AGREEMENT FOR SALE This Agreement for Sale (“Agreement”) executed on this __ (Date) day of ______ (Month), 20____, By and Between SHRI ASHOK RAMNIWAS AGRAWAL, R/o. 14, Omshant, Agrawal Nagar, Malegaon Road, Dhule – 424001; [PAN NO……………..], [Aadhar No. …………………….]; all herein above named hereinafter referred to as "OWNER / DEVELOPER / PROMOTER”, or PARTY OF FIRST PART; (which expression shall always mean and include the Owner / Developer / Promoter itself, their partners, their heirs, legal representatives, successors, agents); AND Mr._______________, (Aadhar no. __________________) son of _________ aged about _________ residence at ________________, (PAN ___________), hereinafter referred to as the “PURCHASER/S / ALLOTTEE/S” or PARTY OF SECOND PART; (which expression shall always mean and include the allottee himself / herself / themselves, his / her/ their heirs, legal representatives, successors, agents and all other person/s acting through him / her / them), [The Owner / Developer / Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”]; WHEREAS, the Owner / Developer / Promoter is the absolute and lawful owner of ALL THAT PIECE & PARCEL OF LAND BEARING AMALGAMATED PLOT NO 41, 42 & 43 (as per Measurement Sheet) [Plot No. 39, 41 & 41, as per Layout Map], total admeasuring 1171.72 Sq. Mtrs., being part & portion of entire land bearing Kh. No. 16/6 of Mouza – Walwadi, situated in Walwadi, Dhule and is within the limits Tah. & Dist. Dhule, AND; WHEREAS, from verification of 7/12 abstract issued by Patwari on dated 02.05.2023 I found that, originally the immovable property bearing Kh. No. 16/6, having total area admeasuring 1.62 H.R. [0.42 H.R. + 1.20 H.R. Potkharab], was originally owned Shri Sadashiv Waman Joshi and subsequently he left for heavenly abode on dated 21.05.1978 leaving behind him his only legal heirs namely, Smt Saudamini P. Joshi, Shri Shashikant P. Joshi, Sau Padma Arun Dabke & Sau Savita S. Godbole who all then became the absolute legal co-owners of the said 1 property by way of succession and their names were also recorded on 7/12 abstract vide Pherfhar 46806 dated 07.03.2015, AND; WHEREAS, out of the aforesaid total area admeasuring 1.62 H. R., Smt Saudamini P. Joshi, Shri Shashikant P. Joshi, Sau Padma Arun Dabke & Sau Savita S. Godbole sold an southern portion area admeasuring 0.80 H.R. (0.20 H.R. + 0.60 H.R.) to Shri Govind B. Choudhary, Shri Kishor S. Choudhary, Shri Chandrakant R. Choudhary & Shri Ravindra G. Bawiskar vide registered sale deed registered at Sr. No. 3118/2015 on dated 25.06.2015 before the Sub-registrar Dhule, Dist. Dhule and their names were recorded on 7/12 abstract vide Pherfhar No. 47319 dated 01.08.2015, as per pherfhar issued by Talathi dated 02.05.2023, AND; WHEREAS, the aforesaid Co-owners then also sold remaining Northern portion of Kh. No. 16/6 admeasuring 0.82 H.R. (0.22 H.R. + 0.60 H.R.) to Shri Deepak P. Shinde vide registered sale deed registered at Sr. No. 3117/2015 on dated 25.06.2015 before the Sub-registrar Dhule, Dist. Dhule and their names were recorded on 7/12 abstract vide Pherfhar No. 47336 dated 12.07.2015, as per pherfhar issued by Talathi dated 02.05.2023, AND; WHEREAS, during the course of time, the owners of Kh. No. 16/6 namely, Shri Govind B. Choudhary, Shri Kishor S. Choudhary, Shri Chandrakant R. Choudhary & Shri Ravindra G. Bawiskar & Shri Deepak P. Shinde then jointly converted the said land into non-agricultural land vide order of Sub-divisional Officer Dhule dated 11.01.2016 vide Letter No. NAASR/89/2015, AND; WHEREAS, the said title holders then decided to develop the said land by carving layout scheme therein and accordingly prepared a layout map of the same comprising of different plots of different sizes therein and obtained sanctioned to the same by Town Planner, Dhule, on dated 31.07.2015 vide its Letter No. 767 and accordingly pherfhar with respect to the same was also recorded on 7/12 abstract of Kh. No. 16/6 vide Pherfhar No. 51378 on dated 29.08.2018. The said layout map was subsequently revised after re-measurement and final layout plan was then sanctioned by Sub Divisional Offier, Dhule / Town Planner, Dhule, on dated 27.07.2016 vide its Letter No. 1099, by virtue of which Plot No 39, 40 & 41 were renumbered as Plot Number 41, 42 & 43 and accordingly pherefhar with respect to the same was also recorded on 7/12 abstract of Kh. No. 16/6 and the same has been reflected vide 7/12 abstract of Kh. No. 16/6 issued by Tatalathi Valvadi, Tah. Dhule dated 02.05.2023, AND; WHEREAS, the Plot No. 41 (Old 39) admeasuring 422.78 Sq. Mtrs., Plot No. 42 (Old 40) admeasuring 382.50 Sq. Mtrs., & Plot No. 43 (Old 41) admeasuring 366.44 Sq. Mtrs. thus in total an area admeasuring 1171.72 Sq. Mtrs., was sold by Shri Govind B. Choudhary, Shri Kishor S. Choudhary, Shri Chandrakant R. Choudhary & Shri Ravindra G. Bawiskar to Shri Ashok R. Agrawal vide registered sale deed registered at Sr. No.3759/2022 on dated 21.06.2022 before the Joint Sub-registrar Dhule No.2, Dist. Dhule, as a result of which he became the absolute legal owner of the same and his name was also recorded as absolute legal owner thereof on all the Government, Semi-Government records