AGREEMENT FOR SALE OF APARTMENT Situated at  Ò ^îáå~ëÜÉ=^îÉåìÉ Mouja - Peth Amravati, Table No. 8.250, Pg.No. 047, Resi Bld. @ Rs. 25,800/- per sq.mtr. Stamp Duty is paid as per Government Rules and regulations (RERA Reg. No. , Dt. . .2021) (Stamp Duty Rs. /-) Agreement for Sale Valued at Rs. /- Total Sale consideration valued at Rs. /- (Rs. only) THIS AGREEMENT FOR SALE is made and executed on this Day of March, 2021 between – Avinashe Builders and Developers (PAN - ABOFA2485L) through partners (i) Shri Ganesh Uttamrao Avinashe, aged 58 years, occupation - business & agriculturist, (ii) Sau. Pratibha Ganesh Avinashe, aged 51 years, occupation - business & agriculturist, (iii) Shri Aishwarya Ganesh Avinashe, aged 27 years, occupation - business, (iv) Shri Manas Ganesh Avinashe, aged 20 years, occupation - agriculturist, No. (i) to (iv) all resident of Sadguru Dham Colony, Sai Nagar, Amravati - 444607, hereinafter collectively referred to as the "VENDOR" or "PROMOTER" (which expression unless repugnant to the context, shall always mean and include their legal heirs, successors and assigns); being the party of FIRST PART; AND Shri __________________________________ (PAN : ), aged about __ years, occupation - _________________, resident of ______________________________________ - 44___, hereinafter referred to as the "PURCHASER" or "ALLOTTEE" (which expression unless repugnant to the context, shall always mean and include his legal heirs, successors and assigns) being the party of SECOND PART; (2) WHEREAS the Vendor / Promoter Avinashe Builders and Developers, through partners (i) Shri Ganesh Uttamrao Avinashe, (ii) Sau. Pratibha Ganesh Avinashe, (iii) Shri Aishwarya Ganesh Avinashe and (iv) Shri Manas Ganesh Avinashe, all r/o. Amravati, owns the Layout Plot No. 1-A/1-B/2-A, admeasuring 5800.50 sq.ft. (538.88 sq. mtrs), out of Field Survey No. 56/, of Mouje - Peth Amravati, more particularly described in Schedule "A" hereto, which is herein after referred to as the "said plot", having purchased the same vide Sale Deed dated 26.12.2020, regd. at Sr. No. 6114, with S.R.O. Amravati City-3, from Sanjivani Estate Agency, through partners (i) Shri Jayantilal Jiwanbhai Parmar & (ii) Sau. Pratibha Ganesh Avinashe, both r/o. Amravati, as such the Vendor / Promoter became the sole and absolute owner of the above said plot, and, WHEREAS after purchasing the said land described in Schedule - A hereto, the vendor / Promoter has commence the construction of the building on the said plot - known as "Avinashe Avenue" in pursuance of the map sanctioned by the Municipal Corporation of City of Amravati vide building permit No. 055, dated 11.02.2021, consisting of ground and upper floors, having several shops & residential Apartments; authenticated copy is attached and marked as "Annexure D", and, WHEREAS the postal Address of the said Building is "AVINASHE AVENUE", Parmar Layout, D.P.S. Road, Beside Gajanan Mandir, Amravati - 444607 (Maharashtra) and the Vendor / Promoter has submitted the said plot and building constructed thereon to the provisions of the Maharashtra Apartment Ownership Act, 1970 under section 2 of the said act by duly executing and registering the declaration as provided by sec. 11 of the said Act, registered on . .2021 registered at Sr. No. ------- with S.R.O. Amravati City-----, and WHEREAS, the Vendor / 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, the Vendor / Promoter has registered the said project under the provisions of the Real Estate (Regulation & Development) Act, 2016 with the Real Estate Regulatory Authority at Mumbai on . .2021, bearing registration no. ; authenticated copy is attached and marked as "Annexure F", and, (3) WHEREAS the Vendor / Promoter abovenamed have given inspection to the purchaser of the original documents of title deeds, deed of declaration, the plans, Map sanctioned by Amravati Municipal Corporation, etc. and upon verification of the same, the Purchaser is fully satisfied about the title of the Vendor over the said land and rights of constructed building including the said apartment, and, WHEREAS upon such satisfaction in all respects, the purchaser / allottee initially offered to purchase and the vendor / promoter accept the said offer and thus the allottee agreed to purchase and the