AGREEMENT OF SALE in respect of RAGIIT,KUNJ Mouja - Amravati, T, ?able No. 5. 1 17, Flat @ Rs. 33,400/_ per Sq.mtr. Stampr Duty is as per Government RuIe & Regulations. [D.O.D. Regd.on at Sr. No. .............. w.ith I *'o' Rural' Amt'l valued of Rs. ..,....,......r_t Agreeaert of Sale Valued at Rs. .......... ..,........t- Total Sale at Fts. .......... ......,....1- [Stamp duty of Rs. ......... ....../- A Registration charges ofRs. ............/_ is paid challanl THIS AGREEM:ENT OF is made and executed on this Day of 20 17 L,etween_ U Shrl. YuvraJstgb Raghuwanshl, Aged about 54 occu. :- Business, 2l Shri. Dtpaksigh Raghuwanshi, Aged aborLt 55 occu. :- Business, 3) Smt. Komat Raghuwanshl, Aged about 4g , occu. :- Housewife, No. lto3R/o. Peth, Amravati, Tq. & Dist. Pin 4446O1 4l Prlyanka tSagarsigh Raghuwaashl, Aged about 28 occu. :- Housewife, R/o. Inside of , Amravati, Tq. & Dist... Pin 444601 5l Khushbu Siagarsigh Aged about 27 occu. :- Housewife, R/o. Near Ilus Nandgaon Peth, Tq. & Dist. Amravati, pin Hereinafter referred to the OWI{ERS, ( which expression un_ less repugnant to the shall always mean and include is legal heirs, successors, execur[ors and Through it's Power of Attorney (By virtue of Agreement of ard Building Construction with Special power of lrttorney ted 03.05.20l7 registered at Srl. No. 1765/ 2017 with SRO No. 2, city) Shri. GaJanan (PAI{ No. A.Drr.S44tSNl througtr it's 1) Shrl. Bihushan dJt Ratht, Age 33 .years, Business, R/o. FleLt No. 403 Vinayak Tower, Medical Square, Napur, Tq. & Nagpur. 44OOL3 2l Shrl. Yogesh Samudre, Age 39 5'ears, Business, R/o. 15, i Nagar, Opp. police Station, Dattawadi, Wadi, Nagpur, Tq. and Dist. Nagpur, plN No.440023 3) Shri. Pnnay Anu Tiwari, Age 3O years, Occ. Business, R/o. Kherparde Amravati, Tq. and Dist. PIN No.444601 Hereinafter referred to the "VENDOR/PROMOTER" (which expression unless repugnant to the text, shall always mean and include their legal heirs, successors and as being the party of FIRST pART; AND Shri. (PAN Aged R/o. Tq. and frist. Pin No. Hereinafter referred the "ALLOTTEE OR PURCHASER" which expression unlelis t to the context, shall always mean and include their legal heirs, and assigns) being the party of SECOND pART; WHEREAS the Owner is e owner and possessor of property situated at Mouje Amravatl , Pragane Badnera, Tq. & Dist. Amravati, within the limit of Mu:eicipal ion of city of Amravati and within the jurisdiction ofsub- , Amravati and the area known as ..ShriLrushna Peth, Amravatlrr, Out of Sheet No. 49-8, Nazul plot No. O/S3 havtag total admeasurtng 4999 .fts. (464.49 sq.mtr.| and having AMC property No. 73 and situated at W No.24 of Amravati Municipal Corporation of Amravati and which is ded as under : -3- Towards East Galli & thenafter house of Shri. Gulhane, Towards West Space of Dharmadai Cotton Fhnd, Towards North Service lane, ald, Towards South Road, and above relfered more particularly described annexed hereto in "Schedule A, referred to as..the proJect Laad,,). IIIHEREAS the Owner get the said property developed and hence the owner has agreed to into Agreement of Development and Building Costruction with Power of Attrney with Vendor/promoter Shri. Gajanan Construction it's Partner l) Shri. Bhushan Khushalchandji Rathi, 2) Shri. y'ogesh V, Samudre, and 3) Shri. pranay Anup Tiwari vide Reg. Srl. No. 1765/ 17 dated O3.OS.2OI7 (Hereinafter referred to as "the Development and after the said agreement Vendor is in possession othe said land WHEREAS Vendor/ has applied with the Municipal Corporation, Amravati for the: of map of propose construction on said project land and which has been approved and sanctioned by the Municipal Corporalion, fu1x:avati vide No.0782 dated 17.10.2017, and the vendor has chosen to d,escribe said building known as &RAGIIUKUNJ,, and has already comrnence the ction of the said building, or there abouts more perticularl5, in the Schedule - I, and, WHER.EAS the Vendor/ hAS EXCCUICd DEED OF DECLARATION dated .................., resi at Sr. No. with the office of Sub Registrar, Amravati City, and, WHEREAS the above property i.e. project land is free from all types of dispute, encunrbrances, and said property not affected by way of any means, anrl, trIHEREAS the Vendor are entitled and enjoined upon to construct buildings on the project in