AGREEMENT OF SALE ( Market value Rs. ____________/-) (Valuation Column No. _______, rate per sq. meter Rs. ___________) (Valuation as per ready reckoner Rs. ___________) (Deed of declaration Regd. on 24/09/2018 at serial no.2422/2018) (Stamp duty Rs._____________) ************************************************ This AGREEMENT OF SALE is executed at Amravati on this ___ Day of _______, 2018. BETWEEN Darshan Builders – PAN No. ABEPK0148A By its sole proprietor Darshan Shrikisan Kalantri Age 42 years, Occu. – Business, R/o. Pannalal Nagar, Amravati, Tq. & Dist. Amravati hereinafter called as the “PROMOTER” (which expression shall deem to include his heirs, successors, executors, administrators and assigns) of the ONE PART. AND __________________________________ PAN No.____________________________ Aged ____ years, Occu. – _____________ R/o. ______________________________ Dist. ______________________________ hereinafter called as the “ALLOTTEE” (which expression shall deem to include his/her heirs, successors, executors, administrators and assigns) of the OTHER PART. WHEREAS, the promoter became the owner of the land comprising of piece and parcel of the land bearing layout plot No.1 admeasuring 2008.72 sq.mt. (21621.86 sq.ft.), from out of the 0 H. 55 R of the land bearing Field Survey No. 60/2-B of Mouje Peth Amravati, Pragane Badnera, Tq. & Dist. Amravati, by virtue of sale deed executed by Priya d/o. Pravin Maloo and Purva d/o. Pravin Maloo, both R/o. Ambapeth, Amravati in favour of the promoter vide sale deed dated 28.05.2018 2 registered in the office of Sub-Registrar Amravati City No.1, at document no.1942/2018 and the said land is fully described at Sr.No.(i) in the First Schedule (hereinafter referred to as “the Project Land”). AND WHEREAS by virtue of the sale deed executed by previous owners Smt. Padma Sanjay Zanwar, Abhishek Sanjay Zanwar & Abhinav Sanjay Zanwar, all R/o. Inside Jawahar Gate, Amravati in favour of the promoter vide sale deed dated 22.02.2018 registered at Sr. No. 454/2018 with the Sub-Registrar Amravati City No.3, the promoter became the owner of the TDR Rights described at Sr.No. (ii) in the First Schedule and hereinafter referred to as the “said T.D.R. Right”. AND WHEREAS by virtue of the sale deed executed by previous owner Orbit Trecon Pvt. Ltd. through Director Vikas Surendra Kejariwal in favour of the promoter vide sale deed dated 14.03.2013 registered at Sr. No. 735/2013 with the Sub-Registrar Amravati City No.2, the promoter became the owner of the TDR Rights described at Sr.No. (iii) in the First Schedule and hereinafter referred to as the “said T.D.R. Right”. AND WHEREAS, as per the title deed referred to above in favour of the promoter, there is no covenant affecting the project land or the title of the promoter thereon and there is no tenant or illegal encroachment into or upon the project land and no further permission is required from any government or authority for using the project land for the construction of the project hereinafter mentioned and the promoter has not mortgage the project land and has not created any lien or charge upon the project land. AND WHEREAS the promoter is entitled and enjoined upon to construct the building on the project land in accordance with the recitals hereinbefore. AND WHEREAS the promoter is in possession of the project land. AND WHEREAS, the Promoter abovenamed proposed to construct on the project land described in the First Schedule, a Multi- Storied building consisting of shops and separate self contained Residential Apartments therein and the promoter has chosen to name the said building as “DEVISHA PEARL”. AND WHEREAS the Allottee is offered a Shop/Apartment bearing number ________ situated on the _______ floor (herein after referred to as the said "Shop/Apartment") of the Building called 3 “DEVISHA PEARL” (herein after referred to as the said "Building") being constructed by Promoter on the project land. AND WHEREAS the Promoter has entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the Agreement prescribed by the Council of Architects. AND WHEREAS the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at Mumbai vide Registration No. P50300018053 dated 10.10.2018 and the copy of registration certificate is attached at Annexure 'F'; AND WHEREAS the Promoter has appointed a structural Engineer for preparation of the structural design and drawings of the building and Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building. AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee, of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Messrs Satish Vitthalrao Deshmukh and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of extract of Record of Rights showing the nature of the title of the Promoter to the project land on which the Apartments are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-l. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the building and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2. AND WHEREAS the building plan of the building “DEVISHA PEARL”, was sanctioned by Amravati Municipal Corporation, vide 4 Building Permit no. 0190 dated 14.08.2018 by taking into consideration the Floor Space Index of the project land as well as the Floor Space Index on the basis of the T.D.R. Rights described at Sr.No.(ii) & (iii) of the First Schedule hereto and the copy of the said sanctioned building plan and specification is annexed hereto and marked as Annexure-D. AND WHEREAS the promoter had executed a DEED OF DECLARATION under section 2 of the Maharashtra Apartment Ownership Act, 1970 on 24/09/2018, registered at serial no. 2422/2018 with the Sub-Registrar Amravati City No.3, and thereby submitted the said land and the building being constructed thereon to the provisions of Maharashtra Apartment Ownership Act, 1970. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority (s) to the plans, the specifications, elevations, sections of the said building shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building in accordance with the said plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of Shop/Apartment No.