after referred to as the said “Flat”) being constructed in the ‘BRAHMAKAMAL’ APARTMENTS, by the Promoter. ----------------------- AND WHEREAS The Allottee/s herein has demanded from the Promoter and the Promoter has given inspection to the Allottee/s, of all the documents of title relating to the said project described in the Schedule-II hereunder written and also the plans, designs and specifications of the said building prepared by the Architect and of such other documents as are specified under the Real Estate (Maharashtra Regulation and Development) Act, (MahaRERA) 2016 (hereinafter referred to as "The Said Act") and rules and regulations made thereunder. After the Allottee/s enquiry, the Promoter herein has requested to the Allottee/s to carry out independent search by appointing his/her/their own attorney/advocate and to ask any queries, he/she/they have regarding the marketable title and rights and authorities of the Promoter. The Allottee/s has/have satisfied himself/herself/themselves in respect of marketable title and rights and authorities of the Promoter herein. That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the conveyance of the said building/phase and the said land thereunder. AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Flats are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively Page | 8 AND WHEREAS the authenticated copies of the plans of the Layout of the said project as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C1. AND WHEREAS the authenticated copies of the plans of the Layout of the said phase as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said phase have been annexed hereto and marked as Annexure C2, AND WHEREAS the copy of the proposed layout plan and the proposed project/building/phase plan showing future proposed development as disclosed by the developer in his registration before the RERA authority and further disclosures on the website as mandated by the developer have been annexed hereto and marked as Annexure C2A AND WHEREAS the clear block plan showing the project (phase/wing/flat) which is intended to be constructed and to be sold and the said unit which is intended to be bought by the allottee is in this said project (phase/wing/flat) which is clearly demarcated and marked and which is for the purposes of this agreement the project in which the unit stated that the allottee intends to purchase and the allottee shall have the right to claim the same for is marked as Annexure C3 AND WHEREAS the authenticated copies of the plans and specifications of the Flat agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D AND WHEREAS the Promoter has obtained some of the sanctions/approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Completion Certificate or Occupancy Certificate of the said Project. (There are Two Plans One Original and One Revised for the ‘BRAHMAKAMAL’ APARTMENTS projects which are approved by Dhule Municipal Corporation, Dhule Tal.Dist. Dhule The approvals are as follows: Vide Letter No. 717 Page | 9 Dated 23/10/2018 and Revised Plan Vide Letter No. 1685 Dated 16/03/2019 AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s/flat/s /phase shall be granted by the concerned local authority. AND WHEREAS the Promoter has in compliance with rules, regulations and restrictions of the concerned local authority which are to be observed and performed by the Promoter while constructing/developing the said project has accordingly commenced construction/development of the same. AND WHEREAS the allottee has agreed to purchase the said unit based on going through all the conditions stated in the sanctioned plans by respective competent authorities and have further confirmed that all such conditions shall be bound and abided by the allottee strictly. AND WHEREAS the allottee on confirmation of accepting all the conditions of sanctioned plans by competent authority, has further stated that if any conditions that have been imposed on the said project/ building/ phase/ wing which are contrary to the prevalent laws/ rules/ regulations under which sanctioned plans have been given shall not be binding on the allottee and that the allottee shall not hold the developer responsible for the such contrary conditions. AND WHEREAS the allottee has independently made himself aware about the specifications provided by the promoter and he is aware of the limitations, usage policies and maintenance of the installed items, fixtures and fittings of the same and have been annexed and marked as Annexure G AND WHEREAS the allottee has been shown the conditions of contracts with the vendors/ contractors/ manufacturers And workmanship and quality stands of products/fittings and fixtures as agreed between promoter and the vendors and on independently verifying the same the allottee has now agreed to the same as conditions mentioned in these contracts and that Page | 10 the allottee agrees to abide by the same failure of which shall absolve the promoter to that extent. AND WHEREAS, the Promoter has registered the said project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at …………………. On………………under registration no……………. have been annexed and marked as Annexure F AND WHEREAS the Allottee has applied for Flat in the said project vide application no. ___________ dated _________ for Flat no. 5 on First Floor having carpet area of 55.94 square metres i.e 601.91 square feet, type RCC, and exclusive terrace area and balcony area admeasuring ______ square metres i.e _____ square feet being constructed in the ‘BRAHMAKAMAL’ APARTMENTS the said project along with garage/closed parking no. P5 admeasuring ________ square metre i.e _______ square feet in the _______________[Please insert the location of the garage/closed parking], if applicable and pro-rata share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the said Flat” and further …………….. square metre ie………. Square feet of limited common areas and facilities both of which are more particularly described in Schedule III and the floor plan of the flat is annexed hereto and marked as Annexure E); AND WHEREAS relying upon the aforesaid application, the Promoter has agreed to allot and sell