Agreement for Sale of Flat/Apartment (MaujeBadnera Valuation Column No. rate per sq. meter Rs. /-) (Stamp duty paid Rs. /-) Valuation as per ready reckoner Rs. /-( Rupees only) Total Sale Consideration valued at Rs. /-(Rupees Only) Agreement for Sale Valued at Rs. /-(Rupees Only) (Deed of Declaration Reg. on dt. 21.11.2017 at Sr. No. 4910 with Sub-Registrar Office, Amravati City-2) ************************************************ This Sale Agreement made at Amravati on this Day of in the year 2019, between – Raj Associates (PAN-AATFR7957G)through its partners, 1. Nazar Ali Akbar Ali Bhopalwala,aged about 45 years, Occupation – Business, PAN- AGUPB1795K 2. MufaddalMullaJuzerKurlawala, aged about 35 years, Occupation– Business, PAN – AYWPK4192K,Both R/o Office, Raj Associates , Shop No 1, Carddock Road Opposite TB Hospital Maskasath Itwari Nagpur, 440002. At Present office address at Katre Farm House, JuniBasti, Badnera, Dist Amravati,444607. Hereinaftercollectively called as the “the Promoter” (which expression shall deem to include the said partnership firm, its partners, their heirs, successors, executors, administrators and assigns) of the OTHER PART. AND 1. Mr. NilkanthBapuraoKatre(PAN – ACDPK4281G), aged about 63 years, occupation – Retired., 2. Mrs. Mira NilkanthKatre(PAN – AGAPK5862G), aged about 55 years, occupation- Housewife, 3. Mr. HarshalNilkanthKatre(PAN – ANFPK9996B), aged about 35 years, occupation- Business 4. MohnishNilkanthKatre(PAN – APHPK1596G), aged about 32 years, occupation- Business All R/o. Katre Farm House, JuniBasti, Badnera, Dist Amravati-444607 Nos. 2 to 3 through their general power of attorney holders vide General Power of Attorney registered on dated 30.08.2016 regd. at Sr. No.2586 at the office of Sub-Registrar Amravati City-2 - Raj Associates (PAN-AATFR7957G)through is partners, 1. Nazar Ali Akbar Ali Bhopalwala, aged about 45 years, Occupation – Business, PAN- AGUPB1795K 2. MufaddalMullaJuzerKurlawala, aged about 35 years, Occupation– Business, PAN – AYWPK4192K, Both R/o Office, Raj Associates , Shop No 1, Carddock Road Opposite TB Hospital,Maskasath, Itwari Nagpur, 440002. At Present office address at Katre Farm House, JuniBasti, Badnera, Dist Amravati, 444607, and hereinafter collectively called as the “the Original Owners” (which expression shall deem to include the said partnership firm, its partners, their heirs, successors, executors, administrators and assigns) of the ONE PART. AND Name of Buyer (PAN - ), Aged years, Occu. – , R/o. hereinafter called as the “the Allotee/s” or “Purchaser/s” (which expression shall deem to include their heirs, successors, executors, administrators and assigns) WHEREAS by an Agreement dated 30.08.2016 regd. at Sr. No.2587 at the office of Sub-Registrar Amravati City-2executed between 1. Mr. NilkanthBapuraoKatre 2. Mrs. Mira NilkanthKatre 3. Mr. HarshalNilkanthKatreand 4. MohnishNilkanthKatre (hereinafter referred to as "the Original Owner”) of the One Part and M/s Raj Builders through its partners Nazar Ali S/o. Akbar Ali Bhopalwala, and Muffaddal S/o. SkJuzerKurlawala,the Promoter of the Other Part ( hereinafter referred to as "the Development Agreement"), the Original Owner granted to the Promoter development rights to the piece or parcel of Mouje Badnera, Pragane Badnera, Tq. & Dist. Amravati field survey no. 159/1,159/2,160,162 & 164/2 out of which 1H 94R land which is sanctioned andconverted to non agricultural layout for residential and commercial purpose by the order of Assistant Director of Town Planning, Amravati Municipal Corporation, Amravati by order No. 18/2016dated 06.09.2016, or thereabouts more particularly described in the First Schedule therein as well as in the First Schedule hereunder written (hereinafter referred to as "the project landand') and to construct thereon building/s in accordance with the terms and conditions contained in the Development Agreement. WHEREAS by a General Power of Attorney dated 30.08.2016 regd. at Sr. No.2586 at the office of Sub-Registrar Amravati City-2 executed between 1. Mr. Nilkanth Bapurao Katre 2. Mrs. Mira Nilkanth Katre 3. Mr. Harshal Nilkanth Katre and 4.Mohnish Nilkanth Katre (hereinafter referred to as "the Original Owner”) of the One Part in favour of the Promoter of the Other Part and Mr. Nilkanth Bapurao Katre( hereinafter referred to as "the General Power of Attorney"), the Original Owner granted to the Promoterand Mr. NilkanthBapuraoKatre development rights to the piece or parcel of Mouje Badnera, Pragane Badnera, Tq. & Dist. Amravati field survey no. 159/1,159/2,160,162 & 164/2 out of which 1H 94R land which is sanctionedand converted to non agricultural layout for residential and commercial purpose or thereabouts more particularly described in the First Schedule therein as well as in the First Schedule hereunder written (hereinafter referred to as "the project land') and to construct thereon building/s in accordance with the termsand conditions contained in the Development Agreementand also and thereby authorized the party of second part to sell the flats and shops out of the commercial cum residential buildings to be built over the said landand to execute agreement of sale, sale deeds, M.O.U.,and other relevant documents required to be effect the sale of such property. WHEREASoriginally land admeasuring 0H 51R, from out of field survey no. 159/1 of Mauje Badnera, was owned by ShantabaiSadashivraoMahisalkar who sold out the said land to MeeraNilkanthraoKatre vide sale deed registered at Sr. No. 1837 dated 30.03.1991,and WHEREAS land admeasuring 0H 11R, from out of field survey no. 159/2 of Mauje Badnera, was owned by ShriMahadevSansthan Badnera through its cultivator (vahidaar) ShriLaxmanDattatrayaGodbole who sold out the said land to MeeraNilkanthraoKatre vide sale deed registered at Sr. No. 237 dated. 