including 7/12 abstract, AND; 2 WHEREAS, the said title holder then decided to develop the said plot of lands by constructing a residential building (Group Housing) thereon comprising of different Row House/s / Flat/s / Unit/s therein and with the same view he amalgamated all the aforesaid three plots into one having total area admeasuring 1171.72 Sq. Mtrs., vide order of Town Planner, Dhule / Addi. Commissioner, NMC, Dhule dated 11.11.2022 vide its letter No. 131. The said title holder then also obtained building sanctioned of the proposed residential building (Group Housing) to the same from Town Planner, Dhule / Addi. Commissioner, NMC, Dhule, on dated 09.02.2023 vide Permit No. 2291, AND; WHEREAS, the Owner / Developer / Promoter does hereby state and declare that there are no impediments attached to the said Project Land. There are no any Tenants or illegal encroachment on the said Project Land and the Owner / Developer / Promoter has clear possession of the said Project Land. The said Project Land is freehold property and presently for establishing title no separate permission is required to be obtained from Government or any other Authority, AND; WHEREAS, the Owner / Developer / Promoter is in possession of the project land and the Owner / Developer / Promoter is entitled and enjoined upon to construct building on the project land in accordance with the recitals hereinabove; AND; WHEREAS, the Owner / Developer / Promoter has proposed to construct on the project land a residential building (Group Housing) thereon comprising of different Row House/s / Flat/s / Unit/s thereon as per sanction plan/s, AND; WHEREAS, the Owner / Developer / Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects, AND; WHEREAS, the Owner / Developer / Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Owner / Developer / Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings to which the proposed Purchaser/s shall not object or raise any objection or otherwise interfere in any manner whatsoever, however, the proposed Purchaser/s shall be entitled to inspect the work of his / her / their Unit / Row House / Apartment/s from time to time at all reasonable hours to which the Owner / Developer / Promoter shall not object, AND; WHEREAS, the Owner / Developer / Promoter has already registered the said Project under the provisions of the Act with the Real Estate Regulatory Authority vide No. ……. Dated ……… , AND; 3 WHEREAS, the Owner / Developer / Promoter has sole and exclusive right to sell the Row / Houses / Apartment/s / Unit/s in the said building/s to be constructed by the Owner / Developer / Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Owner / Developer / Promoter to receive the sale consideration in respect thereof, AND; WHEREAS, on demand from the allottee, the Owner / Developer / Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Owner / Developer / Promoter’s Architects Shri ___________ and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder, AND; WHEREAS, the authenticated copies of Certificate of Title issued by the advocate of the Owner / Developer / Promoter, authenticated copies of 7/12, Building Map/s, NA Order, other necessary title document/s showing the nature of the title of the Owner / Developer / Promoter to the Project Land on which the Row House/s / Apartment/s / Unit/s are to be constructed have been annexed hereto, AND; WHEREAS, the authenticated copies of the plans of the Layout as proposed by the Owner / Developer / Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto, AND; WHEREAS, the authenticated copies of the plans and specifications of the Row House/s / Apartment/s / Unit/s agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed hereto, AND; WHEREAS, the Owner / Developer / Promoter has got some of the 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 Building Completion Certificate or Occupancy Certificate of the said Building, 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 Owner / Developer / 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 shall be granted by the concerned local authority, AND; 4 WHEREAS, the Owner / Developer / Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans, AND; WHEREAS, the Allottee / Purchaser/s being desirous of owing some Row House/s / Apartment/s / Unit/s in the said multistoried building for his/her/their Residential use with heritable and transferable rights therein has approached and applied to the Owner / Developer / Promoter & expressed his / her / their desire and willingness to purchase the Undivided ………% share and interest in the said amalgamated Plot No. 41-42-43 together with the entire R.C.C. Superstructure comprising Row House/s / Apartment/s / Unit/s No. …………… covering a Carpet area admeasuring of ………. Sq. Mtrs, Built-up area of ………….. Sq. Mtrs., of “……….”, AND; WHEREAS, the carpet area of the said Row House/s / Apartment/s / Unit/s is square meters and "carpet area" means the net usable floor area of an Row House/s / Apartment/s / Unit/s, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Row House/s / Apartment/s / Unit/s for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Row House/s / Apartment/s / Unit/s