______ situated on the _______ Floor of the building “DEVISHA PEARL” being constructed on the said project land. AND WHEREAS the carpet area of the said Apartment is ______ square meters and "carpet area" means the net usable floor area of the said Apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony and open terrace appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the said Apartment. 5 AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS prior to the execution of these presents the Allottee has paid to the Promoter, a sum of Rs..................../- (Rupees ................) only being part payment of the sale consideration of the said Shop/Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof me Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act 2016 with the Real Estate Regulatory Authority at Sr.No. P50300018053. AND WHEREAS under Section 13 of the said Act the Promoter is required to execute a written Agreement for sale of the said Shop/Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement as mutually agreed upon by and between the Parties, the Promoter agrees to sell and the Allottee hereby agrees to purchase the said Shop/Apartment bearing No._______ situated on the ___________ Floor of the building “DEVISHA PEARL”. NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building consisting of Ground and Six Upper Floors on the said project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Shop/Apartment of the Allottee except any alteration or addition required by any local authorities or due to change in law. l.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee, Shop/Apartment No. 6 _____ having the carpet area admeasuring ______ sq. meters and the having the balconies admeasuring _____ sq. meters and the appurtenant open terrace admeasuring _____ sq. meters and situated on the _______ Floor of the building “DEVISHA PEARL” (hereinafter referred to as "the Shop/ Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexure C-l & C-2 and together with _____% undivided share in the project land and other common areas and facilities of the building, for the consideration of Rs. _________/- (Rs. ________ only) including the price of the common areas and facilities appurtenant to the premises, the nature extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. l(b) The total aggregate consideration amount for the said Shop/Apartment including covered parking space if any provided as per the sanctioned building plan and the Deed of Declaration referred to above, is thus Rs. _________/- (Rs. ________ only). l(c) The Allottee has paid on or before execution of this agreement of sale, a sum of Rs. _________/- (Rs. ________ only) as advance payment or application fee as per the details given herein below. MANNER OF PAYMENT OF ADVANCE PAYMENT i) Rs. ________/- by cheque no. _______ drawn on ________ Bank Ltd. received by promoter on _________. ii) Rs. ________/- by cheque no. _______ drawn on ________ Bank Ltd. received by promoter on _________. iii) Rs. ________/- by RTGS through ________ Bank Ltd. vide transaction No. ___________ dated ____________. The allottee hereby agrees to pay to the Promoter, the balance amount of Rs. _________/- (Rs. ________ only) in the following manner :- Sr.No. Particulars % of total Amount amount (Rs.) 1 Within 8 days from agreement to sale 10% 2 On completion of plinth 15% 3 On completion of Third slab 15% 4 On completion of Fifth slab 10% 5 On completion of Seventh slab 10% 6 On completion of walls, internal plaster, 5% flooring on the said apartment 7 On completion of sanitary fittings, 5% staircases, lift wells, lobbies upto floor levies, door and windows of the said apartment 8 On completion of external plumbing, 5% external finishing, elevation, terraces 7 with water proofing of the building 9 On completion of lifts, water pumps, 10% electrical fittings, electro mechanical and other equipment requirements, entrance, paving of areas appertain and all other requirement as may be prescribed in the agreement of sale of the building in which the said apartment is located 10 At the time of handing over possession 5% of the apartment to the allottee or on receipt of completion certificate whichever is earlier. 1(d) The total price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of GST or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the said Shop/Apartment. At present GST is at 12%, the Allottee shall pay the amount of GST to the Promoter. The promoter shall pass on the benefit of I.T.C to the Allottee as per the CGST/SGST Act, 2017. All other Taxes shall be separately payable by the Allottee. l(e) The total price is escalation-free, save and except escalations, increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/ Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification, order, rule, regulation published, issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. l(f) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the 8 carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause l(a) of this Agreement. l(g) The Allottee authorizes the Promoter to adjust appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its' sole discretion deem fit and the Allottee undertakes not to object, demand, direct the Promoter to adjust his payments in any manner. 2.1 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the said Shop/Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the said Shop/Apartment. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the said Shop/Apartment to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1(c) herein above. ("Payment Plan"). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is _______ square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by it on the project land in the said Project and Allottee has agreed to purchase the said Shop/Apartment based on the proposed construction and sale of the said Shop/Apartment to be carried out by the 9 Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the said Shop/Apartment to the Allottee the Promoter agrees to pay to the Allottee who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of installments, the Promoter shall at its own option, may terminate this Agreement: Provided that the promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of its intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the said Shop/Apartment as are set out in Annexure 'E' annexed hereto. 