to the Purchaser/s, the said flat at the price and on the terms, conditions, covenants, stipulations and provisions hereinafter appearing. AND WHEREAS the carpet area of the said Flat is 54.56 square meters and "carpet area" means the net usable floor area of an flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Flat for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the flat. Page | 11 AND WHEREAS, the Allottee/s prior to execution of these presents has paid to the Promoter a sum of Rs_______ (Rupees_________) only, being part payment of the sale price of the Flat agreed to be sold by the Promoter to the Allottee/s as advance payment or deposit (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee/s has agreed to pay the remaining price of the Flat as prescribed in the payment plan as may be demanded by the Promoter within the time and the manner specified therein. AND WHEREAS the Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein; The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the said project. AND WHEREAS Subject to otherwise agreed, reserved and provided herein, the Promoter has agreed to sell and the Allottee/s hereby agrees to purchase the Flat and the garage/closed parking (if any) as specified in para ___. AND WHEREAS the Promoter in compliance of section 13(1) of the Real Estate (Regulation and Development) Act, 2016 is required to execute a written Agreement for sale of the said Flat in favour of the Allottee/s, being in fact these presents and also to register said Agreement for sale under the Registration Act, 1908, the parties hereto are desirous to reduce in writing all the terms and conditions of this transaction and hence this presents. Notwithstanding anything stated in any other document/ allotment/ letter given or communicated with the allottee any time prior, this agreement shall be considered as the only document and its condition shall be read as the only conditions valid and basis for which the said flat is agreed to be sold to the allottee. AND WHEREAS This agreement shall remain in force and shall not merge into any other agreement save and except the conveyance deed as stated herein below. Page | 12 AND WHEREAS this agreement does not preclude, diminish the rights of any financial institutions, fund, registered money lender for which finance has been taken for the project and the same can be claimed by them under the statutory claims and that this does not in any way affect the right of the allotted in respect of his flat in the said project. AND WHEREAS the Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; And that the allottee has not given any third party any rights to enforce this said agreement unless the said unit is transferred to them. NOW THEREFORE, THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. CONSTRUCTION OF THE PROJECT/APARTMENT:- The Promoter shall construct the said project named ‘BRAHMAKAMAL’ APARTMENTS consisting of 12 Flats & Proposed 4 Flats on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations and modifications which may adversely affect the Flat of the Allottee/s except any alterations or additions or modifications in the sanctioned plans, layout plans and specifications of the buildings or common areas of the said Apartment which are required to be made by promoter in compliance of any direction or order, etc. issued by, the competent authority or statutory authority, under any law of the State or Central Government, for the time being in force. Promoter may also make such minor additions and alterations as may be required by the Allottee. 2. CONSIDERATION/PRICE OF THE SAID FLAT:- 2.1. The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Flat No. 5 of carpet area admeasuring 55.94 sq. metres on First floor of the Apartment Page | 13 (hereinafter referred to as "the Flat") as shown in the plan thereof hereto annexed and marked Annexures ___D__ and ___E___ for the consideration of Rs. ................... including Rs. ................... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the limited common areas and facilities which are more particularly described in the Second Schedule annexed herewith. (the price of the Flat including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 2.2 The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/- (PARA 2.2 IS NOT APPLICABLE FOR THIS APARTMENT) 2.3 The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos P5 situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/-. Further that the purchaser shall not in the future raise any dispute about the suitability of the said parking space as constructed by the developer. (PARA 2.3 IS NOT APPLICABLE FOR THIS BUNGLOW NO.3B) 2.4 The total aggregate consideration amount for the Flat including garages/covered parking spaces is thus Rs.______/- 2.5 The Allottee/s agrees and understands that timely payment towards purchase of the said Flat as per payment plan/schedule hereto is the essence of the Agreement. The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs ............................( Rupees ......................................) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of Page | 14 the Plinth of the building or wing in which the said Flat is located. iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said Flat is located. iv. Amount of Rs......./-(.............) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, of the said Flat. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the staircases, lift wells, lobbies upto the floor level of the said Flat. vi. Amount of Rs....../-(..........) ( not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Flat is located. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Flat is located. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Flat to the Allottee on or after receipt of occupancy certificate or completion certificate. Note:- Payment Plan may also be set out in Schedule & may be modified considering particular type of building/Number of storied ,construction stages. The price overall has been arrived and agreed upon keeping in mind the promise of the purchaser to make the payments as mentioned above irrespective of the existing work progress and proposed stage of construction . The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Cess, GST or any other similar taxes which may be levied, in Page | 15 connection with the construction of and carrying out the said Project payable by the Promoter up to the date of handing over the possession of the Flat. 2.6. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, 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 from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. The promoter will charge the allottee separately for any upgradation/ changes specifically requested or approved by the allottee in fittings, fixtures and specifications and any other facility which have been done on the allottees request or approval but which have not been agreed upon herein or as shown in the website of the registered authority 2.7. The Promoter herein on due date/or on reaching aforesaid construction milestone/stage shall intimate the amount payable as stated above in writing or by digital E-mail to the Allottee and the Allottee shall make payment of such due amount to the Promoter within seven days from date of receiving such intimation. The Allottee herein specifically agrees that he/she/they shall pay the aforesaid amount along with the service tax, VAT,GST and such other taxes, cesses, charges etc. without any delay along with each instalment. 2.5 The Promoter may allow, in its sole discretion, a rebate for early payments of instalments payable by the Allottee by discounting such early payments @ 6% per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. OR Page | 16 Payment of any instalments if made in advance shall be adjusted to the next instalments as mentioned above. No interest shall be paid by the Promoter for such advance payments made by the Allottee or by housing finance companies/bank etc on behalf of Allottee. 3. MODE OF PAYMENT:- Subject to the terms of the Agreement and the Promoter abiding by the construction milestones (not valid in special cases where specific dates are mentioned), the Allottee shall make all payments, on demand by the Promoter, within the stipulated time as mentioned in the Payment Plan through A/ c Payee cheque/demand draft or online payment (as applicable) in favour of ‘PIYUSH LIFESPACES PVT.LTD./BRAHMAKAMAL’ payable at DHULE. 4. ADJUSTMENT/APPROPRIATION OF PAYMENTS :- The Allottee/s authorises the Promoter to adjust/appropriate all payments made by him/her/them under any head(s) of dues against lawful outstanding, if any, in his/her/their name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 5. INTEREST ON UNPAID DUE AMOUNT:- Without prejudice to the right of the Promoter to take action for breach arising out of delay in payment of the instalments on the due dates, the Allottee/s shall be bound and liable to pay interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % per annum, with monthly rests, on all the amounts which become due and payable by the Allottee/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this Agreement, nor shall it be construed as condonation of delay by the Promoter. The amount of interest may be informed to the allottee/s from time to time or on completion of the said project, and the allottee/s has/have agreed to pay the same as and when demanded before the possession of the said flat. 6. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL/PLANNING AUTHORITY:-:- Page | 17 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority, state and or Central Government including Environment department at the time of sanctioning the plans or any time thereafter or at the time of granting Completion Certificate or anytime thereafter. The Promoter shall before handling over possession of the said flat to the Allottee/s herein, obtain from the concerned planning/local authority/development controlling authority occupation and/or completion certificate in respect of the said Apartment in which the Flat is situated. Notwithstanding anything to the contrary contained herein, the Allottee shall not be entitled to claim possession of the said flat until the completion certificate is received from the local authority and the allottee has paid all dues payable under this agreement in respect of the said flat to the Promoter and has paid the necessary maintenance amount/deposit, service tax, vat and other taxes payable under this agreement of the said flat to the Promoter. Howsoever for the purpose of defect liability on towards the developer, the date shall be calculated from the date of handing over possession to the allottee for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under maintenance of the said unit/ building/phase/wing as stated in the said agreement. That further it has been agreed by the allottee that any damage or change done within the unit sold or in the building/ phase/ wing done by him/ them or by any third person on and behalf of the allottee then the allottee expressly absolves the developer from the same liability and specifically consents that on such act done, he shall waive his right to enforce the defect liability on and towards the developer. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- The Promoter hereby declares that the Floor Space Index available (SANCTIONED) 1.32 as on date in respect of the project land is 720.41 square meters only and Promoter has planned to utilise Floor Space Index of 1.80 (977.94 SQ.MT) by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter Page | 18 has disclosed the Floor Space Index of 977.94 SQ.MT as proposed to be utilised by him on the project land in the said Project and Allottee has agreed to purchase the said Flat based on the proposed construction and sale of flats be carried out by the Promoter by utilising the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 8. DISCLOSURE AND INVESTIGATION OF MARKETABLE TITLE:- The Promoter has made full and true disclosure of the title of the said land as well as encumbrances, if any, known to the Promoter in the title report of the advocate. The Promoter has also disclosed to the Allottee/s nature of its right, title and interest or right to construct building/s, and also given inspection of all documents to the Allottee/s. as required by the law. The Allottee/s having acquainted himself/herself/ themselves with all facts and right of the Promoter and after satisfaction of the same has entered into this Agreement. 