for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Row House/s / Apartment/s / Unit/s, 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; WHEREAS, prior to the execution of these presents the Purchaser/s / Allottee has paid to the Owner / Developer / Promoter a sum of Rs..................... (Rupees ) only, being part payment of the sale consideration of the Row House/s / Apartment/s / Unit/s agreed to be sold by the Owner / Developer / Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Owner / Developer / Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Owner / Developer / Promoter the balance of the sale consideration in the manner hereinafter appearing, AND; WHEREAS, the Owner / Developer / Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. ; WHEREAS, under section 13 of the said Act the Owner / Developer / Promoter is required to execute a written Agreement for sale of said Row House/s / Apartment/s / Unit/s with the Allottee / Purchaser/s, being in fact these presents and also to register said Agreement 5 under the Registration Act, 1908; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Owner / Developer / Promoter hereby agrees to sell and the Allottee / Purchaser/s hereby agrees to purchase the said Row House/s / Apartment/s / Unit/s, AND; WHEREAS, before executing this agreement, on demand from the Purchaser / Allottee, the Owner / Promoter / Developer has given inspection to the Purchaser / Allottee of site, all the documents of title relating to the project land and the Building plans, designs and specifications prepared by the Owner / Promoter / Developer and sanctioned by the sanctioning authority and of such other document/s as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder. The Purchaser / allottee has, prior to the execution hereof perused the Title documents, Layout Plan/s, Building Plan/s, and Specifications of the said Project and the other documents and papers disclosed by the Owner / Promoter / Developer and satisfied herself/himself/themselves about the title of the Owner / Promoter / Developer to the said Property and/or right of the Owner / Promoter / Developer to sell the same on ownership basis. The Purchaser / Allottee hereby confirms that, the Owner / Promoter / Developer has produced for inspection, all information and documents and has made full and true disclosure as demanded by the Purchaser / Allottee and the Purchaser / Allottee is satisfied with the same and has no further or other information nor disclosure to be required from the Owner / Promoter / Developer, and the Purchaser/s is fully satisfied with the right, title and authority of the Owner / Promoter / Developer as well as the condition, type, user and specifications of the said Row House/s / Apartment/s / Unit/s scheme and facilities in the said Row House/s / Apartment/s / Unit/s scheme and after being so satisfied, the Purchaser/s has agreed to purchase it. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment/Plot) and the garage/covered parking(if applicable). NOW THEREFORE IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :- 1) That, the Said Land is earmarked for the purpose of building a residential project, comprising Row House/s / Apartment/s / Unit/s & the said project shall be known as ‘…………………’, . The Project shall consists of Separate Row House/s / Apartment/s / Unit/s to be constructed by the Owner / Promoter Party on the said Project Land in accordance with the plans, designs and specifications as approved by the Competent local authority from time to time. 6 2) That, the Purchaser/s hereby agrees to purchase from the Owner / Developer / Promoter Party and the Owner / Developer / Promoter Party hereby agrees to sell to the Purchaser/s Row House/s / Apartment/s / Unit/s covering a Carpet area admeasuring of ……… Sq. Mtrs., Built-up area of ……….. Sq. Mtrs., Super Built-up area ……… Sq. Mtrs., (hereinafter referred to as "the Row House/s / Apartment/s / Unit/s ") as shown in the Floor plan thereof hereto annexed for the total sale consideration of Rs. _____________/- (RUPEES _____________________________ ONLY). 3) That, the Purchaser/s has paid on or before execution of this Agreement a sum of Rs. ___________/- (Rupees ______________ Only) (as their own contribution) as advance payment and hereby agrees to pay to the Owner / Developer / Promoter Party the balance amount of Rs. ___________/- (Rupees ______________ Only) in the manner herein below specified :- SCHEDULE OF PAYMENT OF AGREED SALE CONSIDERATION Rs. …………../- (Rupees …………………. Only) i.e. ……..% of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on completion of the Plinth level. Rs. …………../- (Rupees …………….. Only) i.e. ……. of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on casting of Ground Floor Slab Rs. …………../- (Rupees …………….. Only) i.e. ……% of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on casting of First Floor Slab. Rs. …………../- (Rupees …………….. Only) i.e. ……% of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on the completion of Brick work & Plaster. Rs. …………../- (Rupees …………….. Only) i.e. ……% of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on the completion of Flooring, Plumbing, Sanitary & Electric Work. Rs. …………../- (Rupees …………….. Only) i.e. …….