Mouje Shegaon, Zone No. Survey No.46/2 Plot No. 40, admeasuring 325.86 sq.mtr. AGREEMENT TO SALE This Agreement made at Amravati, this_ th day of March, 2022, Between ******************************************************k********** Vendor/Promoter Agarkar Builders & Developers through Partner 1) Shri. Pralhad Yashwantrao Agarkar Aged about 61 years, Occu. Business 2) Sau. Savita Pralhad Agarkar Aged about 55 years, Occu. Business 3) Shri. Pawan Pralhad Agarkar Aged about: 30 years, Occu. Business 4) Shri. Shubham Pralhad Agarkar Aged about 27 years, Occu. Business All R/o. Parijat Colony, Amravati, Tq. Dit. Amravati. 444607 Herein afer referred collectively to as the Vendor/Promoter which expression shall include his heirs, executors, Administrators, assignees etc. of the One Part. AND Allotteel Purchaser (Pan No. Aged about yrs.,Occu. - R/o. Herein after referred to as the Purchaser/ allottee which expression shall include his their heirs, executors, Administrators assignees etc. of the Other Part. WHEREAS, the Vendor/Promoter is an absolute owner of Layout Converted plot No. 40 admeasuring 3506 sq.ft. (325.86sq.mtr), from Survey No. 46/2, converted into non agricultural land as per Rev. case no. N.A.P.34/Shegaon 10/1980 1981, dated 10/10/1980, of Mouje Shegaon, Pragane- Nandgaon peth, Tq. & Dist. Amravati, situated at Locality popularly known as Hariom Colony, Near Hollywood Colony, Kathora Road, Amravati, in the Registration Sub-District of Amravati. The said property purchased by vendor /promoter by virtue of registered Saledeed dated: 04/06/2021, registered at Serial No.2437, more particularly described in the First Schedule hereunder written (hereinafter referred to as "the project land"). .2. AND WHEREAS the Vendor/Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Vendor/Promoter is in possession of the project land AND WHEREAS the Vendor/Promoter has proposed to construct on the project land having First floor consist of Two Apartment Units and, Second floor consist of Two apartment units, Third floor consist of Two apartment units, Fourth floor consist of Two Apartment units & Fifth Floor consist of Two Apartment units. AND WHEREAS the Allottee is offered an Apartment bearing number on the floor, (herein after referred to as the said "Apartment") in the Building name and style as "Sai after referred to as the said Infinity" (herein "Building") being constructed on the said project land, by the Vendor/Promoteri AND WHEREAS the Vendor/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 Vendor/Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory at Maharashtra No. Authority authenticated copy is attached in Annexure 'F"; AND WHEREAS the Vendor/Promoter has appointed a structural Engineer for the preparation of the structural design and the buildings and the Vendor/Promoter drawings of accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS the Vendor/Promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Vendor/Promoter on the project land and to enter into with the allottee of the Agreement/s Apartments to receive the sale consideration in respect thereof AND WHEREAS on demand from the allottee, the Vendor/Promoter has given inspection the Allottee of all the documents of title to relating to the project land and the plans, designs and specifications prepared by the Vendor/Promoter's Architects Mr.Girish Nagpure, Amravati. ( name of Architects) 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: .3 of Certificate of Title issued AND WHEREAS the authenticated copies Vendor/Promoter, at law or advocate of the by the attorney Forms VI and VII and XII authenticated copies of extract of Village the record the nature of the title of showing relevant revenue the project land on which the Apartments are Vendor/Promoter to to be constructed have been annexed hereto and constructed or are marked as Annexure 'A' and 'B', respectively. of the plans of the Layout as AND WHEREAS the authenticated copies annexed hereto Local Authority have been approved by the concerned and marked as Annexure C-l. of the plans as sanctioned AND WHEREAS the authenticated copies Corporation, Amravati, as per and approved by the A.D.T.P. Municipal the dated 16/02/2022 proposed by building permit No.720, of the Vendor/Promoter and according to which the construction on the said to be provided for buildings and open space are proposed marked as Annexure C-2, projecthave been annexed hereto and and WHEREAS the authenticated copies of the plans AND to be purchased by the Allottee, specifications of the Apartment agreed been annexed sanctioned and approved by the local authority have as and marked as Annexure-D. Vendor/Promoter has got some of the approvals AND WHEREAS the the specifications, from the concerned local authority(s) to the plans, obtain the sections and of the said building/s and shall elevations, time to time, so as to various authorities from balance approvals from Certificate of the Certificate or Occupancy obtain Building Completion said