21.01.1992, and WHEREAS land admeasuring 0H 16R, from out of field survey no. 160 of Mauje Badnera, was owned by ShantabaiSadashivraoMahisalkar who sold out the said land to MeeraNilkanthraoKatre vide sale deed registered at Sr. No. 1839 dated. 30.03.1991, and WHEREAS land admeasuring 0H 84R, from out of field survey no. 162 of Mauje Badnera, was owned by ShantabaiSadashivraoMahisalkar who sold out the said land to MeeraNilkanthraoKatre vide sale deed registered at Sr. No. 217 dated. 25.10.1991, and WHEREAS land admeasuring 0H 32R, from out of field survey no. 164/2 of Mauje Badnera, was originally owned by ShriDattSansthan Badnera through its cultivator (vahidaar) ShriMotiramShivramjiNimkar from whom the said land was transferred and mutated in the name name of MeeraNilkanthraoKatre in pursuance of order dt. 30.04.2002 in revenue case no. RTS-64/2001-2002 passed by A. A. Kewale, NaibTehsildar, Badnera Circle, Amravati. It seems from the said order of NaibTehsildar that ShriDattSansthan Badnera was not in existence on the date of the said order. However to confirm the existence of the said ShriDattSansthan, Badnera the order of Charity Commissioner may be obtained, and WHEREAS MeeraNilkanthKatre, executed the partition deed dt. 20.07.2016 and thereby transferred the land admeasuring 0H 51R, from out of field survey no. 159/1 of Mauje Badnera in favour of NilkanthBapuraoKatreand the land admeasuring 0H 84R, from out of field survey no. 162 of Mauje Badnera in favour of HarshalNilkanthKatre and MohnishNilkanthKatre and the said partition was confirmed by the order dated 20.08.2016 passed by Shri D. B. Manjare, NaibTehsildar (Badnera Circle), Amravati, and WHEREAS, as per the title deed referred to above in favour of the owner and promoter, there is no covenant affecting the project land or the title of the owner and promoter thereonand there is no tenant or illegal encroachment into or upon the project land 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 landand has not created any lien or charge upon the project land. WHEREAS the Promoters are entitledand enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; and AND WHEREAS the Promoter is in possession of the project land, and WHEREAS the Promoter above named proposed to construct on the project land described in the Schedule-A hereto, the Promoter above named had prepared the plans for development of the said plots by constructing a multistoried building consisting of separate self contained residential apartments therein (herein after referred to as the said “Building”)and the building plan of the said building was sanctioned by Amravati Municipal Corporation, vide Building Permit No. 2015 dated 16.02.2017 and the Promoter has chosen to describe the said building as “ PEARL Building” in the project popularly known as “RAJ TOWNSHIP”, and WHEREAS the promoter has executed a DEED OF DECLARATION under section 2 of the Maharashtra Apartment Ownership Act, 1970 on dated 21.11.2017 registered at serial no. 4910with the Sub-Registrar City-2, Amravati and thereby submitted the said landand the building being constructed thereon to the provisions of Maharashtra Apartment Ownership Act, 1970 AND WHEREAS the Allottee is offered an Apartment bearing number on the , (hereinafter referred to as the said “Apartment”) in the building known as “PEARL Building” in the project popularly known as “RAJ TOWNSHIP” the Building called “RAJ TOWNSHIP” (hereinafter referred to as the said “Building”) being constructed in the first phase of the said project, by the Promoter, and WHEREAS the postal address of the said “PEARL Building” in the project popularly known as “RAJ TOWNSHIP”, Katre Farm House, JuniBasti, Badnera, Dist. Amravati and the Promoter has submitted the said plot and and building constructed thereon to the provisions of the Maharashtra Apartment Ownership Act, 1970 under section 2 of the said Act by registering the declaration as provided by Sec. 11 of the said Act, 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 Real Estate (Regulation & Development) Act, 2016 with the Real Estate Regulatory Authority at Mumbai, on dt.31.08.2017 bearing registration No. P50300011855 authenticated copy is attached in Annexure ‘F’; and WHEREAS the 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 by virtue of the Development Agreement the Promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoter on the project landto enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; 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 the plans, designs and specifications prepared by the Promoter's Architectand 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 advocate of the Promoter, authenticated copies of GaonNamuna 2 or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed heretoand 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,and, WHEREAS the authenticated copies of the plans and specifications of the apartments agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D, and WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and 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 and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project landand the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority, and WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans,and WHEREAS the Allottee has applied to the Promoter for allotment of an Apartment No. on Floor situated in the building “PEARL Building” in the project popularly known as “RAJ TOWNSHIP” being constructed on the said Project land, and WHEREAS the Allottee is offered an Apartment No. on Floor, (hereinafter referred to as the said “apartment”) in the building “PEARL Building” in the project popularly known as “RAJ TOWNSHIP”(herein after referred to as the said “Building”) being constructed on the said project land, by the Promoter, and WHEREAS the carpet area of the said Apartmentis sq.mtrs and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said apartmentfor 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 apartment, 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 apartmentagreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the 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, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presentsand also to register said Agreement under the Registration Act, 1908., In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon byand between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the said apartment. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter has constructed the said building/s consisting of Residential Apartments on the project land and in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. 1.(a) (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee ApartmentNo. having carpet area admeasuring sq.mtrs on floor in the building “PEARL Building” in the project popularly known as “RAJ TOWNSHIP” more particularly described in Schedule “B” and as per AmaravatiMuniciple Corporation sanctioned plan with building permit no. 2015 dt. 16.02.17(hereinafter referred to as "the apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C for the total sale consideration of Rs. /- (Rupees only).That the said consideration includes the proportionate price of the common areasand facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Schedule “C” annexed herewith. And excludes the charges of Stamp Duty, Registration Fees, GST and any Government, Semi-Government taxes, legal cost charges and expenses, share money applications entrance fee of society, charges for formation & registration of society, deposit towards water and other utility and service connection charges, deposit of electrical receiving and transformer provided in layout, 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 an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said apartment for exclusive use of the Allottee or 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 apartment. 1(b) The total aggregate consideration amount for the apartment including covered parking spaces is thus Rs. /- 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. /-(Rupees ) as advance payment or application fee to the promoter as under :- Amount Particulars The promoter subject to realization of above said cheque/s hereby acknowledges the receipt of the same. The remaining amount of consideration of Rs. /- (Rupees Only) shall be paid by the Allottee/s to the “Promoter” as given below (as decided schedule by both the parties) The Allottee/s agrees and understands that timely payment towards the purchase of the said apartment/flat as per payment plan/schedule hereto is the essence of the agreement. The Allottee/s payment schedule as agreed by Allottee/s and promoter as follows :- Sr. Particulars Percentage Amount (Rs.) No. of Total Amount 1 On Agreement to Sale 16% Rs. /- 2 Within 8 days from Agreement to Sale 14% Rs. /- 3 On Completion of Plinth 10% Rs. /- 4 On Completion of Second Slab 10% Rs. /- 5 On Completion of Forth Slab 10% Rs. /- 6 On Completion of Fifth Slab 10% Rs. /- 7 On completion of Walls, Internal Plaster, 10% Rs. /- Floorings of the said Apartment 8 On Completion of Sanitary fittings, staircases, 5% Rs. /- lift wells, lobbies upto the floor level and also doors and windows of the said Apartment. 9 On completion of the external plumbing and 5% Rs. /- external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located. 10 On completion of the lifts, water pumps, 5% Rs. 1,25,000/- electrical fittings, electro, mechanical andother environment requirements, entrance lobby/s, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. 11 At the time of handing over of the possession 5% Rs. /- of the Apartment to the Allottee on or after receipt of completion certificate, whichever is earlier Total 100% Rs. /- It is hereby clarified that the promoter shall be at liberty to vary the chronological order of the various stages of construction/items of work of the said building in which the said apartment is located and promoters shall also be at liberty to simultaneously undertake two or more stages of construction/items of work set out in the hereinabove payment plan and to demand from the Allottee/s the aggregate of installment towards the aggregate consideration mentioned in such installments. Without prejudice to the rights of the promoter in this agreement or in law, the promoter and the purchaser shall be at liberty by mutual consent to alter and/or modify the payment of the agreed price of the said flat. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, GST, Service Tax, andCess 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 Apartment. 1(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. 1(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. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter 1(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 apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the 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 apartmentto 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 the 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”).It is well understood by the Allottee/s 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. 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 10675.17 square meters onlyand Promoter has planned to utilize said Floor Space Index. That the promoter is entitled to carry on further construction on terrace of building by consuming remaining 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. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the apartmentto 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 dueand 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 his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee of his intention to terminate this Agreement and of the specific breach or breaches of termsand 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 75% of amount paid by the Allottee/s towards the 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 one or more lifts, to be provided by the Promoter in the said building and the Apartment as are set out in Schedule “C”, annexed hereto. 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 separate extra charges for the same. Furthermore 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. 6. The Promoter shall give possession of the Apartment to the Allottee on or before . If the Promoter fails or neglects to give possession of the apartmentto the Allottee on account of reasons beyond his control and of his 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 apartmentwith 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 apartmenton the aforesaid date, if the completion of building in which the apartmentis 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 apartmentto 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 apartmentto 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. 7.2 The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter to the Allottee intimating that the said Apartments are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of said apartment: Upon receiving a written intimation from the Promoter, the Allottee shall take possession of the said apartmentfrom the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement,and the Promoter shall give possession of the said apartmentto the allottee. In case the Allottee fails to take possession within the time provided, it will be considered as deemed possession and 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 apartmentto the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the said apartmentor 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 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 apartmentor any part thereof or permit the same to be used only for purpose of residential use. He shall use the parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s) of Apartments, in the building shall join in forming and registering the Society or Association or a Limited Company 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 papersand documents necessary for the formationand registration of the Society or Association or Limited Company and for becoming a member, including the bye- laws of the proposed Society 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, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, titleand the interest of the Promoter /Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Promoter/Lessor/Original Owner/Promoter and/or the owners in the project and on which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share of outgoings in respect of the project and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority 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 landbuilding/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee shall pay to the Promoter a sum of money as may be determined 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 said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 11. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building. At the time of registration of conveyance or Lease of the project and, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 12. 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 oC and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. 13. 