Vendor / Promoter have agreed to sell to the purchaser / allottee an apartment described in Schedule "B", to be constructed on the land described in Schedule "A" herewith, to the purchaser / allottee on the terms and conditions mentioned hereinafter; NOW THEREFORE THIS AGREEMENT FOR SALE WITNESSETH AS UNDER : 1) The purchaser / allottee hereby agree to purchase from the Promoter and the Promoter hereby agrees to sell to the purchaser / allottee, an Apartment/Flat No. ___ of having carpet area admeasuring ____ Sq. Metres on _______ Floor in the Project / Building known and styled as "AVINASHE AVENUE" (hereinafter referred to as "the Apartment/Flat"), for the total sale consideration of Rs._______/- (Rupees __________________ Only), excluding the charges of Stamp Duty, Registration Fees, GST and any Government, Semi Government taxes which the Allottee/s have to pay separately. The said consideration is fixed and calculated as per carpet area which is the net usable floor area of said Apartment/Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. That the Allottee/s paid the earnest amount of Rs. _______/- (_____________________) to the promoter as under :- Amount (Rs.) Particulars Rs. /- Paid by Cheque No. , dated .2021, drawn on Bank, Branch Amravati. Rs. /- Paid by Cheque No. , dated .2021, drawn on Bank, Branch Amravati. -------------------- Rs. /- (Rs. only) -------------------- (4) The “Promoter” subject to realization of above said cheques hereby acknowledges the receipt of the same. The remaining amount of consideration of Rs. ________/- (Rs.____________) will be paid by the Allottee/s to the “Promoter” as per as given below (As Decided scheduled by both parties). The Allottee/s agrees and understands that timely payment towards purchase of the said Apartment / Flat as per payment plan / schedule hereto is the essence of the agreement. The Allottee/s remaining payment scheduled as agreed by Allottee/s and Promoter as follows :- a) Amount of Rs. ______/- Already received as mentioned. b) Amount of Rs. ______/- Within 8 days from the date of this Agreement (not exceeding 85% of the total consideration) c) Amount of Rs. _______/- (not exceeding 95% of the total consideration) to be paid to the promoter on completion of the electrical fitting, electro mechanical and environment requirements, and all other requirements as may be prescribed in the agreement to sale of the building or wing in which the said Apartment/Flat is located. d) Balance Amount of Rs.______/- against and at the time of handing over of the possession of the Apartment/Flat to the Allottee/s on or after receipt of occupancy certificate or completion certificate. Total Agreement cost is excluding GST, Stamp Duty & Infrastructure Development Charges. That, it is specifically agreed between Promoter and Allottee/s that the Allottee/s will pay lumpsum amount of Rs. ________/- on account of electric connection including therein proportionate service line charges as well as infrastructure development charges and maintenance of common amenities for the period of 1 year from the date of possession. The said amount is agreed as lumpsum amount inspite of the fact that Promoter may require to incur more or less amount for said items. Apart from this amount, Allottee/s will have to pay separately GST and any Government, Semi Government taxes or any other charges or cess in another name if imposed on this transaction on the sale of Apartment/Flat to Allottee/s. (5) 2) That the time for payment of remaining amount of consideration is treated as essential terms of this contract. Because it is well understood that because of non-payment of remaining amount of consideration on the stated time, the construction of the total building is likely to hamper. If the Allottee/s fails to pay the stipulated amount on the stipulated date, he will have to pay the interest Basic Rate (MCLR) + 2 % per annum for every delayed payment. Even by paying the interest the maximum delay of three months will be condoned and thereafter the right of Allottee/s to purchase the said Apartment/Flat will automatically stand canceled without any further notice for the same and the Promoter will be at liberty to sell the said Apartment/Flat to anybody. The Allottee/s will be entitled only for the refund of 75% amount paid by him up to that date to the Promoter. 