accoudance with the recita-ls hereinabove; and, WIIEREAS the Vendor/ is the possession of the project land, and WHER"EAS the Vendor/ has proposed to construct on the project land building consist of there are total I I (Eleven) residential unlts, on the pper ground floor 2 (Two) independent apartments / fanily units, on l"t 3d floor 3 (Three) independent apartments / family units in each and on lower ground floor area is exclusively reserved for lilt shaft, ple parking and there is stairecase lead to upper floor and also r)n upper d floor there is two residential unit and remaing area for ampk: parking, y, and, WIIEREAS th,: Allottee offered an Apartment bearing Number ..,... on the ...,.......... Floor, (h after reffered to as the said .Apartmento) of the Building ,:alled ukunJ", (herein after reffered to as the said "Bulldiag"), by the V r/Promoter, and, WHEREAS tht: Vendor/ oter has entered into a standered Agreement with an Architect ered with the Council of Architects and such Agreement is a,s per the t prescribed by the Council of Architect, and. WHERTAS thr: Vendor Promoter has registered the project under the provision of the Act wi the Real Eastate Regulatory Authority at ..........'.......... No. authenticated copy is attached in Annexure "F", and, WHEREAS thr: Vendor/ has appointed a structural Enginner for the preparatiorL of the s ctural design and drawings of the buildings and the Vendor accepts the 'essional supervision of the Architect and the structural En ginner till completion of the building, and, AND WHEREAS by e of the Development Agreement with power of Attorney the Vendor/ oter has sole a.rld exclusive right to sell the Apartment in the said to be constructed by the Vendor/promoter on the project land and enter into Agreements with the allottees of the Apartments to r.eceive th sale consideration in respect thereof; WHEREAS on rlemand the allottee, the Vendor/promoter has given inspection to the Allottee all the documents of title relating to the project land and plans, design and specifications prepared by the Vendor/ Promoter's Archltect Mr SanJay Keshawao Nagpur and of such other documents as are specifi under Real Eastate (Regulation and Development) Act 2016 (hereinafter to as "the sald Actr) arrd the Rules and Regulations made th der, and, -5- WIIEREAS the au copies of Certilicate of Title issued by the attorney at lavr or of the Vendor/Promoter, authenticated copies of Property cat-d or of Village Forms W and VII and XII or any other relevant rever:rue showing the nature of the title of the Vendor/ Promoter to th.e project on which the Apartments are constructed or are to be consEucted been annexed hereto ald marked as Annexure , and, WHEREAS the au copies of the plans of tl.e Layout as approved by the concerned Local thority have been alnexed hereto and marked as Annexure C- 1, and, WHEREAS the copies of the plans ofthe Layout as proposed by the Vendor/ and according to which the construction o the building and upon are proposed to be provided for on the said project have been annr3xed and marked as Annexure C-2, and, UIHEREAS the au copies of the plans and specifications of the Apartment agreed to purchased by the Allottee, as sanctioned and approved by the local have been annexed and marked as Annexure D, and, trIHEREAS the Vendor has accordingly commenced construction of the said building/s in with the said proposed plans, and, trIHEREAS the Allottee applied to the Vendor/Promoter for allotment of an Apartment No. ...... on the .............. Floor in the sltuated in the buildlng "Raghukunj", the said project, and, WHERTAS the carpet of the said Apartmetrt is ....,.......... square meters and "carpet area means the net usable floor area of an apartment, excluding the iirea by the external walls, areas under seryices shafts, exclusive appurtenant to the said Apartment for exclusive use of the Allottee or zrrea and exclusive open terrace area appurtenant to the said for exclusive use of the Allottee, but includes the airla by the internal partition walls of the apartment. WHEREAS, the Parties on the confermations, representations and assurances of ertch other faithfully abide by all the terms, conditions and -6- stipulations c,lntained this agreement and all applicable laws, are now willing to enter into this on the terms