% of total consideration amount, agreed to be paid by the Purchaser/s to the Owner / 7 Developer / Promoter on the completion of Painting & Finishing Work. Rs. …………../- (Rupees …………….. Only) i.e. balance consideration amount, agreed to be paid by the Purchaser/s to the Owner / Developer / Promoter on taking over actual possession of the chosen Row House / Flat / Unit. ------------------------------------------------------------------------------------------------------------------ --- Rs. ………………./- (Rupees ……………………. Lacs Only) 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Row House / Apartment / Unit by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Owner / Developer / Promoter) up to the date of handing over the possession of the Row House / Apartment / Unit. 1(e) The total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Owner / Developer / Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Owner / Developer / Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The Owner / Developer / Promoter may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @ ____% 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 Owner / Developer / Promoter. 1(g) The Owner / Developer / Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building 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 Owner / Developer / Promoter. If there is any reduction in the carpet area within the defined limit then Owner / Developer / 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 8 to Allottee, the Owner / Developer / 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 1(a) of this Agreement. 1(h) The Allottee authorizes the Owner / Developer / Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Owner / Developer / Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Owner / Developer / Promoter to adjust his payments in any manner. The Owner / Developer / 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 at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Row House / Apartment / Unit to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Row House / Apartment / Unit. Time is essence for the Owner / Developer / Promoter as well as the Allottee. The Owner / Developer / Promoter shall abide by the time schedule for completing the project and handing over the Row House / Apartment / Unit] 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 Owner / Developer / Promoter as provided in clause 1 (c) herein above. 3. The Owner / Developer / Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Owner / Developer / Promoter has planned to utilize Floor Space Index of 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 Owner / Developer / Promoter has disclosed the Floor Space Index of as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Row House / Apartment / Unit based on the proposed construction and sale of Row House/s / Apartment/s / Unit/s to be carried out by the Owner / Developer / Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Owner / Developer / Promoter only. If the Owner / Developer / Promoter fails to abide by the time schedule for completing the project and handing over the Row House / Apartment to the Allottee, the Owner / Developer / Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every 9 month of delay, till the handing over of the possession. The Allottee agrees to pay to the Owner / Developer / Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Owner / Developer / Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Owner / Developer / Promoter. Without prejudice to the right of Owner / Developer / Promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Owner / Developer / 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 of instalments, the Owner / Developer / Promoter shall at his own option, may terminate this Agreement: Provided that, Owner / Developer / Promoter shall give notice of fifteen 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 Owner / Developer / Promoter within the period of notice then at the end of such notice period, Owner / Developer / Promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Owner / Developer / Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Owner / Developer / Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the Row House / Apartment / Unit which may till then have been paid by the Allottee to the Owner / Developer / Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Owner / Developer / Promoter in the said building and the Row House / Apartment / Unit as are set out in Annexure 'E', annexed hereto. 