1 Types of Document - Agreement to Sale Deed Zone - 7.241.4 Construction Rate - Rs. ............/- Per Sq.Mtrs. Carpet area of Unit – ........ Sq.Mtrs. Govt. Valuation - Rs. .........../- Consideration - Rs. ............../- Stamp Rs. ............/- Registration Fee - Rs. ............../- Pages - D.H.C. Rs.- /- AGREEMENT TO SALE This Deed of Indenture of Agreement To Sale is made and executed on this ........st day of ..........., in the Christian year 2022 at Akola. BETWEEN CHAITRA BUILDERS PROPRIETARY CONCERN. A registered firm, having its registered office at - Chaitra Deep Apartment, Modakeshwar Colony, Indira Nagar, Nashik, Maharashtra - 422009. PAN - ABYPH 3754 M Through its Proprietor - Mrs. CHAITRA SANTOSH HUDLIKAR. Age - 56 Years, Occ. - Business Adhar No. 7722 3065 6811 Hereinafter referred to as THE VENDOR / PROMOTER / BUILDERS (which expression shall unless it be repugnant to the context or meaning thereof shall always mean and include their heirs, executors, administrators and assigns) of the FIRST PART. AND 1. Mr. XXXXXX XXXX XXXX. Age - ... Years, Occ. - ..., PAN - ....... Adhar No. ..... 2. Mrs. XXXXXX XXXX XXXX. Age - ... Years, Occ. - ..., PAN - ....... Adhar No. ..... Both No. 1 & 2 Address - ....... Hereinafter referred to as the "PURCHASER/ ALLOTTEE/S" (which expression shall unless it be repugnant to the context or meaning thereof mean and include his/her/their heirs, executors, administrators, assigns, etc.) of the SECOND PART. 2 WHEREAS, Layout Plan in respect of Survey No. 40/2/A has been approved by The Sub Divisional Officer, Akola, Order No. N.A.P. - 34 / KHADAKI B"/ 47 / 2002 - 2003, dtd. 17/01/2005. WHEREAS, the Vendor purchased the said plot from Mr. Dilipraj Niranjankumar Goyanka, by Sale Deed, duly registered in the office of Sub Registrar, Akola-3, at Sr.No. 1751/2022, dtd. 13/05/2022, hence the name of Vendor appeared to the possession column of record of right of Plot No. 40 & accordingly M.E. No. 27987 is certified on dtd. 11/06/2022. WHEREAS, the Vendor desirous to develop their land for which they had obtained the following permissions & had taken following steps for development of the project. 1) Appointment of Architect – the Promoters appointed an Architect Mr. Shrikant Madhav Sohani, registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; accordingly an Architect drafted building plan for construction over the land. 2) Appointment of Structural Engineer – the Promoters have appointed a structural Engineer Mr. Bhanuvilas Bhavsar for the preparation of the structural design and drawings of the project, the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the project. 3) Appointment of Lawyer – the Promoters appointed an Advocate Mr. Kaustubh K. Kathesarkar, registered with the Bar Council of Maharshtra & Goa, accordingly an Advocate handle all the legal drafts & title reports for construction of the said project. 4) Building Permit & Commencement Certificate : the Promoters under the observation of an Architect laid proposed Residential Building Plan in respect of Plot No. 40 of area adm. 284.00 Sq.Mtrs. of Survey No. 40/2/A & Akola Municipal Corporation sanctioned the said building plan and granted U/s 45 & 69 of The Maharashtra Regional and Town Planning Act, 1966 (Mah of 1966) to construction work and or building permits U/s 253 of The Maharashtra Municipal Corporation Act,1949 to erect building for Residential Purpose and issue Building Permit and Commencement Certificate, which has since been approved by The Assistant Director, Town Planning, Akola Municipal Corporation, vide Building Permit No. - 151858, Permit No. - DDMCO / B / 2023 / APL / 0384, Proposal Code - DDMCO - 22 - 84428, dtd. 07/01/2023. 5) RERA Registration Certificate : the Promoters commence the construction of building which consists of ground + fifth upper floor building having 10 residential units, the Promoters submitted the said land & construction thereon to the provision of Real Estate (Regulation & Redevelopment) Act, 2017 of project of “CHAITRA KESHAV” & registered the said project under the 3 provisions of the said Act & obtained RERA Registration Certificate bearing it's RERA Reg. Certificate No. P516000______ AND WHEREAS, the promoters have accrued a title of absolute ownership to the said property and well seized and possessed of the same. AND WHEREAS the said property is free from all or any encumbrances and the title of the vendors is clear, negotiable and marketable. The said property is not subjected to any encroachments and there are no tenants in the said property. The property is not subjected to any attachment or there is no lis pendance in respect of the said property, the property is also not subjected to any road widening nor acquisition or requisition by any Govt. or local authorities. AND WHEREAS the Promoters are entitled to construct building on the project land in accordance with the recitals hereinabove; AND WHEREAS the Allottee is offered an Flat No. 01 (herein after referred to as the said “Unit”) being constructed on the said property by the Promoters, the said unit is more particularly described in the Schedule-I written hereunder. AND WHEREAS on demand from the allottee, the Promoters have given inspection to the Allottee of all the documents of title relating to the project land and the plans. AND WHEREAS documents of title relating to the project land has annexed to the present deed & marked as annexure as follows-  Annexure-A - 7/12 extract  Annexure-C - RERA Registration Certificate  Annexure-D - Building Permit & Commencement Certificate  Annexure-E - Proposed Site Location Plan  Annexure-F - Approved Building Plan.  