and conditions appearing hereinafter; and, WHEREAS, prior to the tion of these present the Allottee has paid to the Vendor/ Promoter a being part payment of e sale consideration of the Apartment agreed to be sold by the \/endor/ oter to the Allottee as advance payment or Application Fee (the ent a-nd receipt whereof the Vendor both hereby admit and and the Allottee has agreed to pay to the Vendor/ Promoter the lbalance o the sale consideration in the manner hereinafter appearing, an,l, WIIEREAS, the V Promoter has registered the Project under the provision of the Real (Regulation & Redevelopment) Act, 2016 with the Real Estate Authorlty at ,................. No. ..........., and, In accordance the terms and conditions set out in this Agreement and as mutu€1lly upon by and between the parties, the Vendor/ Promoter hereby agrees seIl and the Allottee hereby agrees to purchase the Apartment.. NOWTHEREFORE, AGREEMENT WITNESSEf,H AND IT IS HEREBY AGREI BY A}ID THE PARTIES HERTTO AS FALLOWS :. lf The VerLdor shall construct the said building consisting of lower and upper and three upper floors on the project land in accordance with the s, designs and specifications as approved by the concemed local auth from time to time. I (a) (0 The Allo hereby agrees to purchase from the Vendor/ Promoter and the V /Promoter hereby agrees to sell to the Allottee Apartment No. ...... ... the type ......... of carpet area admeasuring sq. meters .......... floor in the building (hereinafter referred to as "the ent") as shown in the Floor plan for the consideration of Rs. .... ............/- including Rs. . . .. . . . . .. . . . . . / - being the . . proportionate price of e common area and facilities appurtenant to the premises, the nature, t and description of the common areas and facilities which are m perticularly described in the Second Schedule annexed herevrith. -7- 1(b) The totzrl consideration amount for the apartment is thus Rs. ............... ........../- 1 (c) The Allc,ttee has id on or before execution of this agreement a sum of Rs. ............,./- (Rs. .. ......................... only) (not exceeding 10% of the tota-l considerErtion) as payment and hereby agrees to pay to that Vendor/ Pronrpter th balance amount of Rs. ............./- (Rs. the following manner :- (i) 10olo at the time of booking, (ii) lO% at the of Agreement, (iii) 20o/o at t}re frrst slab, (iv) 2OYo at the second slab; (v) 20o/o at t}re third slab, (vi) 157o at the fourth slab, (vii) 5()zo at the of possession. 1(d) The Total Price the apartment is Rs. ................./-. Besides the cost of apartment, the /purchaser has to pay the applicable taxes to the promoter/o'*mer 1(e) The Total Price escalation-free, save and except escalation/ increases, due to i on account of development charges payable to the competent rtuthority /or any other increase in charge which may be levied or impos,ed by competent authority Loacal Bodies/ Govemment from time to tilrle. The V /Prompter undertakes and agrees that while raising a demand on the for increase in development charges, cost or levies imposed by the authorities etc., the Vendor/Prompter shall enclose the said I order lrule lregulation publised/issued in that behalf to that along with the demand letter neing issued to the Allottee, which shall be applicable on susequent payments. 2.1 The promoter here agrees to observe, perform and comply with all the terms, conriitions, pulation and restriction if any, which may have been imposed l>y the local authority at the time of sanctioning the said plans or and shall, before handling over possession of the apartrnent to the /purchaser, obtain form the concerned local authority occup€rncy or completion certificate in respect of the apart- ment . 