Mouje :Jewad Zone No._____ FlatRate: __/- per sq.mtrs. Survey No.35 Plot No.85 & 86 Flat No. ______ Super built up area: AGREEMENT OF SALE (As per Govt. & market value of Rs.___________/- Rs._____________________ only & earnest amount of Rs._____________/- Rs._____________________ lacs only) Stamp Duty of Rs._______________/- This agreement made at _____________ this _____ day of _________ in the year 2025 BETWEEN - PARTY NO.1:- TATHEY REALTY, Registration No.NG000006755 Lilaai, Vitthalarpan Colony, Farshi Stop, Dastur Nagar, Amravati, Tq. & Distt.Amravati – 444606 PAN – AAQFT2986C Through its Partners – (1) Chandrakant Purushottam Tathe, Age 63 years, Occupation: Business and retired, R/o. Lilaai, Vitthalarpan Colony, Farshi Stop, Amravati, Tq. & Distt.Amravati – 444606 PAN – AAJPT6790M Aadhar No.917739976580 Mobile No.9822731857 (2) Aasha Chandrakant Tathe, Age 48 years, Occupation: Business, R/o. Lilaai, Vitthalarpan Colony, Farshi 1|Page Stop, Amravati, Tq. & Distt.Amravati – 444606 PAN – AHOPT1198B Aadhar No.309911407350 Mobile No.8806094535 (3) Rashmi Ambadas Talhar, Age 25 years, Occupation: Business, r/o Lilaai, Vitthalarpan Colony, Farshi Stop, Amravati, Tq. & Distt.Amravati – 444606 PAN – AZQPT1807P Aadhar No.593660876062 Mobile No.9075227340 (1) to (3) through their POA Holder Shri Rohit Chandrakant Tathe, as per registered POA dated 29/11/2022 at Sr.No.7156 (4) Rohit Chandrakant Tathe, Age 25 years, Occupation: Business, Lilaai, Vitthalarpan Colony, Farshi Stop, Amravati, Tq. & Distt.Amravati – 444606 PAN – BSGPT4418L Aadhar No.472454438831 Mobile No.7769071024 Hereinafter called as the ‘Party No.1/Owner/Promoter’ (which expression shall, unless repugnant to the context or meaning thereof, deemed to include his heirs, executors, administrators and assignees) of ONE PART 2|Page AND PARTY NO.2:- _____________________________________, Allotee/Purchaser Age ___ years, Occupation: _________, r/o ______________________, Amravati, Tq. & Distt. Amravati [PAN - ] (hereinafter called as ‘Party No.2/ Purchaser/Allottee/purchaser’, which expression shall unless repugnant to the context or meaning thereof, always been and include the said association as well as his executors, administrators and assigns) of SECOND PART. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the original owner/promoter is the owner of amalgamated layout converted plot no.35/85/86, admeasuring 576.20 sq.mtrs. (6200 sq.ft.) from survey No.35 of Mouje: Jewad, Pragane: Badnera, Tq. & Dist. Amravati. The said field is converted as per Rev.Case No. NAP- 34/Jewad-65/1980-81 dated 30/09/1981, within the limits of Municipal Corporation, Amravati and the said project land is in their possession; AND WHEREAS the promoter has proposed to construct on the project land a multistoried building i.e. Ground + 5 floor in the name & styled as ‘ADVIK NEST’; AND WHEREAS the allottee/purchaser is offered an apartment bearing No._______ on the ___ floor, (hereinafter referred to as the said “Apartment”) in the ___ wing of the building called as ADVIK NEST (hereinafter referred to as the said “Building”) being constructed in the ______ phase of the said project by the Promoter; AND WHEREAS the Promoter has entered into an agreement with an Architect registered with the Council of Architects; 3|Page AND WHEREAS the promoter has registered the project under the provisions of the Act with the Real Estate Regulatory Authority at _______ no_______ authenticated copy is attached in Annexure-F; AND WHEREAS the promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings; AND WHEREAS on demand from the allottee/purchaser, the promoter has given inspection to the allottee/purchaser of all the documents of title relating to the project land and the plans, designs and specifications prepared by the promoter’s architect Shri Kaustubh Rajendra Raut and as such other documents as are specified under the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as “the said Act”) and the Rules & Regulations made there under; AND WHEREAS the authenticated copies of certificate of title issued by the attorney at law or advocate of the promoter, authenticated copies of village forms 6 & 2 showing the nature of the title of the promoter to the project land on which the apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure-A & 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-1. AND WHEREAS the authenticated copies of the approved building plan sanctioned by the A.D.T.P., Municipal Corporation, Amravati as per order no. DDMCA/B/2025/APL/07703 dated 08/04/2025 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 marked as Annexure C-2, AND WHEREAS the authenticated copies of the plans and specification of the Apartment agreed to be purchased by the Allottee, as sanctioned by and approved by the local authority have been marked as Annexure D 4|Page AND WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the planes, the specification, elevation, 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 plan 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 promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans; AND WHEREAS the allottee/purchaser has applied to the promoter for allotment of an apartment no.________ on _______ floor situated in the building ADVIK NEST being constructed in the said project; 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 balcony appurtenant to the said apartment for exclusive use of the allotte or verandah area and exclusive open terrace area appurtenant to the said apartment for exclusive use of the allottee/purchaser, 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, area now willing to enter into this agreement on the terms and conditions appearing hereinafter; 5|Page AND WHEREAS prior to the execution of these presents the allottee/purchaser has paid to the promoter a sum of Rs.