9. SPECIFICATIONS AND AMENITIES:- The specifications and amenities of the said Apartment to be provided by the Promoter are those that are set out in Schedule IV hereto. Common amenities for the project on the said land are stated in the Schedule V annexed hereto. In the project multi storied high rise buildings/wings are under construction and considering to maintain the stability of the buildings/wings and internal structures, herein specifically informed by its consultant not to allow any internal changes. As per our policy there shall be no customisation permitted inside the said flat. Changes such as civil, electrical, plumbing etc. shall not be allowed during construction and till delivery of possession. 10. COMPLIANCE OF LAWS RELATING TO REMITTANCES 10.1. The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made thereunder or any statutory amendment(s),modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which Page | 19 would enable the Promoter to full fill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time. 10.2. The Promoter accepts no responsibility in this regard. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said flat applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only. 11. POSSESSION OF THE FLAT:- 11.1. Schedule for possession of the said Flat:- The Promoter agrees and understands that timely delivery of possession of the Flat is the essence of the Agreement. Subject to receipt of full consideration/total price and dues of the Promoter and taxes thereon are paid by the Allottee/s in respect of the said flat, in terms of these presents, The Promoter, based on the approved plans and specifications, assures to hand over possession of the said Flat on 31/12/2022. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the allottee and the promoter for giving possession of the Flat on the aforesaid date, and the same shall not include the period of extension given by Page | 20 the Authority for registration. Further, if the completion of the Flat is to be situated is delayed on account of – (i) war, civil commotion, flood, drought, fire, cyclone, earthquake , act of god or any calamity by nature affecting the regular development of the real estate project (“Force Majeure”). (ii) Extension of time for giving possession as may be permitted by the Regulatory authority under Real Estate (Regulation and Development) Act, 2016 for reason where actual work of said project could not be carried by the promoter as per sanctioned plan due to specific stay or injunction orders relating to the said project from any Court of law, or Tribunal, competent authority, statutory authority, high power committee etc. or due to such circumstances as may be decided by the Authority. If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Flat, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 30 days from that date. After any refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 11.2. Schedule for possession of the Common amenities:- The Promoter herein is developing the said land which consists of common amenities ELEVATOR,CCTV etc.(Attached Schedule V & VI), the construction/development of the said common amenities will be completed in due course only after completion of construction of all the project on the said land. The Promoter, assures to hand over possession of the said common amenities on Page | 21 31/12/2022. The Allottee/s herein agrees and convey that he/she/they shall not be entitled to refuse to take the possession of the said flat on the ground of non completion of aforesaid common amenities. That the allottees further agree that even where ‘substantial completion’ of works has been done and after receiving OC from the competent authority possession of the said unit shall be given. That substantial completion would mean works done that do not affect his use or occupation of his unit and he can cohabit in the said unit. However if the developer is not allowed by the allottee or any person on his behalf to complete the remaining portion of the works, it shall be accepted by and between the parties that the remaining works shall be deemed to have been done as and against the developer. 11.3. Procedure for taking possession:- The Promoter, upon obtaining the occupancy certificate from the local/competent/planning authority shall offer in writing to the Allottee/s intimating that, the said flat is ready for use and occupation. The Allottee/s herein shall inspect the said flat in all respects to confirm that the same is in accordance with the terms and conditions of this agreement, complete the payment of consideration/total price and dues to the Promoter as per terms and conditions of this agreement and take the possession of the said flat within 15 days from the date of written intimation issued by the Promoter to the Allottee herein. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottee/s, as the case may be. 11.4. It shall be expressly agreed that wherever it is the responsibility of the allottee to apply and get necessary services the same shall not be undertaken by the promoter and the allottee shall be solely responsible for the same. 11.5. Failure of Allottee to take Possession of [Flat]: Upon receiving a written intimation from the Promoter as per clause 11.3, the Allottee/s shall take possession of the Flat from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Flat to the allottee. In case the Allottee Page | 22 fails or commits delay in taking possession of said Flat within the time provided in clause 11.3, such Allottee shall be liable for payment of maintenance charges as applicable, property tax, electricity charges and any other expenses and outgoing in respect of the said flat and the Promoter shall not be liable for the maintenance, wear and tear of the said flat. 11.6. Possession by the Allottee - After obtaining the occupancy certificate and handing over physical possession of the said Flat to the Allottee/s, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottee/s or the competent authority, as the case may be, as per the local laws 11.7. Compensation –That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the conveyance of the said building/phase/ wing and the said land thereunder. 