6. The Owner / Developer / Promoter shall give possession of the Row House / Apartment / Unit to the Allottee on or before................. day of ..............20 . If the Owner / Developer / Promoter fails or neglects to give possession of the Row Hosue / Apartment / Unit to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Owner / Developer / Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Row House / Apartment / Unit with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Owner / Developer / Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Owner / Developer / Promoter shall be entitled to reasonable extension of time for giving delivery of Row House / Apartment / Unit on the aforesaid date, if the completion of building in which the Row House / Apartment / Unit is to be situated is delayed on account of - (i) war, civil commotion or act of God ; (ii) any notice, order, rule, notification of the Government and/or other public 10 or competent authority/court. Procedure for taking possession - The Owner / Developer / Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the [Row House / Apartment / Unit], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Owner / Developer / Promoter shall give possession of the [Row House / Apartment / Unit/Plot] to the Allottee. The Owner / Developer / Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Owner / Developer / Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Owner / Developer / Promoter or association of allottees, as the case may be. The Owner / Developer / Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. The Allottee shall take possession of the Row House / Apartment / Unit within 15 days of the written notice from the Owner / Developer / Promoter to the Allottee intimating that the said Apartments are ready for use and occupancy: Failure of Allottee to take Possession of [Row House / Apartment / Unit/Plot]: Upon receiving a written intimation from the Owner / Developer / Promoter as per clause 8.1, the Allottee shall take possession of the [Row House / Apartment / Unit/Plot] from the Owner / Developer / Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Owner / Developer / Promoter shall give possession of the [Row House / Apartment / Unit/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. If within a period of five years from the date of handing over the Row House / Apartment / Unit to the Allottee, the Allottee brings to the notice of the Owner / Developer / Promoter any structural defect in the Row House / Apartment / Unit or the building in which the Row House / Apartment / Unit are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Owner / Developer / 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 Owner / Developer / Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee shall use the Row House / Apartment / Unit or any part thereof or permit the same to be used only for purpose of residence only. He / She / They shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s)s of Apartments 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 Owner / Developer / 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 11 Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the Owner / Developer / Promoter, within seven days of the same being forwarded by the Owner / Developer / Promoter, to the Allottee, so as to enable the Owner / Developer / 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. The Owner / Developer / Promoter, shall, within three months 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 Owner / Developer / Promoter, and/or the owners in the said structure of the Building or wing in which the said Row House / Apartment / Unit is situated. The Owner / Developer / Promoter, shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Owner / Developer / Promoter, and/or the owners in the project land on which the building/s is / are constructed. Within 15 days after notice in writing is given by the Owner / Developer / Promoter, to the Allottee that the Row House / Apartment / Unit 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 Row House / Apartment / Unit) 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. 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 Owner / Developer / 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 Owner / Developer / Promoter, provisional monthly contribution of Rs. _________ per month towards the outgoings. The amounts so paid by the Allottee to the Owner / Developer / Promoter, shall not carry any interest and remain with the Owner / Developer / 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 Owner / Developer / Promoter, to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Owner / Developer / Promoter, the following amounts :- (i) Rs ........................ for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs ...................... for formation and registration of the Society or Limited Company/Federation/ Apex body. 12 (iii) Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (iv) Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs .................... For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs for deposits of electrical receiving and Sub Station provided in Layout. 11. At the time of registration of conveyance the Allottee shall pay to the Owner / Developer / Promoter, a sum of Rs. _________ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Owner / Developer / 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 or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Owner / Developer / Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Owner / Developer / Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 12. REPRESENTATIONS AND WARRANTIES OF THE OWNER / DEVELOPER / PROMOTER The Owner / Developer / Promoter hereby represents and warrants to the Allottee as follows: i. The Owner / Developer / 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; i. The Owner / Developer / 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; ii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. 