1 DEED OF APARTMENT (Conveyance Deed of Apartment) (Market value Rs. ____________) (Valuation Column No. _________, rate per sq. meter Rs.___________) (Valuation as per ready reckoner Rs. ____________) (Deed of Declaration registered on 20.02.2017 at Sr. No. 445/2017) (Deed of Amendment to the Deed of Declaration registered on 24.10.2017 at Sr. No. 2688/2017) (Stamp duty Rs._____________) ******************************************** This DEED OF APARTMENT (Conveyance Deed of Apartment) is executed at Amravati on this ________, Day of ____________, 2017. BETWEEN AMBER BUILDERS & DEVELOPERS, PAN No. ABXFS0863R By its Partners 1] Sau. Seema Sanjay Rathi, Aged 46 years, Occu. – Business, R/o. Amber, Keshav Colony, Camp, Amravati-444602. 2] Prakash Sundarlal Kela, Age 58 years, Occu. – Business, R/o. Amber Palace, Camp, Amravati-444602 Hereinafter called as the “PROMOTER” (which expression shall deem to include his heirs, successors, executors, administrators and assigns) of the FIRST PART. AND ________________________________ ________________________________ ________________________________ hereinafter called as the “ALLOTTEE” (which expression shall deem to include his/her heirs, successors, executors, administrators and assigns) of the OTHER PART WHEREAS, the promoter purchased, all that piece and parcel of the land admeasuring 431.53 sq.mt. (4645 sq.ft.) bearing layout 2 plot no. 44 from out of Field Survey No. 187/2 of Mouje Rahatgaon, Pragane Nandgaon Peth, Tq. & Dist. Amravati, fully described in clause(i) of the First Schedule and situated in the locality known as “Priya Township” on Shegaon-Rahatgaon Road, Amravati and within the limits of Amravati Municipal Corporation and within the jurisdiction of Sub- Registrar, Amravati City No. 1, by virtue of sale deed dated 04.07.2012 executed by Bhagwandas Trilokchand Dhamecha which sale deed is registered at Sr. No. 2323/2012 with the Sub-Registrar Amravati City No.2 and thus the promoter became the owner of the land described in Clause-(i) of the First Schedule. AND WHEREAS, the promoter purchased, all that piece and parcel of the land admeasuring 540.60 sq.mt. (5819 sq.ft.) bearing layout plot no. 43 from out of Field Survey No. 187/2 of Mouje Rahatgaon, Pragane Nandgaon Peth, Tq. & Dist. Amravati, fully described in clause(ii) of the First Schedule and situated in the locality known as “Priya Township” on Shegaon-Rahatgaon Road, Amravati and within the limits of Amravati Municipal Corporation and within the jurisdiction of Sub-Registrar, Amravati City No. 1, by virtue of sale deed dated 04.07.2012 executed by Sau. Deepa Nehalchand Pinjani which sale deed is registered at Sr. No. 2325/2012 with the Sub-Registrar Amravati City No.2 and thus the promoter became the owner of the land described in Clause-(ii) of the First Schedule. AND WHEREAS, the promoter purchased, the T.D.R. rights equivalent to 390 sq.mtrs., (4198 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/ TDR/36/11, dated 24.06.2011 and certificate no. 36, for a total area of 6000 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati, in lieu of 6000 sq.mtrs., of land from out of field survey no. 194 of Mouje – Rahatgaon, Pragane – Nandgaon Peth, Tq. & Dist. Amravati, (acquired by Amravati Municipal Corporation for Primary & Higher Secondary School under sale deed dated 30.04.2011 registered at Sr. No.2426/2011), from Swapnil Ashokkumar Soni (HUF) vide sale deed dated 08.01.2015 registered in the office of Sub-Registrar Amravati City at Sr. No. 1173/2015 and the said T.D.R. rights are described in Clause-(iii) of the First Schedule. AND WHEREAS the aforesaid two pieces of land are adjacent to the each other and form a compact piece of land and the said compact 3 piece of land is hereinafter referred to as “the Project Land”. AND WHEREAS as per the title deeds referred to above in favour of the promoter, there was no covenant affecting the project land or the title of the promoter thereon and there is no tenant or illegal encroachment into or upon the project land and no further permission was required from any government or authority for using the project land for the construction of the project hereinafter mentioned and the promoter has not mortgage the project land and has not created any lien or charge upon the project land. AND WHEREAS the promoter was entitled and enjoined upon to construct the building on the project land in accordance with the recitals hereinbefore. AND WHEREAS, the Promoter abovenamed has constructed on the project land described in the clause-(i) & (ii) of the First Schedule, a FIVE Storied building consisting of separate self contained TWENTY SIX residential apartments therein out of which two apartments are situated on the ground floor, six apartments each are situated on the First floor, Second Floor, Third floor and Forth Floor of the building respectively and the promoter has chosen to name the said building as “AMBER HEIGHTS”. AND WHEREAS the Allottee is offered the Apartment bearing number ________ on the _______ floor, (herein after referred to as the said "Apartment") in the Building called “AMBER HEIGHTS” (herein after referred to as the said "Building") constructed by Promoter on the project land. AND WHEREAS the Promoter had 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 Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at Mumbai vide Registration No. P50300011340 and the copy of registration certificate is attached at Annexure 'F'; AND WHEREAS the promoter had appointed a structural Engineer for preparation of the structural design and drawings of the building. 