Mouje: Rahatgaon, Zone No., Survey No. 193/1 Govt. Rate: ------------------/- per sq.mt, Plot No.85/B/86/A Building Name: SHRI SAI RAGHUNANDAN ENCLAVE Flat No.---------------- Carpet area: ---------- sq.mt and Built-up area -------- sq.mt. AGREEMENT OF SALE Total Consideration Amount of Rs.-----------/- (Rs.----------- only) Agreement for sale Valued atRs.--------------/- (Rs.----------- only) Stamp Duty of Rs.----------------/- Registration Fee of Rs. ----------/- (Deed of declaration is registered on --------- at serial no. ------------- at Sub Registrar Office Amravati) (RERA Registration No.-------------, dt.------------------) ===================================================================== This agreement made at _____________ this _____ day of _________ in theyear 2020 BETWEEN – PARTY NO.1:- ShriYogiraj Buildersthrough its Partners. (PAN No.ADPFS1731E) 1. Ajay DilipraoMavade Age: 39 years, Occ.: Business 2. NileshDilipraoMavade Age: 37 years, Occ.: Business Both R/o Ashiyad Colony, Shegaon-Rahatgaon Road, Amravati-444604. Hereinafter called as the Owners /Vendors/ Promoter/S (which expression shall, unless repugnantto the context or meaning thereof, deemed to includehis/her heirs, legal representatives, executors, administrators, successors and assignees) ofONE PART AND PARTY NO.2:- _____________________________________, Age ___ years, Occupation: _________, R/o: ____________, (PAN No. -------------) 2 Hereinafter called as Allottee/ Purchaser(which expression shall unlessrepugnant to the context or meaning thereof, alwaysmean and include his/herheirs, legal representatives, executors, administrators, successors and assignees) of SECONDPART. WHEREAS the owner/promoter hereinabove named owns of Plot no.85/B/86/A admeasuring 316.20 sq.mt (3403.57Sq.ft)having survey no. 193/1 of Mouje- Rahatgaon, Pragane- NandgaonPeth, Tq.,Dist.- Amravatiby way of sale deed registered dated 21/12/2019reg. at serial no. 3911 from Sunil JudiyaramKamdar at the office of Jt Sub- Registrar Amravaticity-1 and more particularly described in the First schedule hereunder written(hereinafter referred to as “the said land”). WHEREAS the owner/promoterhas purchased the T.D.R. admeasuring 112.50 Sq.mt by virtue of the sale deed dated 06/01/2020reg. at serial no. 55 with sub-registrar Amravati city-2 from PushpabaiKamalkishorjiKarwa, Madhuri Dinesh Randad and MadhusudanKamalkishorjiKarwa. WHEREAS the Owner/Promoter named above is the absolute owner and in possession of the above mentioned Amalgamated Plot no.85/B/86/A admeasuring 316.20 sq.mt (3403.57Sq.ft)and name of Owner/Promoter is recorded in revenue record as owner thereof.AND WHEREAS the Owner/Promoter has commenced the construction a multistoried building known as “SHRI SAI RAGHUNANDAN ENCLAVE”on the said landin pursuance of the map sanctioned by the A.D.T.P., Municipal Corporation, Amravati as per order no. 0313 dated 15/02/2020thereon consisting of various self contained separate Apartments therein: AND WHEREAS the Owner/Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the same is the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings; AND WHEREAS the Owner/Promoter has registered the project under the provisions of the Act with the Real Estate Regulatory Authority vide regd. No.-------------------------dated --- ----------- authenticated copy is attached in Annexure; AND WHEREAS the Owner/Promoter has sole and exclusive right to sell the Apartments in the said building to be constructed by it on the said land and to enter into Agreement/s with the prospective Purchaser (S)/s of the Apartments to receive the sale consideration in respect thereof; AND 3 WHEREAS on demand from the Allottee/Purchaser, the Owner/Promoter hasgiven inspection to the allottee/purchaser of all the original documents of title relating to thesaid land, deed of declaration and the plans, map sanctioned by the A.D.T.P., Municipal Corporation, Amravati etcand as such other documents asare specified under the Real Estate (Regulation & Development) Act, 2016(hereinafter referred to as “the said Act”) and the Rules & Regulations madethereunder;AND WHEREAS the authenticated copies of certificate of title issued by theAdvocate of the Owner/Promoter, authenticated copies of village forms 6&2 / 7/12 extract/ Property Card showing the nature of the title of the Promoter to the said land on which theapartments are constructing or are to be constructed have been annexed hereto; AND WHEREAS, the authenticated copies of Specifications of the Apartment agreed to be purchased by the Purchaser have