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; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all 13 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 Owner / Developer / 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; vi. The Owner / Developer / 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; vi. The Owner / Developer / 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 and the said Row House / Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement; vii. The Owner / Developer / Promoter confirms that the Owner / Developer / Promoter is not restricted in any manner whatsoever from selling the said Row House / Apartment / Unit to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees the Owner / Developer / Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottees; x. The Owner / Developer / 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; xi. 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 Owner / Developer / Promoter in respect of the project land and/or the Project except those disclosed in the title report. 13. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Row House / Apartment / Unit may come, hereby covenants with the Owner / Developer / Promoter as follows :- i. To maintain the Row House / Apartment / Unit at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Row House / Apartment / Unit is taken and shall not do or suffer to be done anything in or to the building in which the Row House / Apartment / Unit 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 Row House / Apartment / Unit is situated and the Row House / Apartment / Unit itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Row House / Apartment / Unit any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Row House / Apartment / Unit is situated 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 14 which the Row House / Apartment / Unit is situated, including entrances of the building in which the Row House / Apartment / Unit is situated and in case any damage is caused to the building in which the Row House / Apartment / Unit is situated or the Row House / Apartment / Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Row House / Apartment / Unit and maintain the Row House / Apartment / Unit in the same condition, state and order in which it was delivered by the Owner / Developer / Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Row House / Apartment / Unit is situated or the Row House / Apartment / Unit 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. iv. Not to demolish or cause to be demolished the Row House / Apartment / Unit 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 Row House / Apartment / Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Row House / Apartment / Unit is situated and shall keep the portion, sewers, drains and pipes in the Row House / Apartment / Unit 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 Row House / Apartment / Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Row House / Apartment / Unit without the prior written permission of the Owner / Developer / Promoter and/or the Society or the Limited Company. v. 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 Row House / Apartment / Unit is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Row House / Apartment / Unit in the compound or any portion of the project land and the building in which the Row House / Apartment / Unit is situated. vii. Pay to the Owner / Developer / Promoter within fifteen days of demand by the Owner / Developer / 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 Row House / Apartment / Unit is situated. viii. 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 Row House / Apartment / Unit by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or 15 benefit factor of this Agreement or part with the possession of the Row House / Apartment / Unit until all the dues payable by the Allottee to the Owner / Developer / Promoter under this Agreement are fully paid up. x. 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 Apartments 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 Row House / Apartment / Unit 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. xi. Till a conveyance of the structure of the building in which Row House / Apartment / Unit is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Owner / Developer / Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Row House / Apartment / Unit is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Owner / Developer / Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 14. The Owner / Developer / Promoter shall maintain a separate account in respect of sums received by the Owner / Developer / Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 15. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Row House / Apartment / Unit hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Owner / Developer / Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 16. OWNER / DEVELOPER / PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Owner / Developer / Promoter executes this Agreement he shall not mortgage or create a charge on the Row House / Apartment / Unit and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge 16 shall not affect the right and interest of the Allottee who has taken or agreed to take such Row House / Apartment / Unit. 17. BINDING EFFECT Forwarding this Agreement to the Allottee by the Owner / Developer / Promoter does not create a binding obligation on the part of the Owner / Developer / Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Owner / Developer / Promoter. If the Allottee(s) fails to execute and deliver to the Owner / Developer / Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Owner / Developer / Promoter, then the Owner / Developer / Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 18. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, 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 Row House / Apartment / Unit/plot/building, as the case may be. 19. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 20. PROVISIONS OF THIS AGREEMENT APPLICABLE ALLOTTE / SUBSEQUENT ALLOTTEE 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 Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Row House / Apartment / Unit / Plot], in case of a transfer, as the said obligations go along with the [Row House / Apartment / Unit / Plot] for all intents and purposes. 21. 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 17 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. 22. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Row House / Apartment / Unit to the total carpet area of all the Row House / Apartment / Unit in the Project. 23. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 24. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Owner / Developer / Promoter through its authorized signatory at the Owner / Developer / Promoter’s Office, or at some other place, which may be mutually agreed between the Owner / Developer / Promoter and the Allottee, in ______ after the Agreement is duly executed by the Allottee and the Owner / Developer / 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. 25. The Allottee and/or Owner / Developer / Promoter shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Owner / Developer / Promoter will attend such office and admit execution thereof. 26. That all notices to be served on the Allottee and the Owner / Developer / Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Owner / Developer / Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee _______________ _______________ (Address) Notified Email ID: SHRI ASHOK RAMNIWAS AGRAWAL, 18 R/o. 14, Omshant, Agrawal Nagar, Malegaon Road, Dhule – 424001; Notified Email ID: It shall be the duty of the Allottee and the Owner / Developer / 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 and letters posted at the above address shall be deemed to have been received by the Owner / Developer / Promoter or the Allottee, as the case may be. 27. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Owner / Developer / 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. 28. STAMP DUTY AND REGISTRATION :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 29. DISPUTE RESOLUTION :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 30. 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 and the courts will have the jurisdiction for this Agreement. SCHEDULE OF ENTIRE PROPERTY (PLOT) SCHEDULE ‘A’ ALL THAT PIECE & PARCEL OF LAND BEARING AMALGAMATED PLOT NO 41, 42 & 43 (as per Measurement Sheet) [Plot No. 39, 41 & 41, as per Layout Map], total admeasuring 1171.72 Sq. Mtrs., being part & portion of entire land bearing Kh. No. 16/6 of Mouza – Walwadi, situated in Walwadi, Dhule and is within the limits Tah. & Dist. Dhule & bounded as under : East : 12 Mtrs Wide Road West : Other layout Plot/s North : Plot No. 38-40 South : Plot No. 44 SCHEDULE OF PROPERTY HEREBY AGREED TO SOLD (ROW HOUSE / UNIT) SCHEDULE ‘B’ ALL THAT ENTIRE RCC SUPERSTRUCTURE COMPRISING ROW HOUSE NO. …….. covering a Carpet Area admeasuring …………… Sq. Mtrs., Built-up area of ………… Sq. 19 Mtrs., & having Super Built-up area admeasuring ………… Sq. Mtrs., constructed on amalgamated PLOT NO. 41, 42 & 43 (as per Measurement Sheet) [Plot No. 39, 41 & 41, as per Layout Map], total admeasuring 1171.72 Sq. Mtrs., being part & portion of entire land bearing Kh. No. 16/6 of Mouza – Walwadi, situated in Walwadi, Dhule and is within the limits Tah. & Dist. Dhule & the same is bounded as under : East : West : North : South : IN WITNESS WHEREOF parties hereinabove named have out of his / her / their free will without any force, undue influence consciously set their respective hands and signed this Agreement for Sale at Nagpur in the presence of attesting witness, signing as such on the day first above written. WITNESSES 1. ____________________ _______________________ Shri Ashok R. Agrawal (Owner / Developer / Promoter) 2. ___________________ _____________________ (Shri / Smt. ……………….) (Allottee / Purchaser) 20