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 upon the projectand also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoter has lawful rightsand requisite approvals from the competent Authorities to carry out development of the Projectland and shall obtain requisite approvals from time to time to complete the development of the project; iii. That the Owners/Promoter hereby declares that the Apartment/Flat under sale is free from encumbrances and the Promoter yet not obtained any loan on the said property iv. There are no litigations pending before any Court of law with respect to the project and or Project. v. All approvals, licenses and permits issued by the competent authorities with respect to the Projectand said building/wing 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 landand 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 ProjectandBuilding 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 and the said apartmentwhich 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 apartmentto the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees 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 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 landand/or the Project except those disclosed in the title report. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Apartment at the Allottee/s own cost in good and tenantable repair and condition from the date that of possession of the said apartmentis taken and shall not do or suffer to be done anything in or to the building in which the said apartmentis 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 apartmentis situated and the said apartmentitself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the said apartmentany 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 apartmentis situated or storing of which goods is objected to by the concerned local or other authority 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 apartmentis situated, including entrances of the building in which the said apartmentis situated and in case any damage is caused to the building in which the said apartmentis situated or the said apartmenton 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 apartmentand maintain the said apartmentin the same condition, state and order in which it was delivered by the said apartmentto the Allottee and shall not do or suffer to be done anything in or to the building in which the said apartmentis situated or the said apartmentwhich 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 authorityand/or other public authority. iv. Not to demolish or cause to be demolished the said apartmentor 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 apartmentor any part thereof, nor any alteration in the elevationand outside color scheme of the building in which the said apartmentis situated and shall keep the portion, sewers, drains and pipes in the said apartmentand 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 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 apartmentwithout the prior written permission of the Promoter and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project and the building in which the said apartmentis 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 apartmentin the compound or any portion of the project landand the building in which the said apartmentis situated. vii. 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 apartmentis situated. viii. To bearand 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 apartmentby the Allottee for any purposes other than for purpose for which it is sold. ix. 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 apartmentuntil all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observeand perform all the rulesand regulations which the Society or the Limited Company or Apex Body or Federation may adopt at its inceptionand 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 apartmenttherein 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 Governmentand other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancyand use of the said apartmentin the Buildingand shall payand contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which said apartmentis situated is executed in favour of Society/Limited Society, 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 said buildings or any part thereof to view and examine the stateand condition thereof with prior notice not less than 48 hrs. xii. Till a conveyance of the project on which the building in which said apartmentis situated is executed in favour of Apex Body or Federation, 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 and or any part thereof to view and examine the state and condition thereof with prior notice not less than 48 hrs. 15. 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 Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said apartmentor of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the 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 Society/Limited Company or other body and until the project and is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. 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 apartmentand 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 apartment. 18. 