been annexed hereto; AND WHEREAS the Owner/Promoter have submitted the said project to the provisions of the Maharashtra Apartment Ownership Act, 1970 by executing the deed of declaration u/s 2 of the said Act and the same is registered in the office of the Jt. Sub-Registrar, Amravati at Sr. No. ------------ dated 16/03/2020. Thus the said project is governed by the provisions ofthe Maharashtra Apartment Ownership Act, 1970. Since the provisions of the Maharashtra Apartment Ownership Act, 1970 as well as the terms and conditions contained in the said Deed of Declaration and bye-laws appended thereto shall always remain binding upon the Allotee/Purchaser and his/her/ their successors in title; AND WHEREAS the Owner/Promoter has accordingly commenced construction ofthe said building/s in accordance with the said sanctioned building plans;AND WHEREAS upon satisfaction in all respects, the Allottee/Purchaser has agreed toPurchase and the Owner/Promoter has agreed to sell of an apartment/Flat/shop no.________ situated on _______ floor inthe building constructingon the said land and to be known and styled as“SHRI SAI RAGHUNANDAN ENCLAVE”;AND WHEREAS the parties relying on the confirmations, representationsand assurances of each other to faithfully abide by all the terms, conditions andstipulations contained in this agreement and all applicable laws, area now willing toenter into this agreement on the terms and conditions appearing hereinafter;AND NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBYAGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1.a (i)The Allottee/Purchaser hereby agrees to purchase from the Owner/Promoter and thePromoter hereby agrees to sell to the Allottee/Purchaser apartmentno._________ 4 having carpet area admeasuring _____________sq.meters on _______ floor in the building“SHRI SAI RAGHUNANDAN ENCLAVE”(hereinafter referred toas “the Apartment/flat”) as shown in the floor plan thereof hereto annexed for the total sale consideration ofRs.____________. The said consideration includes the proportionate price of thecommon areas and facilities appurtenant to the premises, the nature, extent anddescription of the common areas and facilities which are more particularly describedin the schedule annexed herewith, and excludes the charges of stamp duty, registration fee, GST and any Government, semi Government taxes, legal cost charges & expenses, share money, application, entrance fee of society, charges for formation & registration of society, deposit towards water and other utility and service connection charge, deposit of electrical receiving charges which the Allottee/Purchaser have to pay separately. The said consideration is fixed and calculated as per carpet area which is net usable floor area of saidApartment/flat, excluding the area covered by the external wall, area covered under service shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by internal partitionwalls of the said Apartment/flat. 1(b) The total aggregate consideration amount for the apartment including parking spaces is thus Rs.___________/-. 1(c) The Allottee/Purchaser has paid on or before execution of this agreement asum of Rs.___________ (Rupees __________________ only) (not exceeding 10% of total consideration) as earnestamountto the promoter/ owner as under; Amount (Rs.) Particulars Rs.---- (in words -----) the Owner/Promoter herby acknowledges the receipt of the same subject to realization of above said cheques/------. And hereby agreesto pay to that promoter the balance amount of Rs.________________ (Rupees________________________ only) in the following manner (As decided both parties):- Sr Particulars % of total Amount No. Amount (Rs.) 1. On or before completion of Plinth work 45 2. On or before completion of 1st slab 5 nd 3. On or before completion of 2 slab 5 rd 4. On or before completion of 3 slab 5 5 5. On or before completion of 4 thslab 10 6. On or before completion of Brick work 5 7. On or before completion of Plumbing work 5 6. On or before completion of finishing, 5 electric fitting, painting work 7. At the time of Possession of the flat to the 5 allotee or upon on receipt of completion/ occupancy Certificate or as mutually decided among the parties. 1(d) That, the total price of the apartment is of Rs._____________. Besides thecost of apartment, the Allottee/Purchaser has to pay the applicable all types of taxes/ charges to theOwner/Promoter separately simultaneously with the payment of each installment. 