4 AND WHEREAS on demand from the allottee, the 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 Promoter's Architect – Meenal D. Sarda 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 attorney at law or advocate of the Promoter, authenticated copies of extract of Village Form No.II showing the nature of the title of the Promoter to the project land on which the Apartments are constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-l. AND WHEREAS the authenticated copies of the plans of the Layout and according to which the construction of the building has been made and open spaces have been left over and provided for the said project have been annexed hereto and marked as Annexure C-2. AND WHEREAS the building plan of the building “AMBER HEIGHTS”, was sanctioned by Amravati Municipal Corporation, vide Building Permit No. 0082 dated 22.04.2015 and was renewed vide Renewal Order No. 0004 dated 01.04.2016 and while granting sanction to the said building plan, the TDR Rights described in Clause-(iii) of the First Schedule were taken into consideration and the copy of the plans and specification is annexed hereto and marked as Annexure-D. AND WHEREAS the promoter has executed a DEED OF DECLARATION under section 2 of the Maharashtra Apartment Ownership Act, 1970 on 20.02.2017, registered at serial no. 445/2017 with the Sub-Registrar Amravati City No.1, and thereby submitted the said land and the building constructed thereon to the provisions of Maharashtra Apartment Ownership Act, 1970. AND WHEREAS in view of the change in the law and requirement to mention the carpet area in the agreement of sale and conveyance deed, the promoter has executed the Deed of Amendment to the Deed of Declaration, on 24.10.2017, which is registered at Sr.No. 5 2688/2017 with the Sub-Registrar City No.1, and thereby the promoter amended the original Deed of Declaration dated 20.02.2017 referred to above. AND WHEREAS the Promoter has got all the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections of the said building and after completing the construction of the said building in all respect, the promoter has also obtained the Building Occupancy Certificate of the said Building from Amravati Municipal Corporation vide Occupancy Certificate No. 67 dated 16.10.2017. AND WHEREAS while sanctioning the said plans concerned local authority had laid down certain terms/ conditions/ stipulations and restrictions which were observed and performed by the Promoter while developing the project land and the said building and in view of the observance and performance of the said terms/conditions/ stipulations, the concerned authority has granted the occupancy certificate in respect of the said building. AND WHEREAS the Allottee has applied to the Promoter for allotment of the Apartment No. ______ situated on the _______ floor of the building “AMBER HEIGHTS” constructed on the said project land. AND WHEREAS the carpet area of the said Apartment is ______ square meters and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive of balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area 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 Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act 2016 with the Real Estate Regulatory Authority at no. P50300011340. AND WHEREAS the Promoter has agreed to sell and the Allottee has agreed to purchase, the said Apartment bearing No._______ situated on the _____ floor of the building “AMBER HEIGHTS” for a total consideration of Rs._______/- (Rs. ____________________) and on the other terms and conditions agreed between the parties and also stated hereinafter. 6 NOW THEREFORE THIS DEED OF APARTMENT WITNESSETH AS UNDER– 1] That in consideration of the sum of Rs._________/- (Rupees _______________ only) paid by the allottee to the promoter in the manner of payment hereinafter stated, the receipt whereof the promoter do hereby admit and acknowledge, the promoter as absolute owner, do hereby grant convey, transfer, demise, assure and assign by way of sale unto and to the allottee the apartment having total carpet area of ______ sq.mt. bearing apartment no. ______ and situated on the __________ Floor of the said building named “AMBER HEIGHTS” constructed on the said project land described in Clause-(i) & (ii) of the First Schedule hereto and hereinafter referred to as ‘THE SAID PROPERTY’ and TOGETHERWITH the right to use jointly along with the other apartment owners in the building, the common areas and facilities of the building as stated in the Deed of Declaration dated 20.02.2017 as amended by the deed of amendment of the deed of declaration dated 24.10.2017, referred to above and also mentioned in the second schedule hereto and TOGETHERWITH their and every of their rights, liberties, privileges and appurtenances whatsoever of the promoter into or upon the said property unto and to the allottee absolutely and forever free from all encumbrances and liabilities whatsoever TO HAVE AND TO HOLD THE SAME UNTO AND TO THE ALLOTTEE as an absolute owner thereof forever and subject however, to other terms and conditions appearing herein below. The apartment hereby sold is fully described in Schedule– A hereto. MANNER OF PAYMENT OF CONSIDERATION. i) Rs. ________/- by cheque no. _______ drawn on ________ Bank Ltd. received by promoter on _________. 2] That the total Price above excludes Taxes which may be levied, in connection with the construction of and carrying out the Project and the conveyance of the said apartment to the allottee by the instant deed of apartment. 