SAMPLE OPY OF SALI 1n of SHRI JAI AMBA ,ARTMENT-XV Mouja - Shegaon, Table No. 3.88 Flat @ Rs. 26,700l- Per Sq.mtr. Stamp Duty is paid as Per Rule & Reguiations. [D.O.D. Regd.on ..............'... at with S.R.O., Amt.l Govt. Valued of Agreement of Sale V at Rs. ... . .. .. .. .. .. .. .. ... I ' Total Sale at Rs. ... . ., .. .. . ... ,. .. .. .1 - [Stamp duty of Rs. . . . . .. . . ' '. . . . . . . / - & charges of Rs. .......... " / - is paid challanl THIS AGREEMENT OF SALE iS and executed on this Day of 2O17 between- 1) Sau. Nirmalatai Prabhakarrao Aged about 57 years, occu. :- R/o. Pusla, Tq. Warud, Dist. 2l Sau. Ushatal Gaurlshankar Aged about 50 years, occu. :- H R/o. Khanapur, Tq. Morshi, Amravati, Pin Hereinafter referred to the OWNERS of Plot No. 33" ( which expression unless repugnant to the shall always mean and include is legal heirs, successors, executors assigns) Through lt's Special Power of (By virtue of Agreement of t and Building Construction with Special Power of Attorney dated 17.1 17 registered at Sr1. No. 3859/ 2016 with SRO No. 2, Amravati CitY) Nilesh Associates through it's Shri. Nilesh Prakashrao (PAN ADxPTssTOQl Age 41 years, Occ. Business, R/o. Vijay Colony, Kathora Tq. & Dist. Amravati.440013 Hereinafter referred to as the of Plot No. 34 atrd VENDOR/ PROMOTER" (which expression repugnant to the context, shall always mean and include their legal , successors and assigns) being the party of FIRST PART; -2- Shri. (PAN Aged ........ Yrs, Occ. - R/o. ........'..'.. Tq. and Dist. Amravati, Pin No. Hereinafter referred to as the c OR PURCHASER" which expression unless repugnant to the con shall always mean and inciude their lega1 heirs, successors and assigns being the party of SECOND PART; WIIEREAS the Owner Sau. Prabhakarrao Hedao and Sau. Ushatai Gaurishankar Barapatre is joint owner and possessor of property situated at Mouje- Shegaon, Pragane-Naldgaon Peth, Tq. and Dist. Amravati, within the limits of M cipal Corporation of Amravati and jurisdiction of Joint Sub Registrar of ti City, out of which Field Survey No. 4912, out of which 1 H 34 R agriculture land layout conversion is passed by Hon'ble , Amravati vide Rev Case No. NAP- 34lShegaon-34 / 1989-90 order dated 1.12.1989, known as "Anandwadi, Kathora Road, Amravati', out of which ut converted Plot No. 33 having admeasuring 5487.6 sq.fts. (510 sq.mts ) and Promoter Nilesh Assoclates through it's Prop. Shri. Nilesh Thakare is the owner and possessor of property of the same t converted Plot No. 34 having admeasuring 5573.68 sq.fts. (518 .) and both plot total admeasuring 1028 sq.mts. (11061.28 sq.fts.) and plot is commonly bounded as under :- Towards East - Layout Plot No. 1 16 and 17, Towards West - 10O ft. wide to Kathora Road, Towards North - 30 ft. wide Road, Towards South - Plot No. 32. and above reffered property more described in "Schedule A" annexed hereto (Hereinafter referred to "the ProJect Land"). WHEREAS the Owner of above 'erred Plot No. 33 to get the said property developed and hence the own has agreed to enter into Agreement of Development and Building Costru with Special Power of Attrney with Vendor/Promoter Nilesh Associa through it's Prop. Shrl. Nilesh Prakashrao Thakare vide Reg. Sr1. o. 3859/2O16 dated 77.12.2076 -c- (Hereinafter referred to as ..the Agreement") and after the said agreement Vendor is in possession said project land, arrd, Promoter Nilesh Assoclates through it's Prop. Nilesh Prakashrao Thakare owner and possessor ofthe of the above plot No. 34 and same is purchased from Sau. Manga-la Ashokrao Sonku and Sau. Nirmalabai Prabh akarrao Hedao vide Reg. sale deed dated 13.1O 16 at Srl. No.4169/2O76. AND WHERTAS promoter Nilesh through Prop. Shri. Nilesh Prakashrao Thakare and Sau. Prabhakarrao Hedao and Sau. Ushatai Gaurishankar Barapatre has the said two plots, as per order passed by Town Planning Au ority of Municipal Corporation of Amravati as pervide order No. 1467 2l.lL,2ol6 and order passed by Collector as per Rev. Case No. 34l Shegaon-7 3 / 2016-77 dated 31.72.20t6. AND UIHEREAS the promoter T.D.R. rights by way of two different sale deed i.e. 1) sa-le deed 27.O1.2O17 registered at Sr1. No. 352/2017 with the Sub-Registrar of i City, executed by the prev! ous owner Shri. Subhash Devidasrao , T.D.R. rights equiva- lent to 465 sq.mts. from out of the T .R certificate issued by Amravati