1(e) The total price is escalation free, save and except escalations/increases, due toincrease on account of development charges payable to the competent authorityand/or any other increase in charges which may be levied or imposed by thecompetent authority Local Bodes/Government from time to time. The Owner/Promoterundertakes and agrees that while raising a demand on the Allottee/Purchaser forincrease in development charges, cost or levies imposed by the competent authoritiesetc., the Owner/Promoter shall enclose the said notification/order/rule/regulationpublished/issued in that behalf to that effect along with the demand letter being issuedto the Allottee/Purchaser, which shall only be applicable on subsequent payments. 1(f) That during the period of building construction the Allotee/Purchaser may enter upon the said plot of land to inspect the plans, specifications and other things relating to building construction, with two days advance intimation and prior permission of the Owner/Promoter. 1(g) The Owner/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 6 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. 2.1 That the Owner/Promoter here by agrees to observe, perform and comply with all theterms, conditions, stipulation and restriction if any, which may have been imposedby the concerned local authority at the time of sanctioning the said plans or thereafterand shall, before handling over possession of the apartment to the Allottee/Purchaser,obtain from the concerned local authority occupancy and/or completion certificate inrespect of the apartment. 2.2 Time is essence for the Owner/Promoter as well as the Allottee/Purchaser. TheOwner/Promoter shall abide by the time schedule for completing the building and handingover the apartment to the Allottee/Purchaser and common areas to theassociation of the Allotee/Purchaser after receiving the occupancy certificate or the completioncertificate or both, as the case may be. Similarly, Allotee/Purchaser shall make timely paymentsof the installments and other dues payable by him/her and meeting the otherobligations under the agreements subjects to the simultaneous completion ofconstruction by the Owner/Promoter as provided in above para. 3 The allottee/purchaseragrees to pay to the Owner/Promoter, interest basic rate 18% per annum on all the delayedpayments which become due and payable by the allottee/purchaser to the promoterunder the terms of this agreements from the date the said amount is payable by theallottee/purchasers to the promoter 4 Without prejudice to the right of promoter to charge interest in terms ofabove para, on the allottee/purchaser committing default in payments on due date ofany amount due and payable by the allottee/purchaser to the promoter under thisagreement and on the allottee/purchaser committing three defaults of paymentsinstallments, the promoter shall at his own option, terminate this agreement. Provided that, promoter shall give notice of fifteen days in writing to theallottee/purchaser, registered post AD at the address provided by theallottee/purchaser and mail at e-mail address provided by the allottee/purchaser, ofhis intention to be terminated this agreement and of the specific breach of terms andcondition in respect of which it is intended to be terminated the agreement. If theallottee/purchaser fails to rectify the breach or breaches mentioned by the promoterwith in the period of notice then at the end of such notice period, promoter shall beentitled to terminate this agreement and he can recover liquidated damages fromallottee/purchaser. 7 Provided further that upon termination of this agreement asaforesaid, the promoter shall be liable only for the refund 70% amount to the allottee/purchaser by deducting theamount of liquidated damages, which may be payable to promoter with in a period ofthirty days of the termination. 5. The Owner/Promoter shall give possession of the apartment to theallottee/purchaser on or before 31/03/2024. If the promoter fails or neglectsto give possession of the apartments, then the promoter shall be liable on demand to refund to the allottee/purchaser the amounts already received by him inrespects of the apartment with interest at the same rate as may mentioned in the rulesform the date promoter received the sum till the date the amounts and simple interest thereon is repaid. Provided further that the Owner/Promotershall not deliver the actual physical possession of the said Apartment to the Allotee/Purchaser until the entire Consideration and also the charges for installation of Electric and Water Meters, Legal Expenses, Stamp Duty and Registration Fees and GST, etc. are paid by the Purchaser in full to the Vendor/Developer/Promoter hereto. Provided that the Owner/Promoter shall be entitled to reasonable extension of timefor giving delivery of apartments on afore said date, if the completion of building inwhich the apartments is to be situated is delayed on account of;(1) War, civil commotion or act of God.