Annexure-J - Title Certificate  Annexure-K - Adhar & PAN Card  Annexure-M - Self Declarations of Vendors & Allottee. AND WHEREAS the authenticated copies of Certificate of Title issued by the Adv. Kaustubh K. Kathesarkar of the Promoters, 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 Promoters to the project land on which the building going to be construct have been annexed hereto. AND WHEREAS the authenticated copies of the plans of the construction as proposed by the Promoters and according to which the construction of the building is proposed is annexed hereto. AND WHEREAS the 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. 4 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 shall be granted by the concerned local authority. AND WHEREAS the vendor/promoter has informed the purchasers that though the building plan is approved by Akola Municipal Corporation on the basis of the area of the said property including premium and it consisting of Ground floor for parking + five upper Floors by using the available FSI on the said property, the vendor /promoter intends to take all the benefits as may be made available on the said property for additional construction in view of the new DC rules applicable and as such the vendor / promoter shall be entitled to revise and amend the building plan and in such case additional construction and floors as may be sanctioned by Akola Municipal Corporation and as such all the benefits of the said additional floors or construction shall be made available on the said property to the promoter and the promoter shall have rights to construct such additional construction as may be sanctioned by NMC and the vendor shall be entitled to sell, alienate or dispose off the same and the purchasers gives his/their specific consent for the amendment and revision of the building plan. Provided always that the promoter shall take prior consent from the purchaser / allottees for amendment of the building plan, the area, location and size of the apartment of the purchaser/allottes is adversely affected. AND WHEREAS the Allottee has applied to the Promoter for allotment of Flat No. ____ situated on _____ Floor in the building Chaitra Keshav. AND WHEREAS the carpet area of the said Apartment is _________ Sq. Mtrs. and "carpet area" as per RERA means the net usable floor area of an apartment, excluding the area covered by the internal walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. 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 Allottee has paid to the Promoter a sum of Rs. ………/- (Rupees ……….. only) being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter hereby 5 admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. AND WHEREAS the purchaser/allottee has independently verified the tilte of the said land, building plan, the specifications and amenities provided in the said building and common facilities as detailed by the promoter and the purchaser/allottee is satisfied about the same and after the satisfaction the purchaser has agreed to purchase the apartment from the promoter / vendor. 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 as described herein after. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS : 1. The Promoter shall initially construct the said building/s consisting of ground floor and five upper Floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority at present. Provided that the promoter shall have to obtain prior consent in writing of the allottee in respect of variations or modifications which may adversely affect the apartment of the allottee except any alteration or additions required by any Govt. Authorities or due to change in law. 1. a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Flat No. ____ situated on _______ Floor admeasuring __________ Sq. Mtrs. Carpet hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed for the consideration of Rs. _______________/- and the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Schedule annexed herewith. 1(b) The total aggregate consideration amount for the apartment is Rs. ____________________/- 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. ......../- (Rupees .......... only) as advance payment or application fee in the following manner : Sr.No. Amount Particulars 1 ............/- Rupees ..... only paid by the Allottee No. 1 by 6 cheque, drawn on ......... Bank, bearing cheque No. ..........., dtd. .../.../20.... to the promoters, the promoters, The Promoters hereby acknowledges having received the same. 2 ............/- Rupees ..... only paid by the Allottee No. 1 by RTGS on dtd. ...../..../20...., from his ......... Bank towards the bank account of promoters ........ Bank, The Promoters hereby acknowledges having received the same. Total ............/- Rupees .......... only and hereby agrees to pay to the Promoter the balance amount of Rs............ /- (Rupees ............ only) in the following manner :- i) 30% of the total consideration to be paid to the Promoter after the execution of Agreement. ii) 45% of the total consideration to be paid to the Promoter on completion of the plinth of the building or wing in which the said Apartment is located. iii) 70% of the total consideration to be paid to the Promoter on completion of the slabs and stilts of the building or wing in which the said Apartment is located. iv) 75% of the total consideration to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v) 80% of the total consideration to be paid to the Promoter on completion of the sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi) 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 Apartment is located. vii) 95% of the total consideration to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, entrance lobby/s plinth protection, 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 Apartment is located. viii) Balance Amount against and at the time of handing over of the possession of the Apartment to the Allottees . 