11.8. Except for occurrence of the events stating herein above, if the promoter fails to complete or is unable to give possession of the Flat (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottee/s, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Flat, with the interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % percent per annum within 30 days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the said Project, the Promoter shall pay the Allottee interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % ,on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession of the Flat. 12. TIME IS ESSENCE:- Page | 23 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Flat to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as per Payment Plan in clause 2.5 in this agreement or by Payment Plan set out in Schedule ____ 13. TERMINATION OF AGREEMENT:- 13.1. Without prejudice to the right of promoter to charge interest in terms of sub no.5 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment reminders, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of 15 days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any administrative expenses of an amount of Rs/…………. and/ or any other expenses incurred by the promoter for such unit as requested by the allottee or any other amount which may be payable to Promoter, ) within a period of 30 days of the termination, the instalments of sale consideration of the Flat which may till then have been paid by the Allottee to the Promoter and the Promoter herein shall be Page | 24 entitled to deal with the said flat with any prospective buyer. Delay in issuance of any reminder/s or notices from the Promoter shall not be considered as waiver of Promoter absolute right to terminate this agreement. 13.2 For whatsoever reason if the Allottee/s herein, without any default or breach on his/her/their part, desire to terminate this agreement /transaction in respect of the said flat then, the Allottee/s herein shall issue a prior written notice to the Promoter as to the intention of the Purchaser/s and on such receipt of notice the Promoter herein shall be entitled to deal with the said flat with prospective buyers. After receipt of such notice of intention to terminate this agreement the Promoter shall issue a 15 days notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Purchaser/s shall be entitled to receive the refund of consideration, subject to terms of this agreement. 13.3 It is specifically agreed between the parties hereto that, if the transaction in respect of the said flat between the Promoter and Allottee/s herein terminated as stated in sub-para 13.1 and 13.2 herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoter and Allottee/s herein, in respect of the said flat, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. 14. DEFECT LIABILITY If within a period of five years from the date of handing over the Flat to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Flat or the building in which the Flats are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said flat of phase/ wing and in specific the structure of the said unit/ wing/ phase of the Page | 25 said building which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of flat by the Occupants, vagaries of nature etc. That it shall be the responsibility of the allottee to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his flat are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects liability period and such warranties are covered under the maintenance of the said unit/building/phase/wing, and if the annual maintenance contracts are not done/renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the flats and the common project amenities wherever applicable. That the allottee has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee, it shall be necessary to appoint an Page | 26 expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the unit/phase/ wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 15. FORMATION OF ORGANISATION OF FLAT HOLDERS/ APARTMENTS:- 15.1 Considering the Promoter herein is carrying on the construction/development on the said land in phases as aforesaid and further to have the maintenance of building/s and common facilities more conveniently, there will be one or more association of allottees/Co-operative Societies and/or Apex Society and/or limited company or as such may be formed by prevailing local laws as may be applicable to the said project, which the Promoter shall decide as suitable for the flat holders in the said project which is under construction on the said land. 15.2 The Allottee along with other allottee(s)s of Flats in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 15.3 The Promoter shall, (after 51 % of the sale) of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Flat is situated. Page | 27 15.4 The Promoter shall, (mention date) of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transfered to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 16. CONVEYANCE OF THE SAID FLAT:- The Promoter, on receipt of complete amount of the Price of the said Flat under the Agreement from the Allottee, shall execute a conveyance deed and convey the title of the said unit not later than …………………… years and with proportionate indivisible share in the Common Areas on dt/-………………. to the society/association/federation/limited company) as may be formed all the right, title and interest of the promoter/original owner/lessor/ in the aliquot part of the said land i.e said project referred in Schedule-II unless the above stated period is not clearly mentioned, it is otherwise agreed to by and between the parties hereto within 3 (three) months from the issuance of the occupancy certificate. However, in case the Allottee fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Allottee authorises the Promoter to withhold registration of the conveyance deed in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. 