(2) Any notice, order, rule, notifications of the governments and/or other publicor competent authority/court. (3) Delay in obtaining Government Statutory permissions and compliances therefore including Occupancy Certificate/Completion Certificate. 6. The Owner/Promoter, upon obtaining theoccupancy certificate from the competent authority and the payments made by theAllottee/Purchaser as per the agreement shall offer in writing the possession ofApartment, to the Allottee/Purchaser, in terms of this agreements to be takenwithin Three months from the date of issue of such notice and the Owner/Promoter shallgive possession of the apartment to the allottee/purchaser. The Owner/Promoter agreesand undertakes to indemnify the allottee/purchaser in case of failure fulfillment ofany of the provisions, formalities, documentation on part of the Owner/Promoter. Theallottee/purchaser agrees to pay the common maintenance charges as determined by the Owner/Promoter or association of allottee/purchaser, as the case may be. 7. Uponreceiving a written intimation from the Owner/Promoter as per aforementioned clause, theAllottee/Purchaser shall take possession of the apartment from the Owner/Promoter byexecuting necessary indemnities, undertakings and conveyance deed 8 as both parties decided mutually and the Promoter shall give possession of theApartmentto the allottee/purchaser. In case the Allottee/purchaser fails to takepossession within the time provided in above clause, such Allottee/purchaser shallcontinue to be liable to pay common maintenance charges as applicable. 9. THAT the Owner/Promoter does hereby agree with the Alottee/Purchaser that on receipt of the balance sale price and also upon the payment of Electricity and Water Meter deposits, payment of Legal charges including Stamp Duty and Registration Fees, payment of all other Taxes and Cesses that may be levied and payable at the time of Registration from Purchaser, the Owner/Promoter will execute a proper Sale Deed relating to the Undivided share and interest in the said Plots of land and also the entire R.C.C. Superstructure comprising Apartment hereby agreed to be sold in favour of the Purchaser or the nominee(s) appointed by the Purchaser and get the same duly registered at the costs of Purchaser in accordance with the law in force provided the Purchaser shall have also paid the entire agreed cost of construction of the Apartment chosen by the Purchaser to the Owner/Promoter. 10. THAT on obtaining the proper Sale Deed relating to the Undivided share and interest in the said Plots of land hereby agreed to be sold, the same will be held by the Allotee/Purchaser jointly with the other Co-owners thereof. However the Apartment chosen by Purchaser in the proposed multistoried building shall be owned and possessed by the Purchaser exclusively with heritable and transferable rights therein. The common areas and facilities shall vest with the Association of the Apartment Owners for the purpose of maintenance. 11. If within a period of five years from the date of handing over the Apartment to the Allottee/purchaser or date occupancy certificate which is earlier, 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. Provided however, that the Allottee/purchaser shall not carry out any alterations of the whatsoever nature in the said Apartment and in specific the structure 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/purchaser/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the 9 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/ Owner, 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/ Owner, 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. That it shall be the responsibility of the Allottee/purchaser 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/Flatare regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the Promoter/ Owner to the Allottee/purchaser ends before the defects liability period and such warranties are covered under the maintenance of the said building, and if the annual maintenance contracts are not done/renewed by the Allottee/purchaser, the Promoter/ Owner shall not be responsible for any defects occurring due to the same. 