Building concerned local sanctioning the said plans AND WHEREAS while conditions, has laid down certain terms, Government authority and/or are to be observed and performed stipulations and restrictions which said the project land and the Vendor/Promoter while developing by the of which only the and upon due observance and performance building the said building/s certificate in respect of completion or occupancy concerned local authority. shall be granted by the Vendor/Promoter has commenced construction of AND WHEREAS the revised plans. accordance with the said proposed the said building/s in Vendor/Promoter for WHEREAS the Allottee has applied to the AND floor situated in the allotment of an Apartment No. on building of the said Project, is AND WHEREAS the carpet area of the said Apartment floor area of an the net usable and "carpet area" means square meters the external walls, areas the a r e a covered by apartment, excluding to the said exclusive balcony appurtenant under services shafts, verandah area and the Allottee or Apartment for exclusive use of .4 Apartment for appurtenant to the said exclusive open terrace area includes the area covered by the exclusive u s e of the Allottee, but internal partition walls of the apartment. the confirmations, on the Parties relying AND WHEREAS, abide by all representations and of each other to faithfully assurances and contained in this Agreement the terms, conditions and stipulations on the this Agreement to enter into all applicable laws, are now willing hereinafteri terms and conditions appearing Allottee AND WHEREAS, prior to the execution of these presents the Vendor/Promoter of Rs. Rs. has paid to the consideration of only) being part payment of the sale the Apartment agreed to be sold by the Vendor/Promoter to the Allottee as advance payment or Application Fee and the Allottee has sale agreed to pay to the Vendor/Promoter the total balance of the consideration in the manner hereinafter appearing. AND WHEREAS, the Vendor/Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no P50_ AND WHEREAS, under section 13 of the said Act the Vendor/ Promoter is requred to execute a written Agreement for sale of sai 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 and as mutually agreed upon by and between the Parties, the Vendor/Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment unit No. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO ASs FOLLOWS The Vendor/Promoter shall construct the said building/s consisting of First floor, Second floor, third floor, Fourth floor & Fifth floor on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time Provided that the Vendor/Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1. (a) The Allottee hereby agrees the to purchase from Vendor/Promoter and the Vendor/Promoter hereby agrees to sell to the Allottee Apartment No. of carpet area .5 admeasuring Sq. meters on floor in the building (hereinafter referred to as "the shown in the Floor Apartment") as plan thereof hereto annexed and marked Annexures C-l and C-2 for the consideration of Rs. including the proportionate 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, (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 1 (b The total aggregate consideration amount for the apartment including covered parking spaces is thus Rs. 1(c) The Allottee has paid Rs. /(Rs. only) through to Vendor/ Promoter and agreed to pay remaining consideration of Rs. /: (Rupees. . only.) in the followingmanner i)Amount of Rs. -(Rs. only) (not exceeding 30% of the total consideration) to be paid to the Vendor/Promoter after the execution of Agreement. ii) Amount of Rs. (Rs. only) (not exceeding 45% of the total consideration) to be paid to the Vendor/ Promoter on completion of the Plinth of the building in which the said Apartment is located. ii) Amount of Rs. (Rs. only) (not exceeding 70% of the total consideration) to be paid to the Vendor! Promoter on completion of the slabs including podiums and stilts of the building in which the said Apartment is located. iv) Amount of Rs. -(Rs. only) (not exceeding 75% of the total consideration) to be paid to the Vendor/Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v) Amount of Rs._ (Rs. only) (not exceeding 80% of the total consideration) be paid to the to Vendor/Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi Amount of Rs -(Rs. only) not exceeding 85% of the total consideration) to be paid to the Vendor! Promoter on completion of the external plumbing and .6. of the terraces with waterproofing, elevation, external plaster, is located. the said Apartment building or wing in which only) (not vii) Amount of Rs (Rs. to the consideration) to be paid exceeding 95% of the total water pumps, of the lifts, Vendor/ Promoter on completion and environment electrical fittings, electro, mechanical paving of requirements, entrance lobby/s, plinth protection, as may be areas appertain and all other requirements or wing in prescribed in the Agreement of sale of the building which the said Apartment is located. vii) Balance Amount of Rs. (Rs only) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1() The Total Price above excludes Taxes (consisting of tax paid or payable by the Vendor/Promoter by way of GST and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Vendor/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 Vendor/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 Vendor/Promoter shall enclose the said notification lorder/ rule/regulation publishedissued 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 The Vendor/Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments 2% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Vendor /Promoter. 