__________________ (Rs._________________ only) being part payment of the sale consideration of the apartment agreed to be sold by the promoter to the allottee/purchaser as advance payment or application fee (the payment and receipt whereof the promoter both thereby admit and acknowledge) and the allottee/purchaser has agreed to pay to the promoter the balance of the sale consideration in the manner hereinafter appearing; 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._______; AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of the said Apartment with the Allottee, being in fact these presents and also to register said Agreement under 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 promoter hereby agrees to sell and the allottee/purchaser hereby agrees to purchase the Apartment. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The promoter shall construct the said building/s consisting of ground and other five floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 6|Page 1.a (i) The allottee/purchaser hereby agrees to purchase from the promoter and the promoter hereby agrees to sell to the allottee/purchaser apartment no._________ of the type _______ of carpet area admeasuring _____________ sq.meters on _______ floor in the building ADVIK NEST (hereinafter referred to as “the Apartment”) as shown in the floor plan for the consideration of Rs.____________ including Rs.____________ being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the second schedule annexed herewith. (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos____ admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at Basement and/or stilt and /or_ podium being constructed in the layout for the consideration of Rs. _______/. (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos_____ admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at_____________ Basement and/or stilt and /or podium being constructed in the layout for the consideration of Rs._____________ /-. 1(b) The total aggregate consideration amount for the apartment is thus Rs.___________/-. 1(c) The allottee/purchaser has paid on or before execution of this agreement a sum of Rs.___________ (Rupees __________________ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs.________________ (Rupees ________________________ only) and shall be deposited in RERA Designated Collection Bank Account , having Account no. 7|Page 44003416180 in State Bank of India , SME Branch having IFC Code SBINO016755 situated at Opp. Dhanwantari Hospital, Nawathe Chowk, Badnera Road, Amravati - 444606. In addition to above bank account, I/we have opened in the same bank, RERA Designated Separate Bank Account and RERA designated Transaction Bank Account having Account no. 44003417253 and 44003279775 respectively. Allottee hereby agrees to pay to that Promoter the said balance amount in the following manner:- i) Amount of Rs._______/- (………)(not exceeding 30% of the total consideration) to be paid to the Promoter after execution of Agreement ii) Amount of Rs._______/- (………) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building in which the said Apartment is located. iii) Amount of Rs._______/- (………) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building in which the said Apartment is located. iv) Amount of Rs._______/- (………) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plasters, floorings doors and windows of the said Apartment. v) Amount of Rs._______/- (………) (not exceeding 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) Amount of Rs._______/- (………) (not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plasters, elevation, terraces with waterproofing, of the building in which the said Apartment is located. 8|Page vii) Amount of Rs._______/- (………) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electric fittings, electro, mechanical and environment requirements, 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 in which the said Apartment is located. viii) Balance Amount of Rs._______/-(…….) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) That the total price of the apartment is Rs._____________. Besides the cost of apartment/shop, the allottee/purchaser has to pay the taxes as GST, service and other, shall be paid by the allottee/purchaser to the promoter/owner separately. 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 Bodes/Government from time to time. The promoter undertakes and agrees that while raising a demand on the allottee/purchaser 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 alongwith the demand letter being issued to the allottee/purchaser, which shall only be applicable on subsequent payments. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the allottee/purchaser by discounting such early payments @____% perannum for the period by which the respective installment has been proponed. The provisions for allowing rebate and such rate of rebate shall not be subject to any revision/ withdrawal , once granted to an Allottee by the Promoter. 9|Page 1(g) 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 cap 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 Clause 1(a) of this Agreement. 