Municipal Corporation vide Folio No. C/ADTP/TDR / 23 / 2o7O dated 0 I .0 1.201 I and Certificate No. 23 and ) sale deed dated 16.03.2017 reg- istered at Sr1. No. 938/2017 vrith the b-Registrar of Amravati City, ex- ecuted by the previous owner Datta :is and Chemical R/t. Ltd. through Managing Director Shri. Ashokkumar i Soni, T.D.R. rights equiva- lent to 60 sq.mts. from out of the T.D.R issued by Amravati Mu- nicipal Corporation vide Folio No. C/ADTP/TDR 157 /2Or5 d,ated O9.O2.2OLS and Certificate No. 57 and particularly described in "First Schedule at Srl. No. (ii) (1) and (2),,here AND WHEREAS as per the title referred to above in favour of tJre promoter, there is no convenient the project land or the title of the promoter thereon and there is no t or illegal encroachment into or upon the project larrd artd no further ssion is required from any government or authority for using the land for the construction of the project hereinafter mentioned ald promoter has not mortgage the project land and has not created anv or charge upon the project land. AND 1VHEREAS Vendor/promo has applied with the Municipal Corporation, Amravati for the sanction map of propose construction on -4- said project land and which has been duly approved and sanctioned by the Municipal Corporation, Amravati vide Order No. 0698 dated 2O.O9.2077, and the vendor has chosen to describe the said building known as "SHRI JAI AMBA APARTMENT-XV", and, WIIEREAS while seeking sanction to the building plan, the promoter has taken the benefit of the TDR rights described at Sr1. No. (ii) in the schedule-A hereto for getting more Floor Space Index. AND WHEREAS the Vendor/Promoter has executed DEED OF DECLARATION under section 2 of the Maharashtra Apartment ownership Act, 1970 dated ............., registered at Sr. No. with the office of Sub Registrar, Amravati City, Amravati, and thereby submitted the said land and the building being constructed thereon to the provisions of Maharashtra Apartment Ownership Act, 1970, AND WHEREAS the above referred property i.e. project land is free from all types of dispute, encumbralces, litigation and said property not affected by way of any means. and, WHEREAS the Vendor/Promoter are entitled and enjoined upon to construct buildings on the project lald in accordance with the recita-1s hereinabove; arid, W'IIEREAS the Vendor/Promoter is the possession of the project land, and WHERTAS the Vendor/Promoter has proposed to construct on the project land building "SHRI JAI AMBA APARTMENT-XV" consist there are on basement floor exclusively reserved for ample parking space, lift and stairecase, on lower ground floor there are thirteen shop unit and parking place, on upper ground floor there are fourteen shop unit, one hall, on first floor there are five hall unit and on second to fifth floor there are five independent apartments/family units in each floor, respectively, ald, WHEREAS the Allottee is offered an Apartment bearing Number ...... on the .............. Floor, (herein after refereed to as the said "Apartment") of the Building ca.lled aSItRI JAI AMBA APARTMENT-XV", (herein after refereed to as the said "Bu[dtng"), by the Vendor/promoter, and, WHEREAS the Vendor/Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architect, and. -5- WHEREAS the Vendor/Promoter las registered the project under the provision of the Act with the Real Estate Regulatory Authority at Mumbai Reg. No. ..............; authenticated copy is attached in Annexure "F", and, WHEREAS the Vendor/Promoter has appointed a structural Engineer for the preparation of the structural. design and drawings of the buildings and the Vendor accepts the professional supervision of the Architect and the structura-l Engineer till the completion of the building, and, WHEREAS on demand from the allottee, the Vendor/promoter has given inspection to the Allottee of all the documents of title relating to the project land and plans, designs and specifications prepared by the Vendor/ Promoter's Architect Mr. ... and of such other documents as are specified under Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as ..the sald Act") and the Rules and Regulations made thereunder, and, WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or Advocated of the vendor/promoter, authenticated copies of Property card or extract of Village Forms VI and II and XII