1g The Vendor/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 he competent authority, by furnishing details of the changes, it 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 Vendor/Promoter. If there 1s any reduction in the carpet area within the defined limit then Vendor/Promoter shall refund the excess money paid by Allottee within forty five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Vendor/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 1la) of this Agreement. The Allottee authorizes the Vendor/Promoter to adjust/ 1(h) head(s) of appropriate all payments made by him/her under any dues against lawful outstanding, if any, in his/her name as the Vendor/Promoter mayin its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Vendor/ Promoter to adjust his payments in any manner. 2.1) The Vendor/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 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 Vendor/Promoter as well as the Allottee. The Vendor/Promoter shall abide by the time schedule for completing the project and handing over the [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 the other obligations under the Agreement subject to the simultaneous completion of construction by the Vendor/Promoter as provided in clause 1 ( herein above. ("Payment Plan"). 3) The Vendor/Promoter hereby declares that the total Floor Space Index available as on date in respect of the project land is 933.89 square meters only and Vendor/Promoter has planned to utilize Floor Space Index of 933.89 sq.mtr. or FSI available on payment of premiums or FSI available as incentive FSI by implementing various ..8.. or b a s e d Development Control Regulation eme as mentioned in the in future on be available of increased FSI which may expectation which are applicaDle On Regulations, to Development Control Floor space ancation the has disclosed Project. The Vendor/Promoter Ehe said O utilized by him on the projec Lndex of 933.89 sq.mtr. as proposed to be the sala to purchase the said Project and Allottee has agreed land in Apartment based on the proposed construction and sale of apartine rol the proposed by the Vendor/Promoter by utilizing to be carried out and on the understanding that the declared proposed FSI shall belong to Vendor/Promoter only. for 4.1) If the Vendor/Promoter fails to abide by the time schedule to the completing the project and handing over the lApartmentl Allottee, the Vendor/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 Vendor/Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Vendor/Promoter under the terms of this Agreement from the date the said amount is payable by the allottee to the Vendor/Promoter. 4.2) Without prejudice to the right of Vendor/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 Vendor/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 Vendor/Promoter shall at his own option, may terminate this Agreement: Provided that, Vendor/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 his 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 Vendor/Promoter within the period of notice then at the end of such notice period, Vendor/Promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Vendor/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 Vendor/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 Vendor/Promoter. 5). The fixtures and fittings with regard to the flooring and sanitary ings and amenities like one or more lifts with particular brana, or price range if unbranded) to be provided by the Vendor/Promoter in the said building and the Apartment as are set out in Annexure B, annexed hereto. 6) The Vendor/Promoter shall give possession of the Apartment O the Allottee on or before 31et day of Oct. 2024 in view of execution oI registered conveyance deed or the other form as per provision of this of the act. If the Vendor/Promoter fails or neglects to give possession his control and Apartment to the Allottee on account of reasons beyond Vendor/Promoter shall be of his agents by the aforesaid date then the lhable on demand to refund to the Allottee the amounts already interest at the same received by him in respect of the Apartment with rate as may mentioned in the clause 4.1 herein above from the date the and Vendor/Promoter received the sum till the date the amounts interest thereon is repaid. entitled to Provided the Vendor/Promoter shall be that reasonable extension of time for giving delivery of Apartment on the which the Apartment is aforesaid date, if the completion of building in to be situated is delayed on account of - war, civil commotion or act of God : notification of the Government and/or i) any notice, order, rule, other public or competent authority/court. 