1(d) 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 7 /Government from time to time. The 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 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. The Promoter may charge the allottee separately for any upgradation/changes specifically requested or approved by the allottee in fittings, fixtures and specification and any other facility which have been done on the allottee’s request. 1(e) The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments as the Promoter and allottee may decide for the period by which the respective installment has been preponed. 1(f) The 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 gap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. 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 this Agreement. 1(g) The Allottee authorizes the 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 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. 2.1 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 Govt. including Environmental 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 handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. Notwithstanding anything to the contrary contained therein, the purchaser shall not claim possession of the said premises until the completion certificate is received from the local authority and the purchasers has paid all the dues payable under this agreement in respect of the said premises to the promoters and has paid the necessary maintenance amount/ deposit, payable under this agreement to the promoters. 8 Howsoever for the purpose of defect liability towards the promoters, the date shall be calculated from the date of handing over the possession to the purchasers for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under maintenance of the said premises / building / phase/ wing as stated in the said agreement. That further it has been agreed by the purchasers that any damages or change done within the premises sold or in the building done by him or by any third person on behalf of the purchasers then the purchasers expressly absolves the promoters 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 promoters. 2.2 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 Apartment to the allottee and common areas to association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allote shall make timely payments of the installment and other dues payable by him / her and meeting the other obligation under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in Clause herein above. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 284.00 Sq.Mtrs. as basic FSI and Promoter has utilized additional Floor Space Index 719.75 Sq. Mtrs. by availing of Premium and the vendor has obtained Premium FSI of 191.62 Sq. Mtrs. and thus the promoter is entitled to utilize Total FSI 911.37 Sq. Mtrs. as per the Development Control Regulation. Apart from the TDR and premium FSI used by the promoter, additional FSI on the project land may be available as on today as per the approved DC rules and promoter shall be entitled to use, utilize the said FSI and accordingly amend and modify the building plans as and when the promoter finds it necessary before the final completion and occupation certificate from Akola Municipal Corporation. Provided that the promoter shall obtain the consent of the allottee for the said modifications and variations, if such variations and modifications adversely affect the apartment agreed to be purchased by the allottee. 4.1 The promoter has made full and true disclosure of the title of the said land as well as encumbrance, if any, known to the promoter in the title report of the advocate. The promoter has also disclosed to the allottee/ nature of its right, title and interest or right to construct building/s and also give inspection of all documents to the allottees, as required by the law. The allottee having acquainted himself with all facts and right of the promoter and after satisfaction of the same has entered into this agreement. 4.2 If the Promoter fails to abide by the time schedule for completing the project and handing over the Plot to the Allottee, the 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 month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on 9 all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 4.3 Without prejudice to the right of Promoters to charge interest in terms of sub clause above, on the Purchasers committing default in payment on due date of any amount due and payable by the Purchasers to the Promoters under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchasers committing three defaults of payment of installments, the Promoters shall at his own option, may terminate this Agreement. Provided that, Promoters shall give notice of fifteen days in writing to the Purchasers, by Registered Post AD at the address provided by the Purchasers and mail at the e-mail address provided by the Purchasers, 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 Purchasers fails to rectify the breach or breaches mentioned by the Promoters within the period of notice then at the end of such notice period, Promoters shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoters shall refund the amount till then received from the Purchasers without any interest thereon within a period of 30 days of the termination, the installments of the sale consideration of the apartment which may till then have been paid by the allottee to the promoter. 