10 6. The Promoter shall give possession of the said Shop/Apartment to the Allottee on or before ______ day of _________. If the Promoter fails or neglects to give possession of the said Shop/Apartment to the Allottee on account of reasons beyond its control and of its agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the said Shop/Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of the said Shop/Apartment on the aforesaid date, if the completion of building in which the said Shop/Apartment is to be situated is delayed on account of - (i) war, civil commotion or act of God ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession — The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the said Shop/Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the said Shop/Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the said Shop/Apartment within 15 days of the written notice from the promotor to the Allottee intimating that the said Shop/Apartment is ready for use and occupancy: 7.3 Failure of Allottee to take Possession of Shop/ Apartment : Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the said Shop/Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter 11 shall give possession of the said Shop/Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the said Shop/Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the said Shop/Apartment or the building in which the said Shop/Apartment is 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 shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee shall use the said Shop/Apartment or any part thereof or permit the same to be used only for purpose permitted under the law. The Allottee of the apartment shall use the parking space only for purpose of keeping or parking vehicle. However, the allottee of the shop shall not be entitled to park any vehicle in the covered parking space or the parking space in the marginal land on the Eastern, Southern and Western side of the building. 9. The Allottee along with other allottee(s) of the said Shop/Apartment in the building shall join in forming and registering the Association or a to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Association and for becoming a member, including the byelaws of the proposed Association and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organization of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws. 10.1 Within 15 days after notice in writing is given by the Promoter to the Allottee that the said Shop/Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the said Shop/Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority 12 and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building. The allottee of the apartment shall also deposit with the Association of the Apartments, a sum of Rs.1,00,000/- and the allottee of the shop shall deposit with the Association of the Apartments, a sum of Rs.25,000/-, by way of advance maintenance charges which shall be deposited by the Association with the bank and the interest accrued thereon shall be utilized for the maintenance charges. If there would be any deficit then the allottee of the apartment or the shop as the case may be, shall be liable to pay the deficit amount in addition to the amount of interest that would be received by the Association by investing the said amount of Rs.1,00,000/- or Rs.25,000/- as the case may be. 11. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts : (i) Rs.1,000/- for share money of the Association. (ii) Rs.2,000/- for formation and registration of the Association. (iii) Requisite amount for proportionate share of taxes and other charges/ levies in respect of the Association. (iv) Requisite amount for deposit towards Water, Electric, and other utility and services connection charges. 12. The Allottee shall pay to the Promoter a sum of Rs.5,000/- for meeting all legal costs charges and expenses including professional costs of the Attorney at Law/Advocates of the Promoter in connection with formation of the Association and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. 13. At the time of registration of conveyance deed of the structure of the building, the Allottee shall pay to the Promoter, the amount of stamp duty and registration charges payable on such conveyance or any document or instrument of transfer in respect of the structure of the said Building. 14. Representations and Warranties of the Promoter—The Promoter hereby represents and warrants to the Allottee as follows: (i) The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development 13 upon the project land and also has actual/physical and legal possession of the project land for the implementation of the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; (iii) There are no encumbrances upon the project land or the Project except those disclosed in the title report; (iv) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project/ project land and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project/ project land and said building shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project/project land, Building and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement, arrangement with any person or party with respect to the project land, including the Project and the said Shop/Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Shop/Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; (x) The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other 14 monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 15. The Allottee/s for himself/themselves with intention to bring all persons into whomsoever hands the Shop/Apartment may come, hereby covenants with the Promoter as follows :- (i) To maintain the Shop/Apartment at the Allottee's own cost in good and tenantable repair and condition from the date the possession of the said Shop/Apartment is taken and shall not do or