3) That the Owners / Promoter hereby undertake that the Apartment/ Flat under sale is free from all types of encumbrances and the Promoter yet not obtained any loan on the said property. 4) The Promoter Party shall give possession of the said Apartment/Flat to the purchaser / allottee on or before __.__.20__ by completing the construction of the said Apartment/Flat however subject to grant of necessary electric connections or supply and also subject to the Government restrictions, strike or any notice, order, rule, notification of the Government and / or other public or competent authority or any cause beyond the control of the Promoter Party any other reasonable cause and the purchaser / allottee agree to ignore reasonable delay in getting possession due to any of the above mentioned reasons and / or for any reason beyond the control of the Promoter Party. If the Promoter Party fails or neglects to give possession of the said Apartment/Flat to the Purchaser / allottee on account of reasons beyond his control and of his agents by the aforesaid date, then the Promoter Party shall be liable on demand to refund to the Purchaser / allottee the amounts already received by it in respect of the said Apartment/Flat with interest at the same rate as may mentioned in the clause 2) herein above or Promoter and Allottee/s will decide the monthly rent till possession, for this Promoter will issue 30 days prior notice to Allottee/s about the same, if Allottee/s wants interest on remaining work pending amount then Allottee/s should reply within 30 days notice period or otherwise maximum rent Rs. 5,000/- (Rupees Five Thousand Only) Per Month (As decided at the time of agreement) per month will be adjusted in balance amount. That, the construction of the building shall be in accordance with the approved plan of Town Planning Authority, however, the Promoter shall be (6) entitled to make any modification in the said plan as deemed necessary, for just and proper construction of the Apartment/Flat. However if there is any change in respect of the said Apartment/Flat under sale, the Promoter shall have to obtain the written consent from the Allottee/s. Similarly, if the Promoter cause any deviation from the approved plan, the Promoter will be liable for any action or penalty that may be imposed or taken by the Town Planning Authority. 5) That the construction of the building shall be in standard quality material. However, the specifications of the material to be used for construction of the building and particularly the said Apartment/Flat under sale and amenities to be provided for the same are given in Schedule-C annexed hereinafter. But, if the Allottee/s desires to have any change, in the said specification the owner will do the same provided that, the Allottee/s will have to pay the separate extra charges for the same. 6) The Allottee/s is aware that due to the skirting and variation in plaster, the carpet area varies. The variation may be approximately 3%. The Allottee/s consents for the same and is aware that the consideration being lump sum will not change. 7) That the said Apartment/Flat under sale will be governed by the provisions of Maharashtra Apartment Ownership Act and all the terms and conditions mentioned in the deed of declaration referred above will be binding upon Allottee/s. 8) That the Allottee/s will be bound to become member of the association and he will have to pay the membership fees, after receiving completion certificate from component authority Allottee/s should take possession within 3 months time period, if Allottee/s fails to take possession it will be considered as deemed possession & he will have to pay common maintenance charges as decided by association of members/society. 9) That on completion of the building the Allottee/s shall be given intimation by the Promoter and within a month from the said intimation the Allottee/s will have to pay all the dues towards the price of the said Apartment/Flat and get the conveyance/sale deed executed in his favour or his/her nominee at his own cost and take the possession of the said Apartment/Flat. 10) That till the date of delivery of possession or execution of sale deed or completion of the construction of the Apartment/Flat under sale, (7) whichever occurs earlier, the Promoter will pay all the taxes and charges of the State Government and that of local authority and from the said date all such charges will be paid by the Apartment/Flat Allottee/s. 11) That the Allottee/s also be liable to pay all the expenses required for the execution and registration of the conveyance deed in his favour and also share money deposits in respect of the Association. 