2.2 Time is c:ssence the promoter as well as the allottee/purchaser. The promoter shall by the time schedule for completing the project and handing over the I /Shop| to the allottee/ purchaser and com- -8- mon areas to the of the allotees after receiving the occupancy certificate or t]le certilicate or both, as the case may be. Simi- larly, allotee s.hall make pa)rments of the installments and other dues payable by him/her meeting the other obligations under the agree- ments subjecls to the si eous completion of construction by the pro- moter as provided in para. 3. The promoter by declares that the total plot area of the scheme is 464.49 sq.ttrtrs. sanction of the building plan, the Municipal Cor- poration Authority has FSI Factor 1.4000. Therefore the pro- moter has pro posed to built up arca 646.02 sq.mtrs. for construction of buildtng "RagJhukunJD the said building plan is approved and sanc- tioned by A.D.T.P., M cipal Corporation, Amravati as per order No. 07g2 dated 17.10.2O17. The has disclosed the floor space index of 1.39 as proposed to be u by him on the project land in said project and Allotee has aglreed to the said apartments based on proposed construction and sale to be carried out by promoter by utilizing the proposed I'SI and the understanding that the declared proposed FSI shall belong tc, only. 4.1 If the promoter to abide by the time schedule for completing the project and ha:rding the apa-rtments to the Allotee, the promoter agrees to pay to the A.l.lottee/ , who does not intend to withdraw from the project, interest as in the rule, on all the zrmounts paid by the Allottee/purchaser for month of delay, till the handing over of the possession . The purchaser agrees to pay to the promoter, interest as specified in the rule, all the delayed payments which become due and payable by the Allottee/ to the promoter under the terms of this agreements from the the said amount is payable by the Allottee/pur- chasers to the promoter 4.2 Without prejudice the right of promoter to charge interest in terms of above para, on the /purchaser committing default in payments on due date of any t due and payable by the Allottee/purchaser to the promoter under this t and on the Allottee/purchaser commit- ting three defaults of ts installments, the promoter shall at his own option, terminaLte this Provided that, shall give notice of frfteen days in writing to the Allottee/purchaser, post AD at the address provided by the Allottee/purch:rser and at e-mail address provided by the Allottee/ purchaser, of his in to be terminated this agreement and of the spe- cific breach of Lerms and in respect of which it is intended to be terminated the If the Allottee/purchaser fails to rectiry the breach or breaches m'gntioned the promoter with in the period of notice then at the end of such notice promoter shall be entitled to terminate this agreement and he can liquidated damages from Allottee/purchaser. Provided further upon termination of this agreement as afore_ said, the promoter shall refunded to the Allottee/purchaser by deduct_ ing the amount of damages, which may be payable to promoter with in a perio,J of thi days of the termination. 5. The pro:moter give possession of the apartment/shop to the Allottee/purchaser oD. before 3lst December, 2OZ]-, lf tlle promoter fails or neglects to give of t]le apartments, tJren the promoter shall be liable on to dema:rd to refund to the Allottee/purchaser the amounts already by him in respects of the Apartment with interest at the same rate may mentioned in the rules form the date pro- moter received tl:e sum the date the amounts and interest there on is repaid. 6. Proyided that the shall be endtled to reasonable extension of time for givirrg of apartments on afore said date, if the comple- tion of building in whi the apartments is to be situated is delayed on account of; (1) war, civ . or act of God; (21 any notic:e, order, , notilications of the governments and/or other public or competent /court. 7 .L Procedu:re for possesslon - the promoter, upon obtaining the occupancy certi from the competent authority and the paJrments made by the Allottee/ as per the agreement shall offer in writing the possession of ts, to the Allottee/ purchaser, in terms of this agreements to be taken three months form the date of issue of such notice and the promoter give possession of the apartment to the Allot- tee/purchaser. The agrees and undertakes to indemniff the Allot- tee/purchaser in case of fulfrllment of any of the provisions, formali- ties, documentation on of the promoter/owner. The Allottee/purchaser agree to pay the charges as determined by the promoter or association of allottee / , as the case may be. 7 .2 The Allottee/ shall take possession of the apartment within 15 days of the rvritten from the promoter to the allottee/purchaser intimating that the said are ready for use and occupancy : 7 .3 Failure of /purchaser to take Possession of apartmertt: Upon receiving a written intimation from the Promoter as per aforemen- - 10- tioned clause, the /purchaser shall take possession of the apart- ment from thr: by executing necessar5r indemnities, undertakings and such other docum n as prescribed in this agreement, and the Promoter shall give on of the apartment to the allottee/ purchaser. In case the Allottee/ fails to take possession within the time pro- vided in abovr: clasue s ch Allottee/purchaser shall continue to be liable to pay maintenance as applicable. 