1(h) 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 here by agrees to observe, perform and comply with all the terms, conditions, stipulation and restriction 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 handling over possession of the apartment to the allottee/purchaser, obtain form the concerned local authority occupancy and/or completion certificate in respect of the Apartment. 2.2 Time is essence for the promoter as well as the allottee/purchaser. The Promoter shall abide by the time schedule for completing the project and handing over the [apartment/plot] to the allottee/purchaser and common areas to the association of the allotees after receiving the 10 | P a g e occupancy certificate or the completion certificate or both, as the case may be. Similarly, allotee shall make timely payments of the installments and other dues payable by him/her and meeting the other obligations under the agreements subjects to the simultaneous completion of construction by the promoter as provided in clause 1. 3. The promoter here by declares that the total plot area of the scheme is 576.20 sq.mtrs. While sanction of the building plan, the Municipal Corporation Authority has sanctioned Basic FSI is considered 1.100. Therefore the basis FSI comes to 633.679 Sq.Mtr. Again the premium FSI has also been granted by AMC, Amravati on the said plot, which comes to 288.036 Sq.Mtr. as well as the Grantor has utilised the proportionate TDR rights admeasuring 207.957 Sq.Mtr. That ancillary FSI has also been granted by AMC, Amravati on the said plot, which comes to 677.803 Sq.Mtr. Therefore in all this counts of FSI, the total FSI admeasuring 1807.475 Sq.Mtr. Thus the permissible built up area is calculated 1807.475 sq.mtrs. Out of the aforesaid permissible built up area, admeasuring 1807.475 sq.mtrs., the promoter has proposed to utilize FSI, admeasuring 1807.475 sq.mtrs. for construction of ADVIK NEST and the said building plan is approved and sanctioned by A.D.T.P., Municipal Corporation, Amravati as per order no. DDMCA/B/2025/APL/07703 dated 08/04/2025. The promoter has disclosed the floor space index of 2.30 as proposed to be utilized by him on the project land in said project and allottee has agreed to purchase the said apartments based on proposed construction and sale apartments to be carried out by promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to promoter only. 4.1 If the promoter fails to abide by the time schedule for completing the project and handing over the apartments to the allotee, promoter agrees to pay to the allottee/purchaser, who does not intend to withdrawn from the project, interest as specified in the rule, on all specified in the rule, on all the amounts paid by the allottee/purchaser for every month 11 | P a g e of delay, till the handing over of the possession . The allottee/purchaser agrees to pay to the promoter, interest as specified in the rule, on all the delayed payments which become due and payable by the allottee/purchaser to the promoter under the terms of this agreements from the date the said amount is payable by the allottee/purchasers to the Promoter. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Allottee/purchaser committing default in payments on due date of any amount due and payable by the allottee/purchaser to the promoter under this agreement(including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee/purchaser committing three default of payments of installments, the Promoter shall at his own option, may terminate this Agreement: Provided that, promoter shall give notice of fifteen days in writing to the allottee/purchaser, by Registered Post AD at the address provided by the allottee/purchaser and mail at e mail address provided by the allottee/purchaser, of his intention to be terminated this agreement and of the specific breach of terms and condition in respect of which it is intended to be terminated the agreement. If the allottee/purchaser fails to rectify the breach or breaches mentioned by the promoter with in the period of notice then at the end of such notice period, promoter shall be entitled to terminate this agreement and he can recover liquidated damages from allottee/purchaser. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall be refunded to the Allottee/purchaser by deducting the amount of liquidated damages, which may be payable to promoter with in a period of thirty days of the termination, the installments sale consideration of the apartment which may till then have been paid by the Allottee to the 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 12 | P a g e price range (if unbranded) to be provided by the Promoter in the said building and the Apartment as are set out in Annexure ‘E’ annexed hereto. 6. The promoter shall give possession of the apartment to the allottee/purchaser on or before ________________ day of ……20___. If the promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and his agents by the aforesaid date then the promoter shall be liable on demand to refund to the allottee/purchaser the amounts already received by him in respects of the apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date Promoter received the sum till the date the amounts and interest there on is repaid. Provided that the promoter shall be entitled to reasonable extension of time for giving delivery of apartments on afore said date, if the completion of building in which the apartments is to be situated is delayed on account of; (i) war, civil commotion or act of God. (ii) any notice, order, rule, notifications of the governments and/or other public or competent authority/court. 