3] That, the allottee before execution of this deed of apartment has personally verified and inspected the said apartment as well as the entire building and is satisfied that the construction has been made in accordance with the said plans and specifications. The allottee do hereby admit that there is no leakage, breakage or seepage of anything in the 7 said apartment or the building and the allottee is completely satisfied about the facilities and amenities provided to the said apartment as well as the building, quality of construction and the carpet area. The promoter has agreed to sale the said apartment to the allottee and has executed this Deed of Apartment only in view of such satisfaction of the allottee. 4] Simultaneously with the execution of this DEED OF APARTMENT the promoter has delivered to the allottee, the possession of the said property hereby sold to the allottee. The allottee does hereby admit and acknowledge the receipt of possession of the same. 5] 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; as declared in the title report annexed to this Deed of Apartment and had the requisite rights to carry out development upon the project land and also had actual/physical and legal possession of the project land for the implementation of the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities and has carried out development of the Project as per the said approvals and has completed the development of the project; (iii) There are no encumbrances upon the project land or the Project; (iv) There are no litigations pending before any Court of law with respect to the project land or Project; (v) All approvals/ licenses and permits issued by the competent authorities with respect to the Project/ project land and said building are valid and subsisting and have been 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 and common areas; (vi) The Promoter has the right to execute this Deed of Apartment 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 8 any person or party with respect to the project land, including the Project and the said Apartment 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 to the Allottee in the manner contemplated in this Deed of Apartment; (ix) The Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the building to the Association of the Allottees; (x) 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 for the period upto the date of execution of this deed of apartment; (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 Promoter in respect of the project land and/or the Project. 6] The Allottee/s, 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 and shall not do or suffer to be done 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 9 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 its own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition or 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 Association. (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. 10 (vii) 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 subject to the prior permission of the Association of the apartment owners and the local authority. (viii) The Allottee shall observe and perform all the rules and regulation 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 me 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. (ix) Till a conveyance of the project land on which 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 project land or any part thereof to view and examine the state and condition thereof. 7] That the promoter has deposited the necessary amount with the MSEDCL for the service line connection charges and installed the requisite panels for the installation of the individual electric meters for supply of electricity to the respective apartments in the building. The said apartment is a newly constructed property and the promoter has not taken separate electric connection in the said apartment. The allottee shall get the electric connection in the said apartment in the name of the allottee by making appropriate application to and by depositing the necessary charges with the concerned authority and by incurring the necessary expenses for taking such electric connection. 8] That apartment hereby sold is a newly constructed structure and has not been assessed to Municipal taxes. The allottee shall get the 11 same mutated in its name in the Municipal record and pay the Municipal Taxes in respect of the said apartment. 9] That the Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is _______ square meters only and Promoter has utilized the Floor Space Index of ______ by availing of TDR. The Promoter has disclosed the Floor Space Index of _______ utilized by it on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the said construction and sale of apartments to be carried out by the Promoter by utilizing the said FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 10] That, if within a period of five years from the date of execution of this deed of apartment, 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 its 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. 11] That 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 parking space only for purpose of keeping or parking vehicle. 12] That the Allottee along with other allottee(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 and for becoming a member, including the byelaws 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. 