7 .4 If with:in a peri of five years from the date of handing over the Apartment to the Allott /purchaser, the Allottee/purchaser brings to the notice of the llromoter y structural defect in the apartment or the build- ing in witch the t are situated or any defects on account of work- manship, queLlity or ision of service, then, wherever possible such de- fects shall be rectified the Promoter at his own cost and in case it is not possible to rercti$ su defects, then the allottee/purchaser shall be en- titled to receive from e Promoter, compensation for such defect in the manner as provided the Act. 8, The Allottee/ shall use the Apartment or any part there of or permit the same to used only for purpose of residence. He shall use the parking space only r purpose of keeping or parking vehicle. 9. The Allcttee/ along with other Allottee/purchaser(s)s Apart- ments in the building join in forming arld registering the Society or Association or a Limi Company to be known by such name as the Pro- moter may d,:cide and for this purpose also from time to time sing and execute the applicati for registration and/or membership and the other papers and documents for the formation and registration of the Society or Association Limited Company ald for becoming a member, including the byeJaws of the proposed Society and duly fill in, sing and return to the Promoter seven days of the same being forwarded by the Promoter to the /purchaser, so as to enable the Promoter to register the cornmon of Allottee/purchaser. No objection shall be taken by the Allott /purchaser if any, changes or modifications are made in the draft bye- ws, or the Memorandum and/or Articles of Asso- ciation, as may be by the Registrar of Co-operative societies or the Registrar of as the case may be, or any other Competent Au- thority. 9. 1 The Promoter , within three months of registration of the Society or Associatiorr or Company, as aforesaid, cause to be transferred to the society or Limited all the right, title and the interest of the -11- original owner:/ and/or the owners in the said structure of the building or wieg in the said apartments is situated. 9.2 Within 15 days notice in writing is given by the promoter to the Allottee/purctLaser the apartments is ready for use and occupation, the Allottee/purchaser pay to the promoter/owner the amount of one time maiatenarce of 1,00,000/- (Rs.One lakh oalyf in respect of the projects land truilding/ taxes, lift maintenarce, betterment charges or such other levies by the cerned local authority arrd or government wa_ ter, charges insurance, lights, repairs and salaries of clerks bill collectors, cho.rkidars, and all other expenses necessary and in- cidental to the and maintenance of the project and buildings. The amount of received by promoter/owner from the Allottee/ purchaser befc,re execu of the deed of apartment shall be paid by the promoter after of the registered society of the apartment owner. 10. The Allottee/ shall on or before delivery of possession of the said premises keep with the promoter/owner, the following amounts:- (i) Rs... ... for share , application entrance fee of the society or limited c ompany / apex body. (ii) Rs ...... lbr and registration of the society or limited com- pany/federation/ body. (iii) Rs... ... .... for share of taxes and other charges/Ievies in resper:t of the or limited company/federation apex body. (i") Rs ... ..... for towards provisional monthly contribution to wards ou.t goings society or limited company/federation apex body. (") Rs........... for towards water, electric and other utility and servlces charges & (vr) Rs............for of electrical receiving and sub-station pro - vided in layout. 