7.1 Procedure for taking possession - the promoter, upon obtaining the occupancy certificate from the competent authority and the payments made by the allottee/purchaser as per the agreement shall offer in writing the possession of [apartments/plot], to the allottee/purchaser, in terms of this agreements to be taken within three months form the date of issue of such notice and the promoter shall give possession of the apartment/shop to the allottee/purchaser. The promoter agrees and undertakes to indemnify the allottee/purchaser in case of failure fulfillment of any of the provisions, formalities, documentation on part of the promoter/owner. The allottee/purchaser agree to pay the maintenance charges as determined by the promoter or association of allottee/purchaser, as the case may be. The promoter on its behalf shall 13 | P a g e offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the project. 7.2 The allottee/purchaser shall take possession of the apartment within 15 days of the written notice from the promoter to the allottee/purchaser intimating that the said apartments are ready for use and occupancy : 7.3 Failure of Allottee/purchaser to take Possession of Apartment: Upon receiving a written intimation from the Promoter as per aforementioned clause, the Allottee/purchaser shall take possession of the apartment/shop 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/plot] to the allottee/purchaser. In case the Allottee/purchaser fails to take possession within the time provided in clause 8.1 such Allottee/purchaser shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the Apartment to the Allottee/purchaser, the Allottee/purchaser 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/purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee/purchaser shall use the Apartment or any part there of or permit the same to be used only for purpose of residence/shop for carrying on any business. He shall use the parking space only for purpose of keeping or parking vehicle. 9. The Allottee/purchaser along with other allottee/purchaser(s)s Apartments in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such 14 | P a g e name as the Promoter may decide and for this purpose also from time to time sing and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sing and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee/purchaser, so as to enable the Promoter to register the common organization of Allottee/purchaser. No objection shall be taken by the Allottee/purchaser 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. 9.1 The 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 original owner/promoter and/or the owners in the said structure of the building or wing in which the said apartments is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Association or Limited Company, as aforesaid, cause to be transferred to the Federation/ Apex body all the right, title and interest of the Vendor/Lessor/Original Owner/ Promoter and / or the owners in the project land on which the building with multiple wings or Buildings are constructed. 9.3 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 15 | P a g e 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 determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. .......... per month towards the outgoings. The amounts so paid bythe Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The allottee/purchaser shall on or before delivery of possession of the said premises keep deposited with the promoter/owner, 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. 16 | P a g e (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 out goings of society or limited company/federation apex body. (v) Rs……….. for deposits towards water, electric and other utility and services connection charges & (vi) Rs ………… for deposits of electrical receiving and sub- station provided in layout. 11. The allottee/purchaser shall pay to the promoter a sum of Rs…….. for meetings all legal coast charges and expenses , including professional coasts of the Attorney–at–Law/Advocates of the promoter in connection with formation of the said society, or limited company, or apex body, or federation and for preparing its rules, regulations and byelaws and the cost of preparing and engrossing the conveyance or assignment of lease . 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the 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 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 17 | P a g e respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The promoter here by represents and warrants to the allottee/purchaser as follows: i. The promoter has clear and marketable title with respect to the project land; a declared in the title report annexed to this agreement and has the requisite rights t o 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; ii. The promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the projects and shall obtain requisite approvals from time to time to complete the development of project; iii. There are no encumbrances upon the project land or the project except those disclosed in title report; iv. There are no litigations pending before any court of law with respect to the project land or project expects 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 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 and common areas; 18 | P a g e 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/purchaser herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development 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/purchaser 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/purchaser in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottee/purchaser the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottee/purchasers; 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; 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 except those disclosed in the title report. 