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 Promoter. If the Allottee(s) fails to execute and deliver to 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 a 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. 19. This Agreement, along with its schedules andannexure, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes anyand all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be. 20. RIGHT TO AMEND : This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / SUBSEQUENT ALLOTTEE/S :It is clearly understoodand so agreed by and between the Parties hereto that all the provisions contained hereinand the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the said apartment, in case of a transfer, as the said obligations go along with the said apartmentfor all intents and purposes. 22. 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 other Allottee(s) in Project, the same shall be in proportion to the carpet area of the said apartmentto the total carpet area of all the said apartmentin the Project. 23. 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 Under Certificate of Posting at their respective addresses specifiedbelow: Name of Allottee R/o. Promoter - M/sRaj Builders through its partners Nazar Ali S/o. Akbar Ali Bhopalwala,andMuffaddal S/o. SkJuzerKurlawala, R/o. Raj Associates, Shop No 1, Carddock Road Opposite TB Hospital Maskasath Itwari Nagpur, 440002 Notified Email ID: rajtownship@gmail.comIt 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 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. 24. 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. 25. Stamp Duty andRegistration :- The charges towards stamp dutyand Registration of this Agreement shall be borne by the allottee. 26. 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 Promoter/Original Owner and the Purchaser or Allottee/s hereinbefore used shall include their respective heirs, legal representatives, successors and assigns and it shall bind them. SCHEDULE ‘A’ “Situated at Mauje Badnera, Pragane – Badnera, Tq.and Dist. Amravati bearing field survey No. 159/1, 159/2, 160, 162 & 164/2 out of which 1H 94R landi.e. admeasuring 16675.17 sq.mtrs. which is sanctioned and converted to Non Agricultural layout for Residential and commercial purpose by the order of Asst. Director of Town Planning, Amravati Muncipal Corporation, Amravati by order No. 18/2016 dated 06.09.2016 which is commonly bounded as under :- Towards East : Badnera to Amravati Road, Towards West : Farm house of Shri Wake and other Sanctioned Layout Towards North : Layout of ShriMavade Open Space Towards South : 18 mtr wide D. P. Road” SCHEDULE – B The residential apartment bearing Apartment No. situated on the Floor having carpet area admeasuring sq.mtrsand total built-up area admeasuring sq. meters in the building known as “PEARL Building” in the project popularly known as “RAJ TOWNSHIP”constructed on the said land described in the Schedule- A described above and together with 0.881% undivided share in the said landand also together with the respective share assigned to the said apartment in the other common areas and facilities of the building. SCHEDULE – C Specifications of Construction for Apartment Specifications 1. Structure : Full R.C.C. framed structure. 2. Super Structure: External wall 6 inch thick and internal 4 inch thick. 3. Plaster: External sand faced plaster, internal funty plaster. 4. Flooring: 2’x 2’ nano vitrified tiles in all rooms & designer ceramic tiles upto 7 ft in all toilets. 5. Doors: All doors in R.C.C. door frame with flush door panel. 6. Windows: Best powder coated Aluminum glazed / sliding windows with M.S. grill. 7. Electrification: Concealed electric wiring with equipped points. 8. Kitchen platform: Granite top platform and S.S. sink and glazed tiles upto linter level. 9. Good quality of sanitary ware. 10. Plumbing: Plumbing fitting will be concealed with standard C. PVC & U. PVC fitting. 11. Painting: Birla wall putti in all rooms and water proof cement paint to exterior walls. Amenities 1. Covered parking for individual flats owner. 2. Pavers arrangement in parking area. 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 . Dafted by – Adv. Swapnil S. Jaju ALLOTTEE/PURCHASERS :- Signature Thumb Impression Photograph Promoter’s :Raj Builders through its partners - 1) Nazar Ali S/o. Akbar Ali Bhopalwala(for himself and as a general power of attorney holder for Mira NilkanthKatre, HarshalNilkanthKatre, MohnishNilkanthKatre) Signature Thumb Impression Photograph 2) MufaddalMullaJuzerKurlawala(for himself and as a general power of attorney holder for Mira NilkanthKatre, HarshalNilkanthKatre, MohnishNilkanthKatre) Signature Thumb Impression Photograph Witnesses :- 1._________________ 2.__________________ “List of Annexures” ANNEXURE “A”- Title Report in respect of the described in the Schedule “A” ANNEXURE “B”– Copies of GaonNamuna 2 Extract showing the nature of the title of the promoter to the said project land ANNEXURE “C”- Copies of the plans of the Layout as approved by the concerned Local Authority. ANNEXURE “D” –Copy of Building Permission/Commencement Certificate. ANNEXURE “E” -Copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority ANNEXURE “F” - 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 thereafter same have been executed by all parties. Allottee/s 1.__________________________ 2. __________________________