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. That the Allottee/purchaserhas been made aware and that the Allottee/purchaser 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. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/purchaser 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. 12. The Allottee/purchaser shall use the Apartment or any part there of or permitthe same to be used only for purpose of residence.The Allottee/purchaser shall use the parking space only for purpose of keeping or parking vehicle. 10 13. REPRESENTATIONS AND WARRANTIES OF THE OWNER/PROMOTER The Owner/Promoter here by represents and warrants to the allottee/purchaser asfollows: i) The promoter has clear and marketable title with respect to the projectland; a declared in the title report an annexed to this agreement and has the requisiterights to carry out development upon the project land and also has actual, physicaland legal possession of the project land for the implementation of the project; ii) The Owner/Promoter has lawful rights and requisite approvals from the competentauthorities to carry out development of the projects and shall obtain requisiteapprovals from time to time to complete the development of project; iii) There are no encumbrances upon the project land or the project except thosedisclosed in title report; iv) There are no litigations pending before any court of law with respect to theproject land or project expects those disclosed in the title report; v) All approvals, licenses and permits issued by the competent authorities withrespect to the project, project land and said building/wing are valid and subsistingand 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 theproject, project land and said building shall be obtained by following dueprocess of law and the Owner/Promoter has been and shall, at all times, remain to be incompliance with all applicable laws in relation to the Project, project land,Building and common areas; vi) The Owner/Promoter has the right to enter into this Agreement and has notcommitted or omitted to perform any act or thing, whereby the right, title and interestof the Allottee/purchaser herein, may prejudicially be affected; vii) The Owner/Promoter has not entered into any agreement for sale and/or developmentor any other agreement/arrangement with any person or party with respect to theproject land, including the Project and the said [apartment/flat] which will, in anymanner, affect the rights of Allottee/purchaser under this Agreement; viii) The Promoter confirms that the Promoter is not restricted in any mannerwhatsoever from selling the said apartment to the Allottee/purchaser in themanner contemplated in this Agreement; ix) At the time of execution of the conveyance/Sale deed of the Apartment in favor of allottee/purchaser, the Promoter shall handover lawful, vacant,peaceful, physical 11 possession of the common areas of the structure to the Associationof the Allottee/purchasers; 14. The Allottee/purchaser/s or himself/themselves with intention to bring allpersons into whosoever hands the Apartment may come, hereby covenants with theOwner/Promoter as follows: i) To maintain the Apartment at the Allottee/purchaser’s own cost in good andtenantable repair and condition from the date of possession of the Apartment is takenand shall not do or suffer to be done anything in or to the building in which theApartment is situated which may be against the rules, regulations or bye-laws orchange/alter or make addition in or to the building in which the Apartment is situatedand the Apartment itself or any part thereof without the consent of the localauthorities, if required. ii) Not to store in the Apartment any goods which are of hazardous, combustibleor dangerous nature or are so heavy as to damage the construction or structure of thebuilding in which the Apartment is situated or storing of which goods is objected toby the concerned local or other authority and shall take care while carrying heavypackages which may damage or likely to damage the staircases, common passagesor any other structure of the building in which the Apartment is situated, includingentrances of the building in which the apartment is situated and in case any damageis caused to the building in which the apartment is situated or the apartment onaccount of negligence or default of the Allottee/purchaser in this behalf, theAllottee/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 andmaintain the Apartment in the same condition, state and order in which it wasdelivered by the Promoter to the allottee/purchaser and shall not do or