17. PAYMENT OF TAXES, CESSES, OUTGOINGS ETC:- 17.1 The Purchaser/s herein is well aware that, the State Government of Maharashtra has imposed value added tax (VAT) on the agreed consideration, for the transaction for sale of flat by the Promoter to the Allottee of the flats under the Value Added Tax Act 2002 and as per the aforesaid act responsibility to pay the aforesaid tax from time to time and hence it is agreed between the parties hereto that, the Allottee/s herein shall bear and pay the aforesaid tax amount on or about execution of this present or as becomes applicable from time to time for this transaction, to the Promoter herein to Page | 28 enable the Promoter to deposit / pay the same to the Government of Maharashtra. 17.2 The Allottee/s herein is well aware that, the Central Government of India has imposed GST on construction cost and which construction cost is to be determined as provided under the aforesaid act out of the transaction for the sale of flats by the Promoter to the Allottee/s and as per the aforesaid act responsibility to pay the aforesaid tax from time to time to the Central Government has been imposed on the Promoter and hence it is agreed between the parties hereto that, the Allottee/s herein shall bear and pay the aforesaid tax amount on every instalment of payment of consideration. 17.3 If at any time, after execution of this agreement, the service tax and Value Added Tax (VAT) ,GST etc is imposed/increased under respective statute by the central and state government respectively and further at any time before or after execution of this agreement any additional taxes/ duty/ charges/ premium/ cess/ surcharge etc., by whatever name called, is levied or recovered or becomes payable under any statute/rule /regulation notification order/either by the Central or the State Government or by the local authority or by any revenue or other authority, on the said flat or this agreement or the transaction herein, shall exclusively be paid/borne by the Allottee/s. The Allottee/s hereby, always indemnifies the Promoter from all such levies, cost and consequences. Provided that the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; 17.4 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Flat is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s as stated and defined as attached herewith in Annexure Page | 29 G……… Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs.......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 17.6 Notwithstanding anything contents stated herein above, the liability to pay the aforesaid taxes, outgoings, other charges etc. will be always on Allottee/s of the said flat and if for whatsoever reason respective Recovering Authority got recovered the same from the Promoter in such circumstances the Promoter herein shall be entitled to recover the same from the Allottee/s along with interests and Allottee/s herein shall pay the same to the Promoter within stipulated period as may be informed by the Promoter to the Allottee/s in writing. It is further specifically agreed that, aforesaid encumbrance shall be on said flat being first encumbrance of the Promoter. The Allottee/s herein with due-diligence has accepted the aforesaid condition. 18. DEPOSITS BY ALLOTTEE/S WITH THE PROMOTER:- The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts :- (i) Rs. 1000/-. for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. 5500/-. for formation and registration of the Society or Limited Company/Federation/ Apex body. Page | 30 (iii) Rs. At actual for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body. (iv) Rs.500/-for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs.10000/- for Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs.5000/- for deposits of electrical receiving and Sub Station provided in Layout. 19. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:- The Promoter hereby represents and warrants to the Allottee as follows: a) The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; b) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; c) There are no encumbrances upon the project land or the Project except those disclosed in the title report; d) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; Page | 31 e) All drawings, sale plans, other drawings are as given to the Promoter by the appointed Architect, Structural Consultants, other consultants, the developer has thus disclosed the same to the allottee and the allottee is aware that professional liability have been undertaken by them individually with the developer which shall prevail on these consultants individually or cumulatively if there is any loss/ harm is caused to the allottee and based on these said details of the drawings an the calculations and areas shown, the allottee has agreed to take the said unit. f) All approvals, licenses and permits issued by the competent authorities with respect to the Project, and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; g) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; h) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project which will, in any manner, affect the rights of Allottee under this Agreement; i) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Flat to the Allottee in the manner contemplated in this Agreement; j) At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, Page | 32 peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; k) The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; l) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 20. COVENANTS AS TO USE OF SAID FLAT:- The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Flat may come, hereby covenants with the Promoter as follows for the said Flat and also the said project in which the said Flat is situated. a. To maintain the Flat at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Flat is taken and shall not do or suffer to be done anything in or to the building in which the Flat is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Flat is situated and the Flat itself or any part thereof without the consent of