14. The Allottee/purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows: 19 | P a g e i. To maintain the Apartment at the Allottee/purchaser’s own cost in good and tenantable repair and condition from the date of possession of the Apartment is taken 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 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/purchaser in this behalf, the Allottee/purchaser 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/purchaser 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/purchaser committing any 20 | P a g e act in contravention of the above provision, the allottee/purchaser 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. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the 21 | P a g e 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/purchaser for any purposes other than for purpose for which it is sold. ix. The allottee/purchaser 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/purchaser to the Promoter under this Agreement are fully paid up. x. The Allottee/purchaser 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 Apartment 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/purchaser 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 Apartment in the Building and shall pay contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. 22 | P a g e xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee/purchaser 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. xii. Till a conveyance of the project land on which the building in which Apartment is situated in favour of Apex Body or Federation, the Allottee/purchaser shall permit the Promoter and 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. 15. The Promoter shall maintain a account in respect of sums received by the Promoter from the Allottee/purchaser 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 A. In case the transaction being executed by this agreement between the promoter and the allottee is facilitated by a Registered Real Estate Agent, all amounts (including taxes) agreed as payable remuneration/fees/charges for services/commission/brokerage to the said Registered Real Estate Agent, shall be paid by the Promoter/allottee/both, as the case may be, in accordance with the agreed terms of payment. 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 23 | P a g e Apartments or of the said Plot and Building or any part thereof. The Allottee/purchaser 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 Society/Limited Company or other body and until the project land is transferred to the Apex Body/Federation as herein before mentioned. 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/purchaser who has taken or agreed to take such [Apartment/plot]. 18. BINDING EFFECT: Forwarding this Agreement to the Allottee/purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee/purchaser until, firstly, the Allottee/purchaser sings 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/purchaser and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter. If the Allottee/purchaser(s) fails to execute and deliver to the Promoter this Agreement withing 30 (thirty) days from the date of its receipt by the Allottee/purchaser 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/purchaser for rectifying the default, which if not rectified 24 | P a g e within 15 (fifteen) days from the date of its receipt by the Allottee/purchaser, application of the Allottee/purchaser shall be treated as cancelled and all sums deposited by the Allottee/purchaser in connection therewith including the booking amount shall be returned to the Allottee/purchaser 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/plot /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/PURCHASER/SUBSEQUENTALLOTTEE /PURCHASERS: 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 allottee/purchasers of the apartment/shop, in case of a transfer, as the said obligations go along with the apartment/shop for all intents and purposes. 22. SEVERABILITY: 25 | P a g e If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made there under 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 extent necessary to conform to Act or the Rules and Regulations made there under 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. 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 anypayment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the [Apartment/Plot] to the total carpet area of all the [Apartments/Plots] 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 ____________after 26 | P a g e the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at________________. 