suffer to be done anything in or to the building in which the said Shop/Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the said Shop/Apartment is situated and the said Shop/Apartment itself or any part thereof without the consent of the local authorities, if required and shall not make any construction in the terrace or the balcony attached to the apartment and shall not enclose the terrace or balcony attached to the apartment. (ii) Not to store in the said Shop/Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the said Shop/Apartment is situated or storing of which goods is objected to by the concerned local or other authority and not to store any furniture, shoe rack or any goods whatsoever in the passage or lobbies of the building or in front of the shops and not to erect or otherwise hang any shed of any nature whatsoever in front of the shops and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the said Shop/Apartment is situated, including entrances of the building in which the said Shop/Apartment is situated and in case any damage is caused to the building in which the said Shop/Apartment is 15 situated or the said Shop/Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. (iii) To carry out at his own cost all internal repairs to the said Shop/ Apartment and maintain the Shop Apartment in the same condition or state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the said Shop/Apartment is situated or the said Shop/Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. (iv) Not to demolish or cause to be demolished the said Shop/ Apartment or any part thereof/nor at any time make or cause to be made any addition or alteration of whatever nature in or to the said Shop/Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the said Shop/Apartment is situated and shall keep the portion, sewers, drains and pipes in the said Shop/Apartment and the appurtenances thereto in good tenantable repair and condition and in particular, so as to support shelter and protect the other parts of the building in which the said Shop/Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the said Shop/Apartment without the prior written permission of the Promoter and/or the Association. (v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the said Shop/Apartment is situated or any part thereof or whereby any increased premium, shall become payable in respect of the insurance. (vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Shop/Apartment in the compound or any portion of the project land and the building in which the said Shop/Apartment is situated. 16 (vii) Not to do the business of selling of crackers, wine, alcohol, beer, any other intoxicating substance or non-vegetarian eatables or pan shop etc. in any of the shop. (viii) The owner/occupier of the shop or any person visiting to such shop shall not park his or her vehicle in the parking area of the building i.e. below the structure of the building or in the open parking in the marginal spaces of the building except the open space in front of the shop. (ix) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the said Shop/ Apartment is situated. (x) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the said Shop/Apartment by the Allottee for any purposes other than for purpose for which it is sold. (xi) The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the said Shop/Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. (xii) The Allottee shall observe and perform all the rules and regulation which the Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the said Shop/Apartment therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Association regarding the occupancy and use of the said Shop/Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. (xiii) Till the conveyance of the structure of the building in which the said Shop/Apartment is situated is executed in favour of Allottee, the 17 Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. (xiv) Till a conveyance of the project land on which the building in which the said Shop/Apartment is situated is executed in favour of Association, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 16. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Association or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 17. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Shop/Apartment or the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the said Shop/Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Association or other body and until the project land is transferred to the Association as hereinbefore mentioned. 18. Promoter shall not mortgage or create a charge — After the Promoter executes this Agreement he shall not mortgage or create a charge on the said Shop/Apartment and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such said Shop/Apartment. 19. Binding Effect — Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the 18 Promoter. If the Allottee(s) fails to execute and deliver the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve notice to the Allottee for rectifying the default, which if not rectified within 15 fifteen) days from the date of its receipt by the Allottee, application of the allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the allottee without any interest or compensation whatsoever. 20. Entire Agreement — This Agreement, along with its schedules and Annexures, constitutes the entire Agreement between the Parties with respect of the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said Shop/Apartment as the case may be. 21. Right to Amend — This Agreement may be amended only through written consent of the Parties. 22. Provisions of this Agreement Applicable to Allottee/ Subsequent Allottees — It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the said Shop/ Apartment, in case of a transfer, as the said obligations go along with the said Shop/Apartment for all intents and purposes. 23. Severability — If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 24. Method of Calculation of Proportionate Share Wherever Referred to in the Agreement — Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with 19 other Allottee(s) in Project, the same shall be in accordance with the provisions of paragraph SIXTH of the Deed of Declaration. 