Annexure ‘A’ AGREEMENT TO SELL FOR RS. _________/- ONLY (RUPEES _______________________________ONLY) VALUATION AS PER ANNUAL STATEMENT OF RATES (ASR) RS. _____________/- ONLY THIS AGREEMENT TO SELL is made and executed at NAGPUR on this __________ Day of _______, 20__, BETWEEN : M/S. ANKIT CONSTRUCTION, A Partnership Firm having its registered Office at Trimurti Nagar, Nagpur, Income Tax Permanent Account No. AABFA5924G, and represented through it’s Authorised Partner : SHRI. KISHORE S/o GOVINDRAO KANHERE, Aged about 52 Years, Occupation - Bussiness, Resident of Plot No. 45, Process Surveyor Colony, Swawlambi Nagar, Nagpur, Tahsil and District – NAGPUR, hereinafter called the “VENDOR/PROMOTER”, which expression shall unless repugnant to the context or meaning thereof always mean and include the said “PARTNERS” as well as, her/his heirs, legal representatives, executors, administrators, successors and assigns of the FIRST PART. AND 1. MR. ___________________________, Aged about ______ Years, Occupation - ___________, Income Tax Permanent Account No._________________, 2. _____________________________, Aged about __ Years, Occupation - _____________, Income Tax Permanent Account No._______________, Both Resident of ________________________________, hereinafter called the “PURCHASER”, which expression shall unless repugnant to the context or meaning thereof, always mean and include the said “PURCHASER”, as well as, her/his heirs, legal representatives, executors, administrators, successors and assigns of the SECOND PART. WHEREAS, the Vendor/Promoter Party hereinabove named is an exclusive, absolute and full Owner of the property comprising ALL THAT piece and parcel of land containing by admeasurement 2402.194 Sq. Mtrs. being a portion of the entire land bearing Kh. No. 65/3 of MOUZA – SOMALWADA, P.S.K. 44, bearing Corporation House No. 2926, City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR and more particularly 1 described in the First Schedule hereunder written (hereinafter referred to as “the project land”) The property described above is described with more particularity in the SCHEDULE OF PROPERTY appearing hereunder and shall hereinafter be referred to as ‘the aforesaid property’ and the Vendor/Promoter Party has acquired the plot in the following manner:- 1) WHEREAS, ALL THAT Piece and Parcel of Agricultural land bearing Kh.No. 65/3 of Mouza – SOMALWADA, P.S.K. 44 having an area of 0.61 Hector (i.e. 6100 Sq. Mtrs.), Rental Rs. 2.00, held in Bhogwatdar Class – 1 Rights, situated at Somalwada, Nagpur, within the limits of Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR, Originally belonged to Shri. Tanba Namdeo Meshram and Mrs. Sumitrabai W/o Tanba Meshram, being their separate property; AND 2) WHEREAS, the Urban Land (Ceiling and Regulation) Act, 1976 having come into force w.e.f. 17-2-1976 the said Shri. Tanba Namdeo Meshram and Mrs. Sumitrabai Tanba Meshram had filed a Statement/Return Under Section 8(4) of the said Act before the Additional Collector and Competent Authority, U.L.C., Nagpur which was registered as ULC Case No. 120/80 and on completion of his enquiry in respect of the said case, the said authority vide its Order passed in the said ULC Case No. 120/80 Dated 11-06- 2001 declared 1500 Sq. Mtrs. of land out of the aforesaid Kh.No. 65/3 of Mouza – SOMALWADA as a Retainable land and the remaining land was declared as a Surplus vacant land within the meaning of the said Act; AND 3) WHEREAS, the said Shri. Tanba Namdeo Meshram and Mrs. Sumitrabai Tanba Meshram lateron applied for exemption to the aforesaid surplus vacant land containing by admeasurement 14100 Sq. Mtrs. under Talegaon Dabhade Scheme; AND 4) WHEREAS, considering the application of the said Shri. Tanba Namdeo Meshram and Mrs. Sumitra Tanba Meshram, the Government of Maharashtra through Competent Authority, (U.L.C.), Nagpur vide his Order Dated 10-07- 2001 passed in Case No. ATP/ULC/TD(219)/2001/302 exempted the said surplus vacant land Under Section 20(1)(a) of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) for providing Plots and/or Construction of Tenements thereon in accordance with the Special Dispensation issued by The Government Resolution, Housing and Special Assistance Department, Mantralaya, Mumbai in Resolution No. CSC/ULC/1091/5(3977)D-III Dated 15- 1-1992 upon the several terms and conditions contained therein; AND 5) WHEREAS, the aforesaid entire land bearing Kh. No. 65/3 of Mouza – SOMALWADA is converted for Non-Agricultural (Residential) Use by the 2 Additional Collector, Nagpur vide his Order Dated 24-2-2003 passed in Revenue Case No. 37/NAP-34/2002-2003; AND 6) WHEREAS, the said Shri. Tanba Namdeo Meshram and Mrs. Sumitra Tanba Meshram