12) DEFECT LIABILITY (a) Five years from the date of handing over the possession of Apartment/Flat to the Allottee/s or date of Occupancy Certificate which is earlier, the Allottee/s brings to the notice of the Promoter any structural defect in the Apartment/Flat or the building in which the Apartment/Flat 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/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. (b) Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said Apartment/Flat of phase/ wing and in specific the structure of the said unit/ wing/ phase of the said building which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter, the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of Apartment/Flat by the Occupants, vagaries of nature etc. (c) That it shall be the responsibility of the Allottee/s to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his Apartment/Flat are regularly filled with white cement / epoxy to prevent water seepage. (d) Further where the manufacturer warranty as shown by the Promoter to the Allottee/s ends before the defects liability period and such warranties are covered under the maintenance of the said unit/building/phase/ wing, and if the annual maintenance contracts are not done/renewed by the Allottee/s (8) the Promoter shall not be responsible for any defects occurring due to the same. (e) That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Apartment/Flat and the common project amenities wherever applicable. (f) That the Allottee/s has been made aware and that the Allottee/s expressly agrees that the regular wear and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20°C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. (g) It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/s, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the unit/phase/ wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. (h) That, the Allottee/s after obtaining the possession of the said Apartment/Flat shall not cause any such act thereby causing any damage to the RCC structures, flooring, common walls or other items and thereby cause any damage to the building as a whole. (i) The allottee shall not store any inflammable or combustibles or such articles or sell and store any types of Alcohol, Beer, intoxicated drinks, combustible goods or such other objectionable articles nor run any business, prohibited by law. (j) The allottee shall maintain the said Apartment/Flat in good and stable condition so as not to effect construction on the said Apartment/Flat and in the case if the allottee fails to maintain the said Apartment/Flat in good condition and if there is a danger to the construction of the above said Apartment/Flat and in that event the Vendor / Promoter shall be entitled to get repaired the said Apartment/Flat at the cost of the allottee. (k) The three/two walls of the said Apartment/Flat shall always remain as a party wall. (9) (l) The allottee or the person claiming through him shall not be entitled to break or make hole or change the structure on any of the walls. (m) That the allottee shall use the common areas and facilities provided for the said Apartment/Flat only in accordance with the purpose for which they are intended, without hindrance or endorsement upon the lawful rights of the other Apartment/Flat owners as mentioned in Deed of Declaration. 13) That all intimation required under the agreement as deemed necessary shall be sent by registered post to the Allottee/s on the address given above and the said posting shall be deemed to be sufficient service. 14) That, Promoter is entitled to carry on further construction on terrace of building by consuming remaining FSI of the property described in Schedule-A or purchase TDR or in case FSI of property is increased, and the allottee or person claiming through him shall have no objection for raising such further construction on terrace of the building. 