26. The Allottee/purchaser 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/purchaser and the Promoter as contemplated by this Agreement shall be deemed to have duly served if sent to the Allottee/purchaser or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: ____________________ Name of Allottee/purchaser _____________________(Allottee/purchaser’s Address) Notified Email ID:____________ Promoter's Name & Address – TATHEY REALTY, Registration No.NG000006755 Lilaai, Vitthalarpan Colony, Farshi Stop, Dastur Nagar, Amravati, Tq. & Distt.Amravati – 444606 PAN – AAQFT2986C Through its Partners – (1) Chandrakant Purushottam Tathe, (2) Aasha Chandrakant Tathe, (3) Rashmi Ambadas Talhar, (4) Rohit Chandrakant Tathe, 27 | P a g e All R/o. Lilaai, Vitthalarpan Colony, Farshi Stop, Amravati, Tq. & Distt.Amravati – 444606 Notified Email ID:__________ It shall be the duty of the Allottee/purchaser and the promoter to inform each other of any change in address subsequent to the execution of this agreement in the above address by registered post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee/purchaser, as the case may be. 28. JOINT ALLOTEES That in case there are joint allottee/purchasers all communications shall be sent by the promoter to the allottee/purchaser 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 allottee/purchasers. 29. STAMP DUTY AND REGISTRATION: The charges towards stamp duty and registration of this agreement shall be borne by the allottee/purchasers. 30. DISPUTE RESOLUTION: Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be referred to the __________ Authority as per the provisions of the Real Estate (Regulation & Development) Act, 2016, Rules and Regulations, thereunder. 28 | P a g e 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 Amravati Court will have the jurisdiction for this agreement. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this agreement for sale at ____________________ (city/town name) in the presence of attesting witness, signing as such on the day first above written. First schedule above referred to Description of the freehold/leasehold land and all other details “Amalgamated layout converted plot No.35/85/86, admeasuring 576.20 Sq.Mtr. (6200 Sq.Ft.) from field survey Nos.35, converted as per Revenue Case No. NAP-34/Jewad-65/1980-81 dated 30/09/1981 of Mouje Jewad, Pragane Badnera, Tq. & Dist. Amravati, situated within the limits of Amravati Municipal Corporation, which is bounded as under:- Towards East: Service Line; Towards West: 9.14 mtrs. wide road; Towards North: Plot No.84; Towards South: Plot No.87.” Second schedule The, extent and description of common areas and facilities. A.) Description of the common areas provided: Types of common area Proposed Date of Proposed Date Size/ Area of provided Occupancy of Handover the Common Certificate for use Areas provided i. ii. iii. 29 | P a g e B.) Facilities/ amenities provided/ to be provided within the building including in the common area of the building: Types of Phase Proposed Proposed Date of Size/ FSI Facilities/ name/ date of handing over to Area of Utilized amenities Number Occupancy the Society the for free provided Certificate /common facilities/ of FSI Organization amenities i. ii. iii. C.) Facilities/ amenities provided/ to be provided within the Layout and/or common area of the Layout: Types of Phase Proposed Proposed Date of Size/ FSI Facilities/ name/ date of handing over to Area of Utilized amenities Number Occupancy the Society the for free provided Certificate /common facilities/ of FSI Organization amenities i. ii. iii. D.) The size and the location of the facilities/amenities in form of open spaces (RG/PG etc.) provided/to be provided within the plot and/or within the layout. Type of open Phase Size open Proposed Date of Proposed Date spaces (RG/PG) name/ spaces to be availability for use of handing to be provided Number provided over to the common organization i. ii. iii. E.) Details and specifications of the lifts: Type Lift Total no. of Number of Speed passenger/service/stretcher Lifts provided passenger or (mtr/sec) /goods/fire evacuation/any carrying capacity other in weight (kg) i. ii. iii. 30 | P a g e SIGNED AND DELIVERED BY THE WITIN NAMED Allottee/purchaser (including joint buyers) (1) _____________________ Please affix Please affix photograph & photograph & (2) _____________________ sign across the sign across the At_______________on photograph photograph _________________ 31 | P a g e In the presence of Witnesses: 1. Name _________________________ Signature ______________________ 2. Name _________________________ Signature ______________________ SIGNED AND DELIVERED BY THE WITHIN NAMED Promoter: (1) _________________ (Authorized Signatory) Witnesses: Please affix photograph & sign across Name __________________________ the photograph Signature _______________________ Name __________________________ Signature _______________________ SCHEDULE 'A' PLEASE INSERT DESCRIPTION OF THE [APARTMENT/PLOT] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS SCHEDULE 'B' FLOOR PLAN OF THE APARTMENT Annexure-A Name of the Attorney at Law/Advocate Address: Date: No. Re.: 32 | P a g e Title Report Details of the Title Report The title repot of the lawyer is attached with this agreement. Place: Amravati Dated ______ day of __________ 2025. (Signed) Signature of Attorney-at-Law/Advocate 33 | P a g e Annexure-B (Authenticated copies of property card or extract village forms VI or VII and XII or any other revenue record showing nature of the title of the vendor/lessor/original owner/promoter to the project land) Annexure-C-1 (Authenticated copies of the plans of the layout as approved by the concerned local authority) Annexure-C-2 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) Annexure-D (Specification and amenities for the apartment) Annexure-E (Specification and amenities for the Apartment), Annexure-F (Authenticated copy of the registration certificate of the project granted by the Real Estate Regulatory Authority) Received of and from the allotee above named the sum of Rs._________________ on execution of this agreement towards earnest money deposit or application fee I say received. The Promoter/s 34 | P a g e