suffer to bedone anything in or to the building in which the Apartment is situated or theApartment which may be contrary to the rules and regulations and bye-laws of theconcerned local authority or other public authority. In the event of theAllottee/purchaser committing any act in contravention of the above provision, theallottee/purchaser shall be responsible and liable for the consequences thereof to theconcerned 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 whatevernature in or to the Apartment or any part thereof, nor any alteration in the elevationand outside colour scheme of the building in which the Apartment is situated andshall 12 keep the portion, sewers, drains and pipes in the apartment and theappurtenances thereto in good tenantable repair and condition, and in particular, soas to support shelter and protect the other parts of the building in which theApartment is situated and shall not chisel or in any other manner cause damage tocolumns, beams, walls, slabs or RCC, Pardis or other structural members in theApartment without the prior written permission of the Owner/Promoter and/or the association of the apartment’s owner. v) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same tobe thrown from the said Apartment in the compound or any portion of the projectland and the building in which the Apartment is situated. vi) 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. vii) Pay to the Owner/Promoter within fifteen days of demand by the Owner/Promoter, his shareof security deposit demanded by the concerned local authority or Government orgiving water, electricity or any other service connection to the building in which theApartment is situated. viii) To bear and pay increase in local taxes, water charges, insurance and suchother levies, if any, which are imposed by the concerned local authority and/orGovernment and/or other public authority, on account of change of user of theApartment by the allottee/purchaser for any purposes other than for purpose forwhich it is sold. viii) The allottee/purchaser shall not let, sub-let, transfer, assign or part withinterest or benefit factor of this agreement or part with the possession of theApartment until all the dues payable by the Allottee/purchaser to the Owner/Promoter underthis Agreement are fully paid up. 15. After the Owner/Promoter executes this Agreement it shall not mortgage or create a charge on the Apartment and if any such mortgage or charge is made or created by it 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 Purchaser who has taken or agreed to take such Apartment. 16. This Agreement may only be amended through writtenconsent of the Parties. 17. It isclearly understood and so agreed by and between the Parties hereto that all theprovisions contained herein and the obligations arising hereunder in respect of 13 theProject shall equally be applicable to and enforceable against any subsequentallottee/purchasers of the Apartment, in case of a transfer, as the saidobligations go along with the apartment for all intents and purposes. 18. If any provision of this Agreement shall be determined tobe void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall bedeemed amended or deleted in so far as reasonably inconsistent with the purpose ofthis Agreement and extent necessary to conform to Act or the Rules and Regulationsmade there under or the applicable law, as the case may be, and the remainingprovisions of this agreement shall remain valid and enforceable as applicable at thetime of execution of this agreement. 19. The execution of this Agreement shall be complete only upon its execution by the Owner/Promoter through its authorized signatory at the Owner/Promoter’s Office, or at some other place, which may be mutually agreed between the Owner/Promoter and the Purchaser, in Amravati.After the Agreement is duly executed by the Purchaser and the Owner/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 Amravati. 20. The Allottee/purchaser and/or Promoter shall present this Agreement as wellas the Sale/conveyance deed at the proper registration office of registration within the timelimit prescribed by the Registration Act and the Promoter will attend such office andadmit execution thereof. 21. That all notices to be served on the Allottee/purchaser and the Promoter ascontemplated by this Agreement shall be deemed to have duly served if sent to theAllottee/purchaser or the Promoter by Registered Post A.D and notified EmailID/Under Certificate of Posting at their respective addresses specified below: ____________________ Name of Allottee/purchaser _____________________(Allottee/purchaser’s Address) Notified Email ID:____________ AND (OWNER/PROMOTER) Yogiraj Builders through its Partners. 