15) That as per the terms and conditions mentioned in declaration in case FSI of the property described in Schedule-A is increased or by purchasing the TDR the Promoter can raise further construction and if such further construction is allowed the percentage of undivided share in the common areas and facilities will be decreased proportionately and with this understanding Allottee/s agreed to purchase the unit under sale. 16) If any marginal open space adjacent to the said Apartment/Flat, at ground floor or adjacent terrace or terrace above any other Apartment/Flat, has/have allotted by the Promoter to the Allottee/s of any other Apartment/Flat in the building, such respective buyer and occupier of such other Apartment/Flat holder shall use the same being open space or terrace etc., and not entitled to erect any type of permanent or temporary structure thereon or cover any part of the terrace, to use any part of the terrace or parapet wall as the part of the flower bed; and if any such buyer or occupier of other Apartment/Flat holders in the building commit breach of this condition, the Promoter herein shall be entitled to remove such structure/s of any kind at the cost and risk of such respective other Apartment/Flat buyers and recover the cost of removal and damages caused to the building from such buyer. In light of this condition, the Allottee/s herein undertakes to abide above said condition and undertakes not to erect any type of structure in any premises being allotted as a exclusive right to use. ( 10 ) 17) That if the Allottee/s desire to obtain the possession and conveyance deed of the Apartment/Flat under sale, prior to obtaining the occupancy certificate, same will be delivered to Allottee/s and conveyance deed may be executed in his / her favour or his / her nominee with the clear understanding that the Allottee/s may not get the facilities of local authority till obtaining of occupancy certificate. 18) PROVIDED ALWAYS and it is hereby agreed that wherever such an interpretation would be requisite to give fullest possible scope and effect to any contract or covenants herein contained, the expression 'the Vendor / Promoter' and 'the Purchaser / Allottee' hereinbefore used, shall include their respective heirs, legal representatives, successors and assigns and it shall bind them. SCHEDULE "A" Description of Said Plot "All the piece and parcel of land situated at Mouje - Peth Amravati, Pragane - Badnera, Tq. & Dist Amravati, within the limits of Municipal Corporation of city of Amravati and within the Jurisdiction of Sub- Registrar, Amravati, out of Field Survey No. 56/2, admeasuring 1 H. 13 R, of which layout conversion is passed by Hon’ble Collector, Amravati, in Rev. Case No. N.A.P. 34/Peth Amravati-13/1995-96, dated 30.12.1996, from out of this Layout Plot No. 1-A, 1-B & 2-A, all the plots adjoining to each other, and amalgamated vide order passed by Hon'ble Asstt. Director, Town Planning, AMC, Amravati, vide Order No. 0117/2020, dated 05.11.2020, renumbered as Layout Plot No. 1-A/1-B/2-A, thus total admeasuring 5800.50 sq.ft. (538.88 sq. mtrs.) of land, which is commonly bounded as under:- Towards East : Plot No. 2-B, Towards West : Layout Road, Towards North : 24 mtr. wide D.P. Road, and, Towards South : Open Space...” which is hereinafter referred to as the "land or said plot / land". SCHEDULE "B" Description of the Apartment / Flat "The residential apartment bearing Family Unit / Flat No. _____ (__________________), having ____ Sq. Mtr. Carpet area (As per RERA Act) on _____ floor, from out of the under construction project / building / commercial complex known as "AVINASHE AVENUE" standing on the land / plot described in the Schedule "A" hereinabove, alongwith ( 11 ) ____% undivided share in common area and facilities, which is bounded towards East - by __________, towards West - by _________, towards North - by __________, and towards South - by ________......" SCHEDULE-C Specifications of Constructions for Apartment COMMON FACILITIES :- a) RCC Frame work structure of the buildings with external 6’’ AAC Block & internal 4’’ AAC Block incl. internally wall putty & externally sand face plaster. (SPECIFICATION FOR THE SAID ACCOMMODATION) TOILETS : a) Ceramic tile dado up to 7 ft. height. for bathroom & 7 ft. height for W/C. (Cost of tiles upto Rs.22/- to 25/- Per sq. ft.) b) R.C.C. Door frame with flush door. (Specification of RCC Door Frame) cost upto Rs. 2000/- to Rs. 2200/- c) Wash Basin d) Pastel colors/white sanitary ware e) Standard quality C.P. fitting. f) Single lever hot & cold mixer with overhead shower (cost upto Rs. 1500/-) g) Concealed plumbing. KITCHEN: a) Kitchen platform with black granite. b) Stainless steel kitchen single bowl sink.