13] That the promoter shall within three months of the registration of the association as aforesaid, caused to be transferred to 12 the association, all the right, title and interest of the promoter in the structure of the building, common areas and facilities of the building and the project land. 14] That, all expenses for execution of this DEED OF APARTMENT including stamp duty and registration charges, has been borne by the promoter as agreed. 15] That this DEED OF APARTMENT shall always be read along with the DEED OF DECLARATION dated 20.02.2017 registered at Sr. No. 445/2017, with the Sub-Registrar, Amravati City No.1, as amended by the Deed of Amendment to the Deed of Declaration registered on 24.10.2017 at Sr. No. 2688/2017 and as well as the provisions of The Maharashtra Apartment Ownership Act, 1970 and the Real Estate (Regulation & Development) Act 2016. 16] That with the execution of the DEED OF APARTMENT the allottee has become absolute owner of the apartment described in the schedule-A together with the right to use jointly along with the other allottees of other apartments in the building, the common areas and facilities of the building including the land described in First Schedule. The allottee shall get the said apartment mutated, in the concerned record in its name. The promoter shall give its consent by personally remaining present before such authorities FIRST SCHEDULE ABOVE REFERRED TO i) All that piece and parcel of the land bearing layout plot No. 44 admeasuring 431.53 sq.mt. (4645 sq.ft.) from out of the 2 H. 73 R of the land out of Field Survey No. 187/2 of Mouje Rahatgaon, Pragane Nandgaon Peth, Tq. & Dist. Amravati converted to non-agricultural use vide order dated 31.12.2004 passed by Collector Amravati in R.C.No. NAP-34/Rahatgaon-72/2003-04 as per the layout plan sanctioned by Assistant Director of Town Planning A.M.C. Amravati vide order No. 23/2004 dated 19.10.2004, and the said plot having boundaries as under :- Towards East : Land of another person Towards West : Layout Plot No. 43 Towards North : Road Towards South : Layout Plot No. 45 ii) All that piece and parcel of the land bearing layout plot No. 43 admeasuring 540.60 sq.mt. (5819 sq.ft.) from out of the 2 H. 73 R of the 13 land out of Field Survey No. 187/2 of Mouje Rahatgaon, Pragane Nandgaon Peth, Tq. & Dist. Amravati converted to non-agricultural use vide order dated 31.12.2004 passed by Collector Amravati in R.C.No. NAP-34/Rahatgaon-72/2003-04 as per the layout plan sanctioned by Assistant Director of Town Planning A.M.C. Amravati vide order No. 23/2004 dated 19.10.2004, and the said plot having boundaries as under :- Towards East : Layout Plot No. 44 Towards West : Road Towards North : Road Towards South : Layout Plot No. 45 iii) T.D.R. rights equivalent to 390 sq.mtrs., (4198 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/36/11, dated 24.06.2011 and certificate no. 36, for a total area of 6000 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 6000 sq.mtrs., of land from out of field survey no. 194 of Mouje – Rahatgaon, Pragane – Nandgaon Peth, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation for Primary & Higher Secondary School under sale deed dated 30.04.2011 registered at Sr. No.2426/2011 SECOND SCHEDULE ABOVE REFERRED TO General Common Areas & Facilities of the building : (a) Piece and parcel of the lands fully described in clauses (i) & (ii) of FIRST SCHEDULE above. (b) Covered Parking Place. (c) Staircase from the ground floor upto the terrace of the building and the corridor or the passages or the lobbies in front each apartments. (d) The enclosure for the lift and the equipment and the installation of the lift. (e) Water tank located at the roof of the building for the water from borewell. (f) Water tank located at ground level for the tap water. (g) Plumbing network throughout the building. (h) Electric wiring in the common areas of the building and the electric meter for the electricity in the common areas outside the apartments. 14 (i) Necessary lights in the common areas of the building. (j) Common Septic tank and drainage system of the building. (k) Bore-well and water lifting arrangement for lifting of water to the tank at the roof of the building. (l) Tap water connection with water lifting arrangement for lifting of the tap water from the water tank at the ground level to the tap water connection in the apartments. Restricted common areas and facilities of the building : a) The open terrace adjacent to the apartment no. 102 and 105 respectively to be in the exclusive user of the owners/ occupiers of the said respective apartments. Schedule 'A' DESCRIPTION OF THE APARTMENT ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS An apartment bearing no. ______ situated on the ________ Floor and having the carpet area of ______ sq.mt. from out of the said building named as “AMBER HEIGHTS” constructed upon the project land described in First Schedule above and having boundaries as under :- Towards East : Towards West : Towards North : Towards South : IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at AMRAVATI in the presence of attesting witness, signing as such on the day first above written. PROMOTER AMBER BUILDERS & DEVELOPERS, by its Partners 1] Sau. Seema Sanjay Rathi, Signature Thumb Impression Photograph 15 2] Prakash Sundarlal Kela Signature Thumb Impression Photograph ALLOTTE – Signature Thumb Impression Photograph WITNESSES : 1) _____________________ 2) _____________________