11. The allottee/ shall pay to the promoter a sum of Rs........ for meetings al.i legal charges and expenses, including professional coasts of the Attomey-at /Advocates of the promoter in connection with formation of thr: said , or limited comp€rny, or apex body, or federa- tion and for preparing rules, regulations and byelaws and the cost of preparing and the con ueyalce or assignment of lease . . 12. RIPRESEIiTA, AND trIARRANTIES OF THE PROMOTER . The pronroter by represents and warrants to the altottee/pur- chaser as follows: -72- i. The promoter clear and marketable title with respect to the project land; a declaled in the itle report an annexed to this agreement and has the requisite rights to out development upon the project land and also has actual, physical an legal possession of the project land for the imple- mentation of the proj The promoter la*{u1 rights and requisite approvals form the com- petent authorities to out development ofthe projects and shall obtain requisite approvals time to time to complete the development of project; iii. There are no brances upon the project land or the project ex- cept those disclosed in e report; iv. There are no liti pending before any court of law w'ith respect to the project land or ject expect those disclosed in the title report; v. All approvals, and permits issued by the competent authori- ties with respect to th project, proj ect land and said building/wing are va-lid and sutrsisting d have been obtained by following due process of law. Further, all , Iicenses ald permits to be issued by the compe- tent authoriti,es with to the project, project land and said building/ wing sha1l be obtained following due process of law and the promoter has been and shall, at times, remain to be in compliance with all appli- cable laws in relation the Project, project land, Building/wing and com- mon areas; vi. The Promoter the right to enter into this Agreement and has not committed or omitted perform any act or thing, whereby the right, title and interest ofthe Allo /purchaser herein, may prejudicially be affected; vii. The Prr:moter not entered into any agreement for sale and/or development or any oth agreement/ arrangement with any person or pa.rty wit}t respect to the proj land, including the Project and the said apart- ment which will, in any , affect the rights of Allottee/purchaser un- der this Agreement; viii. The Promoter that the Promoter is not restricted in any manner whatsoever selling the said apartment to the Allottee/pur- chaser in the manner templated in this Agreement; ix. At the time of tion of the conveyance deed of the structure to the association of all /purchaser the Promoter shall handover lawful, vacant, peace:lul, possession of the common areas of the structure to the Association of th Allottee/purchasers; 13. The Allottee/ /s or himself/themselves with intention to bring all pers')ns into osoever hands the Apartment may come, hereby covenants with the as follows: -13- i. To maintain the at the Allottee/purchaser's own cost in good and tenantable and condition from the date ofpossession ofthe Apartment is taken and not do or suffer to be done anything in or to the building in. which Apartment is situated which may be against the rules, regulations or laws or change/alter or make addition in or to the building in whi.ch the is situated and the Apartment itself or arry part thereof without the of the local authorities, if required. ii. Not to store in Apartment any goods which are of hazardous, combustible or: nature or are so heavy as to d€rmage the con- struction or strrrcture of building in which the Apartment is situated or storing of whic)r goods is bjected to by the concerned local or other author- ity and shall take care carrying heavy packages which may damage or likely to damage the common passages or any other structure of the building in which Apartment is situated, including entrances of the building in which the is situated and in case any damage is caused to the building which the apartment is situated or the apartment on account of rLegligence default of the Allottee/purchaser in this behalf, the Allottee/purchaser be liable for the consequences of the breach. iii. To carry out at cost all internal repairs to the said Apartment and maintain the in the same condition, state and order in which it was delivere