or any other relevant revenue record showing the nature ofthe title ofthe Vendor/ 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" and ""B", respectively. and, wHEREAS the authenticated copies of the plans of the Layout as approved by the concemed Local Authority have been annexed hereto ald marked as Annexure C-1, and, WHEREAS the authenticated copies of the plans of the Layout as proposed by the Vendor/Promoter and according to which the construction ofthe building and upon spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C_2, atd, WHEREAS the authenticated copies of the plans and specifications ofthe Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D, and, 1VHEREAS the promoter has got some of the approvals from the concerned local authority(s) to the pians, the specifications, elevations, section and of the said building/s and shall be obtained the balance -6- approvals from l'arious authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building, and. WIIEREAS while sanctioning the said plals concerned local authority and/or Government has laid down certfin terms, conditions, stipulations arrd restrictions which are to be observed and perform by the Promoter while developing the project land arrd the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building shall be granted by the concerned local authority. . WHEREAS the Vendor/Promofer has accordingly commenced construction of the said building/s in {'ccordance with the said proposed plans, and, WHERTAS the Allottee has ap{lied to the Vendor/Promoter for allotment of an Apartment No. ...... on the Floor in the situated in the bulldlng "Shri Jai Amba Apartrnent-XV", ofthe said project, and, WHEREAS the carpet area of the said Apartment is square meters and "carpet area" means the net usable floor area of a.rr 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 Allottee or verandfh area a-nd exclusive open terrace area appurtenant to the said Apartmerit for exclusive use of tJle Allottee, but includes the area covered by the interJnal partition walls of the apartment. WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by al1 the terms, conditions and stipulations contained in this agreement and all applicable laws, are now willing to enter into this Agreem,ent on the terms and conditions appearing hereinafter; and, IIIHEREAS, prior to the execution of these present the Allottee has paid to the Vendor/Promoter a sum of Rs. .. .. .. . . . .. . . . . . / - (Rs. ..................only), being part pal,rnent ofthe sale consideration ofthe Apartment agreed to be sold by the Vendor/Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Vendor both hereby admit and acknowledge) and the Allottee has agreed to pay to the Vendor/ Promoter the balance of the sale consideration in the manner hereina.fter appearing, and, UTHER.EAS, the Vendor/Promoter has registered the Project under the provision o[ the Rea] Estate (Regulation & Redevelopment) Act, 2016 -7- with the Real Estate Regulatory Authorlty at R.ERA Reg. No. and, IIHEREAS under section 13 of the said Act the promoter is required to be executed a written Agreement for sale of said Apartment with the Allottee, being in fact these present and also to register said Agreement under the Registration Act, 1908. In accordance with the terms arld conditions set out in this Agreement arrd as mutually agreed upon by arrd between the parties, the Vendor/ Promoter hereby agrees to seIl and the Allottee hereby agrees to purchase the Apartment. NOW THEREFORE, THIS AGREEMENT UNTNESSETH AND IT IS HEREBY AGREE BY AND BETWEEN THE PARTIE.S HERETo AS FALLoWS :. 1l The Vendor/Promoter shall construct the said building consisfing of basement, lower and upper ground floor and live upper 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 modification which may adversely affect the Apartment ofthe Allottee except arry alteration or addition required by any Government authorities or due to change in law. 1(al (il The Allottee hereby agrees to purchase from the Vendor/ Promoter and the Vendor/promoter hereby agrees to sell to the Allottee Apartment No. ......... having carpet area admeasuring ...,,............. sq. meters on .......,.. floor in the building..Shri Jai Amba Apartment-Xl/,, (hereinafter referred to as "the Apartment") as shown in the Froor pran thereof hereto annexed and marked Atlnexure C-1 and C_2 for the consideration of Rs. . . . . . . . . . . . . . . . . / - including Rs. ................./_ being the proportionate . . . price of the common area arrd facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the second Schedure annexed herewith. l(bl rhe tota-l aggregate consideration amount for the apaJtment is thus Rs. .......................... / -. 