5. POSSESSION - The Promoter shall give possession of the Apartment to the Allottee on or before 31.12.2025. If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may mentioned in the clause herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoters shall be entitled to reasonable extension of time for giving delivery of the said premises on the aforesaid date, if the completion of the said project or building/wing in which the said premises 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 or Competent Authority or any Decree/Order of any Court/ Tribunal/ Authority. 6. Procedure for taking possession - The 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 Apartment, to the Allottee in terms of this Agreement to 10 be taken within 15 days from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The 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 Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.1. The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter to the Allottee intimating that said Apartment is ready for use and occupancy : 7.2 Failure of Allottee to take Possession of Apartment : Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the Apartment 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 Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.3 If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment 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 shall not carry out any alterations of the whatsoever nature in the said apartment of phase/ wing and in specific the structure of the said unit of the 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 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 the 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. That it shall be the responsibility of the allottee to maintain his apartment 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. That the allottee has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variations 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. 11 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 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 structures built of the unit and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. FORMATION OF ORGANISATION OF APARTMENT HOLDERS The Promoter shall form Society or Association or a Limited Company within three months from the date of which fifty-one per cent of the total number of allottees have booked their apartment or receipt of Occupancy Certificate whichever is earlier. The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Association 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 Association of Apartment Owners and for becoming a member, including the bye-laws of the proposed association 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 organization 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 as the case may be, or any other Competent Authority. 10. The Promoter shall, within three months of registration of the Association or within three months from the completion certificate from Akola Municipal Corporation, whichever is later cause to be transferred to the association all the right, title and the interest of the Vendor/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 11. Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment 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 Apartment) 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 Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so 12 determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. 1000/- 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 association 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. 12. The above amount of consideration does not include the following expenses which the Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts:- (i) amount for share money, application entrance fee of the association. (ii) amount for formation and registration of the association. (iii) amount for proportionate share of taxes and other charges /levies in respect of the association. (vi) The purchaser shall deposit such amount as may be demanded by the promoter towards the maintenance of the entire building and on receipt of such amount of maintenance from all the flat owners, the vendor shall deposit the said amount in bank in the name of the association of apartment owners to be formed and the interest thereon shall be utilised towards the maintenance of the building. Except the said amount of maintenance all the premises holders in the building shall contribute monthly /annually maintenance for maintaining the building. (v) An amount towards the proportionate expenses of installation charges for common water meter, and electric meter, individual electric meter, connection, proportionate amount towards the MSEB ORC charges and deposit and installation charges, etc. and common water meter connection charges shall be borne by the vendor/ promoter. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER :- The Promoter hereby represents and warrants to the Allottee as follows : i. The Promoter has clear and marketable title with respect to the project land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said land for project; ii. 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; 13 iii. 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 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; vi. 