25. Further Assurances — Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 26. Place of Execution — The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, and after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Amravati. 27. The Allottee and/or Promoter shall present this Agreement as well as the conveyance at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 28. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee – _____________________________ Address - _____________________________, _____________________________, E-mail Address - _____________________________ Name of Promoter - Darshan Builders, through Sole Proprietor – Darshan Shrikan Kalantri, Pannalal Nagar, Amravati. E-mail Address - _____________________________ It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all 20 communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 29. Joint Allottees — That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 30. Stamp Duty and Registration — The charges towards stamp duty and Registration of this Agreement as well as the consequent conveyance deed shall be borne by the allottee. 31. Dispute Resolution - Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 32. Governing Laws — That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the courts will have the jurisdiction for this Agreement FIRST SCHEDULE ABOVE REFERRED TO (i) All that piece and parcel of the land bearing layout plot No.1 admeasuring 2008.72 sq.mt. (21621.86 sq.ft.), from out of the 0 H. 55 R of the land bearing Field Survey No. 60/2-B of Mouje Peth Amravati, Pragane Badnera, Tq. & Dist. Amravati initially converted to non-agricultural use vide order dated 03.03.2016 passed by Collector, Amravati in R.C.No. NAP-34/Peth Amravati-69/2015-16 as per the layout plan sanctioned by Assistant Director Town Planning, Amravati Municipal Corporation Amravati vide order No. AMC/ADTP/Layout/32/2016 dated 08.02.2016 and the said layout revised vide order dated 05.05.2018 passed by Tahsildar, Amravati in R.C.No. NAP-34/Peth Amravati-73/2017-18 as per the revised layout plan sanctioned by Assistant Director Town Planning, Amravati Municipal Corporation Amravati vide order No. AMC/ADTP/Layout/07/2018 dated 27.04.2018, situated behind Ganesh Colony, Bhatkuli D.P. Road, locality of Amravati, within the limits of Amravati Municipal Corporation and within the jurisdiction of Sub- Registrar, Amravati City and having boundaries as under :- Towards East : Portion of Field Survey No. 60 Towards West : 9 meter wide road in the layout 21 Towards North : 18 meter wide D.P. Road Towards South : Open space in the layout (ii) T.D.R. rights equivalent to 625 sq.mt. (6727.50 sq.ft.), from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/114/2017, dated 14.11.2017 and certificate no. 114, for a total area of 1124.66 sq.mtrs. in lieu of 521.21 sq.mtrs., of land from out of field survey no. 33/2 of Mouje – Peth Amravati, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 23.08.2017 registered at Sr. No.2163/2017. (iii) T.D.R. rights equivalent to 3.55 sq.mt. (38.21 sq.ft.), from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/40/2012, dated 19.04.2012 and certificate no. 40, for a total area of 13100 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 13100 sq.mtrs., of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1016/2012. SECOND SCHEDULE ABOVE REFERRED TO General Common Areas & Facilities of the building : (a) All that piece and parcel of the land bearing layout plot No.1 admeasuring 2008.72 sq.mt. (21621.86 sq.ft.), from out of the 0 H. 55 R of the land bearing Field Survey No. 60/2-B of Mouje Peth Amravati, Pragane Badnera, Tq. & Dist. Amravati. (b) Covered Parking Place beneath the building and the open parking place in the marginal space. (c) Four staircases from the ground floor upto the terrace of the building and the corridor or the passages or the lobbies in front each apartments and one staircase for the use in case of fire in the building. (d) Four enclosures for the lifts and the equipments and the installations of the lifts therein and the diesel generator set back-up for the operation of the lifts and lights in the common areas in case of failure of power supply from the MSEDCL. (e) Four water tanks located at the roof of the building for the water from borewells. 22 (f) Four water tanks located at ground level for the water supply from the tap water of M.J.P. (g) Plumbing network throughout the building. (h) Electric wiring in the common areas of the building and four electric meters for the electricity in the common areas outside the apartments. (i) Necessary lights in the common areas of the building. (j) Two septic tanks and drainage system of the building with sewage treatment plant. (k) Four Bore-wells and water lifting arrangement for lifting of water to the water tank at the roof of the building. (l) Four water tap connections for supply of drinking water from M.J.P. (m) Compound wall on the Eastern, Western & Southern side of the building with two compound gates. Restricted Common Areas & Facilities of the building : (a) Two W.C. in the covered parking area for the use by the owners/occupiers of the shops and the watchman in the building. Schedule 'A' DESCRIPTION OF THE SHOP/ APARTMENT ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS A Shop/Apartment bearing no. ______ situated on the ________ Floor and having the carpet area of ______ sq.mt. from out of the said building named as “DEVISHA PEARL” constructed upon the project land described at Sr.No. (i) in First Schedule above. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at AMRAVATI in the presence of attesting witness, signing as such on the day first above written. PROMOTER : Darshan Builders (PAN No. ABEPK0148A) through sole proprietor – Darshan Shrikian Kalantri Signature Thumb Impression Photograph 23 ALLOTTEE : __________________________________ Signature Thumb Impression Photograph WITNESSES : 1) _____________________ 2) _____________________