1. Ajay DilipraoMavade 2. NileshDilipraoMavade Both R/o Ashiyad Colony, Shegaon-Rahatgaon Road,Amravati-444604. Notified Email ID: --------------- 14 It shall be the duty of the Allottee/purchaser and the Owner/Promoter to inform eachother of any change in address subsequent to the execution of this agreement in theabove address by registered post failing which all communications and letters postedat the above address shall be deemed to have been received by the promoter or theAllottee/purchaser, as the case may be. 22. That in case there are joint allottee/purchasers, allcommunications shall be sent by the Owner/Promoter to the allottee/purchaser whose nameappears first and at the address given by him/her which shall for all intents andpurposes to consider as properly served on all the allottee/purchasers. 23. That all the expenses with respect to the preparation of this agreement, sale deed and all other concerned deeds, affidavits, no objection certificate, drafting charges, printing charges, etc. together with the cost of stamp duty and registration fees and all other charges and misc. expenses payable including lawyer’s fees payable in respect thereof have been agreed to be borne and paid by allottee/purchasers. 24. Any dispute between parties shall be settledamicably. In case of failure to settle the dispute amicably, which shall be referred tothe concerned Authority as per the provisions of the Real Estate (Regulation &Development) Act, 2016, Rules and Regulations, thereunder. 25. That the rights and obligations of the parties under orarising out of this agreement shall be construed and enforced in accordance with thelaws for the time being in force and the Amravati Court will have thejurisdiction for this agreement. FIRST SCHEDULE (Description of Plot & TDR rights) 1. “All that piece and parcel of the land total admeasuring 316.20 sq.mt (3403.57Sq.ft) being the amalgamatedPlot no.85/B/86/Ahaving survey no. 193/1 of Mouje- Rahatgaon, Pragane- NandgaonPeth, Tq.,Dist.- Amravati, which was converted into layout (for residential use) as per order dated 24/07/2012 in Rev. Case No.NAP-34/Rahatgaon- 170/2011-12 and sanctioned & approval for amalgamation from town planning Department, Amravati Municipal Corporation as permit No. AMC/ADTP/AMA-0168/2019 dated 27/09/2019 and the same is duly permitted by Hon’bleTahsildaras per order dated 22/11/2019 in Rev. Case No.NAP-34/Rahatgaon-49/2019-2020situated at area known as “Mitrangan Residency Park” and within the limits of Amravati Municipal Corporation and within the jurisdiction of Jt. Sub-Registrar, Amravati City, which is bounded as under:- Towards East - amalgamated Plot No. 85/A/84/B Towards West - Plot No. 86B 15 Towards North - Plot No. 90A & 90B Towards South - Layout Road 2. WHEREAS the owner/promoter has purchased the T.D.R. admeasuring 112.50 Sq.mt by virtue of the sale deed dated 06/01/2020reg. at serial no. 55 with sub-registrar Amravati city-2 from PushpabaiKamalkishorjiKarwa, Madhuri Dinesh Randad and MadhusudanKamalkishorjiKarwa. SECOND SCHEDULE (Description of Flat/ Apartment) This is an apartment together with all R.C.C. structures comprising of apartment / Flat in a building known as “SHRI SAI RAGHUNANDAN ENCLAVE”bearing apartment/ flat no. -----------on------------- floor having Carpet area ----------- sq.mt and built up area about -------- ------sq.mt. This apartment/ Flat has ------------% of undivided share and interest in the said plot of land, the said apartment/flat consists of ------------ Bedroom, Hall, kitchen, toilet and balcony and the said flat bounded as below. On or towards East : -------- On or towards West : -------- On or towards North : ------- On or towards South : ---------- THIRDSCHEDULE (Specification of Apartment) 1. Structure: R.C.C. framed earthquake resistant structure with reinforcement. 2. Walls: External Wall 6.5” thick and inner walls 4.5” thick of red brick walls. 3. Flooring: 24” x 48” vitrified tiles flooring for all rooms. And Decorative tiles in lobbies and staircase, Granite for window sills. 4. Plaster: 12 mm thick internal smooth cement Plaster & 20 mm thick external Plaster with appropriate elevation treatment. 5. Bathroom: Aesthetically designed with Jaguar or equivalent fittings. 6. Kitchen: Modular Kitchen with Granite top with Dado tiles up to lintel level. Provision of stainless steel sinks. Provisions of point of Chimney, Microwave & refrigerator. 