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. ...'........../- (Rs. ..... only) ( not exceeding l0% of the tota.l consideration) as advance payment and hereby agrees to pay to that -8- Vendor/Prompter the balance amount of Rs. ............/_ (Rs. only) in the following manner :- (i) lOo/o at the time of Agreement to sale, (ii) 20% within eight days from Agreement to sale, (iiO 15olo on completion of plinth, (i") 1O%o on completion of Third slab, (v) 10% on complition of fifth slab, (v) 10% on completion of Walls, Internal plaster, Floorings of he said Apartment, (vi) 5o/o on completion of Sanitary Fittings, staircase, liftwells, lobbies upto floor levels, doors and w.indows of the said apartment, (vii) 5% on completion of external plumbing, external finishing, elevation, terrace w.ith water proofing of the building, (r,lii) 1O7o on completion of the lift, water pumps, electrical fittings, electro mechanical and other enviroment requirements, entrance, pavings of area appertain and all other requir_ ements as may be prescribed in the Agreement of sale of the said Apartment is located, (i*) 5o/o At the time of handaling over possession of the Apart_ ment to the Allottee or on receipt of completion certif - icate, whichever is earlier. l(dl The Total Price of the apartment is Rs. ................./_. Besides the cost of apartment, the allottee /purchaser has to pay the applicable taxes to the promoter/ oumer separately. l(el The Total Price is escalation-free, save and except escalation/ increases, due to increase on account of development charges payable to the competent authority and/or arry other increase in charge which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Vendor/prompter 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 Vendor/prompter shall enclose the said notification/order/rure/regulation published/issued in that behalf to that effect along with the demand retter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(0 The Promoter shall confrrm the frnal carpet area that has been arotted to the Allottee after the construction of the Building is complete and the -9- occupancy certilicate is granted by the t authority, by fumishing details of the changes, if any, in the area , subject to a variation cap of three percent. The total price le for the carpet area shall be reca-lculated upon confirmation by the . If there is any reduction in the carper area within the defrned li then Promoter shall refund the excess money paid by Allottee within fi days with annual interest at the rate specifred in the Rules, from date when such an excess amount was paid by the Allottee. If there is any crease in the carpet area a-llotted to Allottee, the Promoter shall demand amount from the Allottee as per the next milestone of the pa t plan. A11 these monetary adjustments shall be made at the same per square meter as agreed in Clause 1(a) of the Agreement. 1(gl The Allottee authorizes the oter to adjust/appropriate all payments made by him/her under head(s) of dues against lawful outstanding, if any, in his/her name as Promoter may in its sole discretion deem fit and the Allottee undertakes t to object/ demand/direct the Promoter to adjust his pa5rment in any 2.1 The promoter hereby agrees to , perform and comply with all the terms, conditions, stipulation arrd if any, which may have been imposed by the concerned loca-l au at the time of sanctioning the said plans or thereafter and shall, handling over possession of the apartment to the allottee/purchaser, o form the concerned local au- thority occupancy and/ or completion in respect of the apartment 2.2 Time is essence for the promoter well as the allottee/purchaser. The promoter shall abide by the time for completing the project and handing over the apartment/oIlice the allottee/purchaser and com- mon areas to the association of the after receiving the occupancy certificate or the completion certificate both, as the case may be. Simi- larly, allottee sha-lI mal