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; vii. 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 and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment / Plot] 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 Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; x. The Schedule property is not the subject matter of any HUF and that no part thereof is owned by any minor and or no minor has any right, title and claim over the Schedule Property. xi. 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; xii. 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. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done 14 anything in or to the building in which the Apartment 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 Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Apartment 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 Apartment 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 which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment 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 Apartment and maintain the Apartment 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 Apartment is situated or the Apartment 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 Apartment 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 Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment 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 Apartment 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 Apartment without the prior written permission of the 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 Apartment 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 Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. 15 vii. 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 Apartment 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 Apartment 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 benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the association 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 association regarding the occupancy and use of the Apartment 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 Apartment is situated is executed in favour of association, 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 said buildings or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the association towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. 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 and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the association and until the project land is transferred to the association as hereinbefore mentioned. 16 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE :- After the Promoter executes this Agreement he shall not mortgage or create a charge on the Apartment 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 shall not affect the right and interest of the Allottee who has taken or agreed to take such Apartment. 18. BINDING EFFECT :- Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the 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 Promoter. If the Allottee(s) fails to execute and deliver to the 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 Promoter, then the 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. 19. 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 apartment /building, as the case may be. 20. RIGHT TO AMEND :- This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO 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 Project shall equally be applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. 22. 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 confirm 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. 17 23. 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 Apartment] to the total carpet area of all the Apartments in the Project. 24. 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. 25. PLACE OF EXECUTION :- The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in Akola 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 Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Akola 26. The Allottee and/or 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 Promoter will attend such office and admit execution thereof. 27. 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 A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: PURCHASERS NAME & ADDRESS :- [1] Mr. XXXXX XXX XXXXXX, [2] Mrs. XXXXX XXX XXXXXX, Both Address - Akola, Maharashtra -4220..... PROMOTERS NAME & ADDRESS :- CHAITRA BUILDERS PROPRIETARY CONCERN. A registered firm, having its registered office at - Chaitra Deep Apartment, Modakeshwar Colony, Indira Nagar, Nashik, Maharashtra - 422009. Proprietor - Mrs. CHAITRA SANTOSH HUDLIKAR. Notified Email Id - hudlikarsantosh@gmail.com 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 18 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 promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES :- That in case there are Joint Allottees 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. 29. STAMP DUTY AND REGISTRATION :- The charges towards stamp duty and Registration of this Agreement, GST, MSEB meter and connection charges shall be borne by the allottee. 30. 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 RERA Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. 