(Cost upto Rs. 800/- to 950/-) c) Ceramic tile dado up to lintel level above kitchen platform. (Cost of tile upto Rs. 20/- to 25/- per sq. ft.) UTILITY AREA: a) Washing arrangement with water line and drain. FLOORING: a) 2’ * 2’ ceramic tiles flooring (cost upto Rs. 25/- to 28/- per sq. ft.) b) Decorative 1’ * 1’ ceramic tiles for terraces (cost upto Rs. 20/- per sq. ft.) ELECTRICAL: a) Concealed high quality copper wiring with 1.00 sq. mm. & 1.5 & 2.5 sq. mm. wire of ISI mark material. ( 12 ) b) Ample light points with ISI mark modular switches. i.e. 3.5 point in each room. c) T.V. point in living. d) Power point in kitchen & toilet. DOORS & WINDOWS: a) Main door - Teakwood with laminated flush door & S.S. fixture & fitting (Cost upto Rs. 4100/- each) b) All other doors with R.C.C. frame & commercial flush door & S.S. fitting & fixture (Cost upto Rs. 2000/- each) c) Two track Alluminium window with M.S. Grill. (Cost upto Rs. 130/- to 150/- per sq. ft.) INTERNAL & EXTERNAL PAINT: a) Internal Wall having putty finishing (Standard Brand) b) External wall painted with cement paint. (Standard Color Brand) (LIST OF COMMON AMENITIES FOR THE SAID PROJECT & SHARED COMMON AMENITIES) a) Branded Lift/Elevator with lift room, lift well and elevator equipments for apartment building. (Cost of lift upto Rs. 5,00,000/- to 5,50,000/-) b) Light points outside the building and the staircase/s as well as those in the common parking space. c) Drainage and water line work. d) Water tank for the project along with water pump. e) Seismic-resistant design. f) Internal main door light, water supply lines, sewerage work & septic tank. NOTE: a) The aforesaid specifications are general and subject to change as per availability of the material. b) Any additional specification or work will be charged extra. No rebate will be given for cancellation or omission of any item which is agreed as aforesaid. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED AND EXECUTED THIS AGREEMENT FOR SALE OF APARTMENT ON THE DATE, MONTH & YEAR MENTIONED FIRST. Drafted By :- V. G. Lakhotia, Advocate Typed By :- Pankaj T. Agrawal ( 13 ) Purchaser / Allottee :- ID Proof / Number :- Aadhar - Passport Photo Thumb Signature Vendor / Promoter :- Avinashe Builders and Developers, through partner (i) Ganesh Uttamrao Avinashe ID Proof/Number :- Aadhar - 6266 4721 8207 Passport Photo Thumb Signature Vendor / Promoter :- Avinashe Builders and Developers, through partner (ii) Sau. Pratibha Ganesh Avinashe ID Proof/Number :- Aadhar - 4057 1941 2982 Passport Photo Thumb Signature Vendor / Promoter :- Avinashe Builders and Developers, through partner (iii) Aishwarya Ganesh Avinashe ID Proof/Number :- Aadhar - 4042 4850 2122 Passport Photo Thumb Signature ( 14 ) Vendor / Promoter :- Avinashe Builders and Developers, through partner (iv) Manas Ganesh Avinashe ID Proof/Number :- Aadhar - 7670 4303 2026 Passport Photo Thumb Signature Witness No. 1 ID Proof/No. Signature Witness No. 2 ID Proof/No. Signature ( 15 ) LIST OF ANNEXURES • ANNEXURE - A = Copy of the Certificate of the title issued by the advocate. • ANNEXURE - B = Copies of Property Record Card showing nature of the title of the Promoter to the said land. • ANNEXURE - C = Copy of Building Permission/ Commencement Certificate. • ANNEXURE - D = Copy of the plans approved by the concerned local/planning authority. • ANNEXURE - E = Copy of floor plan of the said building. • ANNEXURE - F = Authenticated copy of the Registration Certificate of the project granted by the Real Estate Regulatory Authority. DECLARATION The Allottee/s declare/s that he/she/they has/have read the agreement/got translated the same and fully understood the contents of the agreement and there after same have been executed by all parties. (ALLOTTEE/S) ________________