7.1) Procedure for taking possession The Vendor/Promoter, upon and obtaining the occupancy certificate from the competent authority the payment made by the Allottee as per the agreement shall offer in in terms of writing the possession of the LApartment|, to the Allottee this Agreement to be taken within 3 (three months from the date of issue of such notice and the Vendor/Promoter shall give possession of the lApartment| to the Allottee. The Vendor/Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, doeumentation on part of the Vendor/Promoter. The Allottee agreels) to pay the maintenance charges as determined by the Vendor/Promoter or association of allottees, as the case may be. The Vendor/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 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 lApartment: Upon receiving a written intimation from the Vendor/Promoter as per clause 8.1, the Allottee shall take possession of the [Apartment] from the Vendor/Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Vendor/Promoter shall give possession of the [Apartment] to the .10. within the timne allottee. In case the Allottee fails to take possession provided in clause 8.1 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 Apartment to the Allottee, the Allottee brings to the notice of the Vendor/Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Vendor/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 Vendor/Promoter, compensation for such defect in the manner as provided under the Act. 8.) The Allottee shall use the permit the same to be used only for Apartment or any part thereof or the garage or purpose of residence. He shall use parking space only for purpose of keeping or parkng vehicle. 9) Within 15 days after notice in writing is given by the Vendor/Promoter to the Allottee that the and the Apartment is ready for use occupancy, Allottee shall be liable to bear and the proportionate share i.e. in proportion to the carpet areapay of the Apartment) outgoings in respect of the project land and of 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 land and building/s. Until the Society is formed and the said structure of the building/s is transferred to it, the Allottee shall pay to the Vendor/Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Vendor/Promoter provisional monthly contribution of Rs.2000/ per month towards the outgoings. The amounts so paid by the Alottee to the Vendor/Promoter shall not carry any interest and remain with the Vendor/Promoter until a conveyance/sale deed of apartment is to be executed in favour of allottee. 10) The Allottee shall on or before delivery of possession of the said premises keep deposited the amount of Rs.90,000/ with the Vendor/Promoter, as per following manner Rs.5,000/ for share money, application entrance fee of the Society/association. ) Rs.10,000/ for formation of the Society/association. iii) Rs.10,000/ .for proportionate share of taxes and other charges/levies in respect of the Society. 11.. (iv) Rs.10,000/ for deposit towards provisional monthly contribution towards outgoings of Society. Rs.b5,000/ For Deposit towards Water, Electric, and other utility and services connection charges& 11) The Allottee shall pay to the Vendor/Promoter a sum of Rs. 10,000/ for meeting all legal costs, charges and expenses, including professional costs of the Attorney at:Law/lAdvocates of the Vendor/ Promoter. 12) That on completion of the building the allottee shall be given intimation by the promoter and with a month from the said intimation the allottee will have to pay all the dues towards the price of the said apartment/tlat and get the conveyance /sale deed executed in their favour at their own cost and take possession of the said flat. 13). REPRESENTATIONS AND WARRANTIES OF THE VENDOR/ PROMOTER the The Vendor/Promoter hereby represents and warrants to Allottee as follows: with i.) The Vendor/Promoter has clear and marketable title the title report respect to the project landi as declared in annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Projecti ii) The Vendor/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 projecti iii) There are no encumbrances upon the project land or the Project. iv) There are no litigations pending before any Court of law with respect to the project land or Project. v All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and 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, project land and said building/wing shall be obtained by following due process of law and the Vendor/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/wing and common areas;