the local authorities, if required. b. Not to store in the Flat any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the Flat or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Flat is situated, including entrances of the building in which the Flat is situated and in case any damage is Page | 33 caused to the building in which the Flat is situated or the Flat on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. c. To carry out at his own cost all internal repairs to the said Flat and maintain the Flat in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Flat is situated or the Flat which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. d. Not to demolish or cause to be demolished the Flat or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat is situated and shall keep the portion, sewers, drains and pipes in the Flat and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Flat is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardi or other structural members in the Flat without the prior written permission of the Promoter and/or the Society or the Limited Company. e. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Flat is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat in the compound or any portion of the project land and the building in which the Flat is situated. Page | 34 g. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Flat is situated. h. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Flat by the Allottee for any purposes other than for purpose for which it is sold. i. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Flat until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. j. The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation 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 and the Flats 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 Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. k. Till a conveyance of the structure of the building in which Flat is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into Page | 35 and upon the said buildings or any part thereof to view and examine the state and condition thereof. l. Till a conveyance of the project land on which the building in which Flat is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project or any part thereof to view and examine the state and condition thereof. m. That the allottee shall indemnify and keep indemnifying the promoter towards against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non- performance of such obligations given specifically herein to the allottee. n. That any nominated surveyor/ architect appointed for specific purposes stated in this covenant the fees of which shall be mutually decided by and between the promoter and the allottee and the same shall be paid by the Allotee as agreed mutually. o. That nothing herein contained shall construe as entitling the allottee any right on any of the adjoining, neighbouring or the remaining buildings/ common areas etc of the remaining portion of the proposed project layout unless specifically agreed and consideration dispensed by the allottee to the developer in this regards. p. That the parking spaces sold to the allottee shall be used only for the purposes of parking and that the said space is designed and made for use of parking a vehicle of not more than 1.8 tonnes (kerb weight) and not more than 5’.80’’ (70 inches) height. That this has been clearly made aware to the allottee and the same has been agreed by the allottee to follow. 21. NAME OF THE PROJECT/ BUILDING/S / WING/S:- Notwithstanding anything contained anywhere in this agreement, it is specifically agreed between the parties hereto that, the Promoter herein Page | 36 has decided to have the name of the Project “‘BRAHMAKAMAL’ APARTMENTS” and building will be denoted by letters or name ‘BRAHMAKAMAL’ APARTMENTS or as decided by the promoter and further erect or affix Promoter's name board at suitable places as decided by the Promoter herein on a building and at the entrances of the scheme. The Allottees/s in the said project/building/s or proposed organisation are not entitled to change the aforesaid project name and remove or alter Promoter's name board in any circumstances. This condition is essential condition of this Agreement. 22. ENTIRE AGREEMENT AND RIGHT TO AMEND:- This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said flat. This agreement may only be amended through written consent of the Parties 23. SEPARATE ACCOUNT FOR SUMS RECEIVED:- The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee/s towards total price/consideration of the said flat and as advance or deposit, sums received on account of the share capital for the formation of the Co- operative Society or a Company or any such legal entity/organisation that may be formed, towards the out goings, legal charges etc. Provided that the Promoter shall be allowed to withdraw the sums received from the Allottee/s and utilise the same as contemplated and permitted under the said act and rules and regulations made thereunder. 24. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES:- The Allottee hereby agrees to purchase the Flat on the specific understanding that is/her right is to only to the use and unless specifically allotted/ given vides (limited) common areas/ facilities, the use of the Common Areas/amenities shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by Page | 37 the maintenance agency or the association of allottees from time to time. That the list of things that would be covered under the maintenance head are clearly stated and which the allottee has expressly agreed to pay for (fully/ proportionately) and marked and attached as Annexure G 25. MEASUREMENT OF THE CARPET AREA OF THE SAID FLAT:- The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Flat is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Architect of the project. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in clause 2 of this Agreement. That in such a case, the parties hereto agree that a nominated surveyor / architect as an expert be appointed mutually to take his expert opinion of measuring the said unit and submitting the said details. 26. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the said project shall equally be applicable to and enforceable against any subsequent Allottees of the Flat, in case of a transfer, as the said obligations go along with the Flat for all intents and purposes. That the allottees agree that they shall not object to any easement rights that need to be given to any person in and around the said project and shall neither object to any such proceedings of land acquisition undertaken by a government agency including any compensation/ benefit given to the promoter in turn for which no conveyance has Page | 38 occurred to the ultimate body expressly stated in this agreement and for which no consideration is specially dispensed by the allottee to the promoter for the same; save and except his right to enjoy and use the unit purchased by him and any other rights given by the developer to the allottee for which consideration has been dispensed. 27. REGISTRATION OF THIS AGREEMENT:- The Promoter herein shall present this Agreement as well as the conveyance at the proper registration office for registration within the time limit prescribed by the Registration Act and the Allottee/s will attend such office and admit execution thereof, on receiving the written intimation from the Promoter. 28. PAYMENT OF STAMP DUTY, REGISTRATION FEE & LEGAL CHARGES:- The Allottee/s herein shall bear and pay stamp duty and registration fees and all other incidental charges etc. in respect of this agreement and all other agreements or any final conveyance deed which is to be executed by the Promoter in favour of Allottee/s or Association/Society i.e organisation as may be formed in which the Allottee/s will be the member. The Allottee shall also pay to the Promoter a sum of Rs.10000/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 29. WAIVER NOT A LIMITATION TO ENFORCE 29.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees. 29.2 Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver Page | 39 of any provisions or of the right thereafter to enforce each and every provision. 30. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 31. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorised signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in ____________________ after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Dhule. 32. NOTICES That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post at their respective addresses specified below: _________________Name of Allottee _________________ (Allottee Address) M/s Piyush Lifespaces pvt.Ltd. Ground Floor, Sadafuli Apartments, Vidyawardhini Colony, Sakri Road, Dhule. It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications Page | 40 and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 33. JOINT ALLOTTEES That in case there are Joint Allottees, they shall be considered as joint and severable allottees for the purpose of these clauses in the agreement and all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 34. 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 the laws of India for the time being in force. 35. DISPUTE RESOLUTION All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act. LIST OF SCHEDULES SCHEDULE I = Description of the Said Land The Land Situated in Mauje Deopur Tal.Dist. Dhule Plot No. 95, CTS No. 4780/95 total admeasuring 543.3 sq.mtrs. out of S.No. 8 and 14/2 at Jaihind Colony, Deopur, Dhule. SCHEDULE II = Description of the project/phase registered with the real estate regulatory authority under S.5 of the Real Estate (Regulation and Development) Act, 2016. (Applicable in case if the construction on the said land is in phases) The project Registered with the real estate regulatory authority under S.5 of RERA, 2016 is ‘BRAHMAKAMAL’ APARTMENTS. Page | 41 SCHEDULE III = Description of the Flat and the garage/closed parking (if applicable) along with boundaries in four directions. Flat No. 5 on First Floor of ‘BRAHMAKAMAL’ APARTMENTS admeasuring built up area 60.8 sq.mtrs. and carpet area of 55.94 sq.mtrs. along with covered Parking No. P5 area 8.61 sq.mtrs. situated on Stilt Floor of the Building. The Boundries of the said Flat are as follows : East : Flat No. 6 West : Road South : Flat No. 8 North : Plot No. 96 Up : Flat No. 9 Down : Flat No. 1 SCHEDULE IV = Specifications of the said flat. SCHEDULE V = Description of Common Amenities for the said project/phase SCHEDULE VI = Description of common areas and facilities/limited common areas and facilities LIST OF ANNEXURES- ANNEXURE- A = Copy of the Certificate of the title issued by the advocate. ANNEXURE - B = Copies of Property Card/7x12 Extract or any other revenue record showing nature of the title of the Promoter to the said land. ANNEXURE- C1 = Copy of Building permission /Commencement certificate ANNEXURE - C2 = Copy of the authenticated copies of the plans of the Layout of the said phases proposed by the Promoter ANNEXURE - C2A =Copy of the proposed layout plan and the proposed building/phase/wing plan showing future proposed development as disclosed by the promoter in his registration Page | 42 ANNEXURE - C3 = Copy of clear block plan showing the project (phase/ wing) which is intended to be constructed and to be sold and the said unit which is intended to be bought by the allottee. ANNEXURE-D = Copy of the plans and specifications approved by the concerned local/planning authority. ANNEXURE- E= Copy of floor plan of the said building. ANNEXURE -F = Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) ANNEXURE - G = List of items that would be covered as Maintenance of the Project ANNEXURE – H = Bank Details ANNEXURE – I =Copy of N.A. Order ANNEXURE – J = Copy of Layout of the Survey No. 8 and 14/2 ANNEXURE- K = Amenity Sheet ANNEXURE- L= Copy of Development Agreement Allottee’s Signature 1) ______________________ 2) ------------------------------ Smt. Sunanda Vinayak Patil, Mr. Mandar Vinayak Patil Ms. Manisha Suresh Valvi (Land Owner/Co-Promoter) Through its Developer and Power of Attorney Holder For Piyush Lifespaces Pvt. Ltd. (PROMOTER) Mr. Sharad Sadashiv Desale Authorised Signatory sign: _____________________ Witness 1. 2. Page | 43