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 Akola courts will have the jurisdiction for this Agreement 34. INVESTOR AGREEMENT CLAUSE :- That the Allottee herein has agreed to purchase the said unit as an Investor as laid down in Article 5(2) of The Bombay Stamp Act, 1958 & hence an Allottee is entitled to adjust the stamp duty to the present agreement against the stamp duty payable to the agreement by the Purchaser herein to the subsequent Purchaser / Allottee as per the provissions of the said Article 5(2) of The Bombay Stamp Act, 1958. A] Description of the property : SCHEDULE - I (OF THE LAND / PLOT) All that piece and parcel of Non Agriculture land, bearing Plot No. 40, having its area adm. 284.00 Sq. Mtrs. of revenue Survey No. 40/2/A situated at revenue village Khadaki B'', Tal and District Akola within the local limits of Akola Municipal Corporation of Akola & registration and sub registration District of Akola, as bounded as per approved Layout plan, which bounded as follows :- On or towards East :- Adjacent Plot No. 41. On or towards West :- Adjacent layout road. On or towards South :- Layout of Adjacent land. On or towards North :- Adjacent layout road. SCHEDULE - II 19 (OF THE APARTMENT / FLAT / UNIT) (agreed to be transferred) All that piece and parcel of residential Unit/Apartment bearing Flat No. 01 (One) having its Carpet area admeasuring ____________ Sq. Mtrs. situated at First Floor of the building / project known as “CHAITRA KESHAV" constructed on landed property which is more particularly described in Sch. I hereinabove, along with absolute and exclusive right to use, utilize and enjoy common areas of the project & the said Flat/ Unit as bounded as per approved building plan, which is bounded as follows : BOUNDRIES OF THE SAID FLAT EAST WEST SOUTH NORTH AMENITIES TO BE PROVIDED WITH THE FLAT  Steel : Fe-500 TMT Brand-RAJURI / POLAD / IKON / UMA / METAROLL / GAJKESARI.  Cement : for concrete OPC-53-ULTRATECH/ACC/BIRLA-A1/PENNA. for brickwork & Plaster PPC-43-Birla Gold. Sand : good quality sand for RCC.  Artificial sand for plaster.  Aggregates : Good Quality local.  Stones : good quality local.  Bricks : 6”for external wall & 4”internal wall. : AAC blocks : AAC block binder : Red or fly ash bricks  Plaster : External 2 coat with plaster sand. : 1 coat internal plaster plaster sand (Except staircase, lobby and toilet, batroom)  Painting : with 2 coat birla white putty 1 coat primer : 2 coat internal tractor emulsion Asian or equivalent company : 1 coat primer + 1 coat apex paint Asian or equivalent company  Waterproofing : Balconies & Bathroom, terrace water proofing with dr. fixit or equivalent company with brick bat coba as per specification  Tiles : flooring – Vitrified 600 X 600 Rate upto Good Quality. JHONSON / WESTERN MABRO / LIBOSKI / SIMBOSA or equivalent company : Bathroom Floor – Antiskid 300 X 600 Good Quality : Bathroom wall upto slab – Antiskid 300 X 600 rate upto Good Quality : Granite Kitchen ottah – Black Granite or Eqivalent Rate upto Good Quality : window & Door frame With Chamfer Basic Rate upto Good Quality 20  Door : Main Door- 35mm Thick ( century And Equivalent) water resistant block board with laminates with M type Handle with 3 lever lock (All fitting from good quality) : Internal Door- 35mm Thick ( century And Equivalent) water resistant block board with laminates with Europa Lock or equivalent company (All fitting good quality SS only)  Window : 3 Track, 18 Gauged 3.5 mm glass with good quality mosquito net.  French Door : Powder coated + 3.5mm Saint goblin glass + mosquito net.  Kitchen sink : SS Good Quality 18” X 21”.  Safety Grill : For Window 12 mm bar + 30 X 5 mm Flat With Anti- corrosive treatments in good quality material & fabrication.  SS Railing with 302/304 grade railing for staircase.  Lobby + Staircase: As per drawing  Tanks : OHWT : RCC : UGWT : RCC : Septic Tank : 9” Brick  Plumbing : Piping CPVC and UPVC with Astral Make ‘S’ trap commode : Basin + external flush tank  Electric fitting : Switches & Plugs With POLYCAB Linkus or equivalent company make (as per architect dwg ) : Wiring – POLYCAB or equivalent company : MCB/MCC6/RCCB-POLYCABV : Pipes - Press fit with good quality  Parking : Good Quality paver block or tiles : Sliding Gates in MS (2 QTY) : Light points + Water point for common use : Compound wall 5 ft height With 6 inch Bricks with internal & external plaster & Internal color  Lift : Powder Coated cabin, Swing Door, Battery Back Up. (Make Power Link/Vision) COMMON AREAS AND FACILITIES a. COMMON AREAS 1) The land under the buildings 2) The footings, RCC structures and main walls of the buildings 3) Staircase columns and lift and lift room in the building/s 4) Common drainage, water, electrical lines, power backup 5) Common ground water storage tank and overhead tank 6) Electrical meters, wiring connected to common lights, lifts, pumps. 7) Top terrace LIMITED COMMON AREAS AND FACILITIES : 1. Partition walls between the two units shall be limited common property of the said two units. 2. Other exclusive and limited common area and facilities as mentioned in the agreement. 3. All areas which are not covered under aforesaid head common areas and facilities are restricted areas and facilities. 21 IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED HEREUNTO ON THIS DAY, DATE AND YEAR FIRST MENTIONED HEREINABOVE. SIGNED SEALED AND DELIVERED by the within named --------------------------- CHAITRA BUILDERS PROPRIETARY CONCERN Through its Proprietor Mrs. CHAITRA SANTOSH HUDLIKAR The Promoters / Builders / Vendor --------------------------- Mr. XXXXXX XXXX XXXX The Purchaser/ Allottee No. 01 --------------------------- Mrs. XXXXXX XXXX XXXX The Purchaser/ Allottee No. 02 Witnesses :- 1. -------------------------------------------------------- ---------- 2. -------------------------------------------------------- ----------