7. Electrification: Concealed ISI mark wiring with ample number of electrical points with Modular Switches. Concealed TV, DTH cable and telephone points in drawing 16 room and one bedroom are provided. One washing machine point in utility is provided and Additional wiring for inverter. 8. False Ceiling: POP ceiling in drawing, dining and bedroom with LED lights. Also POP ceiling in Balconies and lobbies. 9. Door: Main Door in teakwood frame with veneer face 40 mm shutter. Internal doors in laminated plywood wrap up frame with laminate face 36 mm thick flush door. 10. Windows: Granite sills, MS grill and fully glazed with powder coated Aluminum sliding windows with tinted glass and Mosquito net. 11. Paint: External wall – Exterior emulsion whether shield, All internals walls – Acrylic emulsion with Birla white or equivalent putty. Asian / Dulux Paint water proof. 12. Balcony Railing: Stainless steel railing with toughened glass to balconies of each flat. 13. FOR SHOPS: Shop are provide with mild steel rolling shutter with vitrified floor tiles 24” x 48” will provided with ample electric points. LIST OF COMMON AMENITIES FOR THE SAID PROJECT & SHARED COMMON AMENTIES: a) Piece and parcel of the land described in first paragraph of this deed. b) Portion of the ground floor as shown in the sanctioned map, to be used as parking place of the flat / apartment/ shop owners. c) Compound wall and Iron Grill gate d) Stairway. e) One overhead water tank of water supply and sewerage board. f) Electric wiring throughout common areas and facilities. g) Bore well and electric pump set install for pumping water to overhead tank and the grantor was not responsible or liable for dry bore as per natural consequences. h) Necessary electric point and water connection in the common areas and facilities. i) Plumbing Network throughout the building j) Foundation, main walls, column roof of building shown in “Exhibit –A” excepting the terrace of the building. k) Lift/Elevator with lift room, lift well and elevator equipment to be fixed at the space provided only for the flat owners. l) CCTV camera at main gate, entrance lobby and parking area of the building. Note: 17 a) Common areas and facilities, restricted area and obligations, parking facility as per deed of declaration. b) The aforesaid specifications are general and subject to change as per availability of the material. c) 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 named above have executed this Agreement to sale after having read the contents and they have understood the contents and admit them to be true and correct and binding on them as well as their legal heirs and any one claiming through or under them with full force and effect, have set their hands to this agreement in our presence at Amravati in the presence of attesting witness, signing as such on the day first above written. PARTY OF THE FIRST PART(OWNER/PROMOTER / VENDOR) 1. ShriYogiraj Builders through its Partner Ajay DilipraoMavade, Photo Thumb Impression Signature 2. ShriYogiraj Builders through its Partner NileshDilipraoMavade Photo Thumb Impression Signature PARTY OF THE SECOND PART(Purchaser / S) ------------------------- Photo Thumb Impression Signature 18 WITNESS:- 1. _______________________ 2. _______________________ ANNEXTURE “A” Title Report. ANNEXTURE “B” (Authenticated copies of property card or extract village forms VI or VII and XII orany other revenue record showing nature of the title of the promoter to the projectland) ANNEXURE “C-1” (Authenticated copies of the plans of the layout as approved by the concernedlocalauthority) ANNEXURE “C-2” (Authenticated copies of the Building plans as proposed by the Promoter Confirming Party and according to which the construction of the buildings) ANNEXURE “D” (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Purchaser as approved by the concerned local authority) ANNEXURE “E” (Authenticated copy of the registration certificate of the project granted by the RealEstate Regulatory Authority) NOTE: it is submitted that the said draft of agreement to sale is prepared as per RERA ACT. But the said Draft will modified or altered or amend as per requirement of Purchaser and after any changes by sanction the building plans, any future development, any TDR rights purchasing and also Future extra FSI consumed and the said modification, alteration or amendment will be done as per provisions, rules and Regulations of RERA Act. -------------------------------------------------------------------------------------------------------