lateron prepared a Layout of the said entire land by carving out various Plots of different sizes therein as per the guide lines issued by Government of Maharashtra in the aforesaid Exemption Order dated 10-07- 2001; AND 7) WHEREAS, the said Shri. Tanba Namdeo Meshram and Mrs. Sumitra Tanba Meshram lateron through their Power of Attorney Nagpur Begharmitra Gruha Nirman Sahakari Sanstha Maryadit, Nagpur transferred Plot Nos. 2 and 3 containing by total admeasurement 353.15 Sq. Mtrs. (OR 3800 Sq. Ft.) out of the aforesaid layout of Kh. No. 65/3 of Mouza – Somalwada bearing City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR by way of Sale to Shri. Kisan Kashiprasad Borle, by a Sale Deed dated 9-7-2001 which is duly registered at the Office of the Sub- Registrar, Nagpur-9 in Book No. 1 at Sr. No. 70 on even date; AND 8) WHEREAS, the said Shri. Tanba Namdeo Meshram and Mrs. Sumitra Tanba Meshram lateron through their Attorney Shri Thakur Kishorsingh Ramsingh Bais transferred All That Piece and Parcel of land having an area of 0.20 Hector comprising the Western Portion of the entire land bearing Kh. No. 65/3 of Mouza – Somalwada by way of Sale to Nagpur Beghar Mitra Gruha Nirman Sahakari Sanstha Maryadit, Nagpur, by a Sale Deed dated 01-11-2001, which is duly registered at the Office of the Sub- Registrar, Nagpur-9 in Book No. 1 at Sr. No. 1538 on even date; AND 9) WHEREAS, the said Shri. Tanba Namdeo Meshram and Mrs. Sumitra Tanba Meshram lateron transferred All That Piece and Parcel of land having an area of 0.40 Hector of land out of Kh. No. 65/3 of Mouza – Somalwada by way of Sale to Shri. Sangeet Ashok Chavan, by a Sale Deed dated 17- 01-2003, which is duly registered at the Office of the Sub-Registrar, Nagpur-1 in Book No. 1 at Sr. No. 576 on even date; AND 10) WHEREAS, the aforesaid Shri. Tanba Namdeo Meshram left for heavenly abode on 18-12-2003 and his wife Smt. Sumitrabai Tanba Meshram also left for heavenly abode on 31-12-2006, leaving behind them, their legal heirs namely (i) Shri. Narayan Tanba Meshram, (ii) Shri. Shankar Charandas Kamble, (iii) Shri. Sanjay Charandas Kamble, (iv) Smt. Asha Vinayak Sangole and (v) Smt. Usha Pramod Shambharkar, as their only legal heir, who inherited the aforesaid property by way of intestate succession; AND 11) WHEREAS, consequent upon the death of the aforesaid Shri. Narayan Tanba Meshram, which occurred on 06-07-2007, his share in the aforesaid 3 property devolved upon his widow Smt. Sushilabai Narayan Meshram, two sons namely (i) Shri. Nandu and (ii) Shri. Bhushan and 2 daughters namely (i) Miss. Shilpa @ Sheela Narayan Meshram and (ii) Smt. Leelabai Charandas Kamble, jointly by way of intestate succession, being the only legal heirs of the deceased; AND 12) WHEREAS, the said Smt. Leelabai Charandas Kamble also left for heavenly abode on 02-07-2010 and consequent upon her death, her share in the aforesaid property devolved upon his 2 sons namely (i) Shri Shankar Charandas Kamble and (ii) Shri Sanju Charandas Kamble and 2 married daughters namely (i) Mrs. Asha Vinayak Sangode and (ii) Mrs. Usha Pramod Shambharkar jointly by way of intestate succession, being the only legal heirs of the deceased; AND 13) WHEREAS, the said Beghar Mitra Gruha Nirman Sahakari Sanstha Maryadit, Nagpur lateron transferred Plot No. 13-B containing by admeasurement 310.10 Sq. Mtrs. (OR 3338 Sq. Ft.) out of the layout of Kh. No. 65/3 of Mouza – Somalwada having an area of 0.20 Hectors, bearing City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR by way of Sale to Shri. Motilal Sitaramji Biyani, by a Sale Deed dated 12-01-2006, which is duly registered at the Office of the Sub- Registrar, Nagpur-8 in Book No. 1 at Sr. No. 222 on even date; AND 14) WHEREAS, the said Shri. Sangeet Ashok Chavan lateron transferred Plot No. 2 containing by admeasurement 1026.09 Sq. Mtrs. (OR 11044.74 Sq. Ft.) out of the layout of Kh. No. 65/3 of Mouza – Somalwada having an area of 0.40 Hectors, bearing City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR by way of Sale to Shri. Ganesh Ramkrishna Bhingare and Smt. Kiran Ashok Dhawad, by a Sale Deed dated 03-04-2006, which is duly registered at the Office of the Sub- Registrar, Nagpur-4 in Book No. 1 at Sr. No. 1582 on even date; AND 15) WHEREAS, the said Shri. Sangeet Ashok Chavan lateron transferred Plot No. 3 containing by admeasurement 1076.97 Sq. Mtrs. (OR 11592.41 Sq. Ft.) out of the layout of Kh. No. 65/3 of Mouza – Somalwada having an area of 0.40 Hectors, bearing City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR by way of Sale to Shri. Rajesh Dnyaneshwar Bhoyar and Shri. Mahesh Ramkrishna Bhingare, by a Sale Deed dated 03-04-2006, which is duly registered at the Office of the Sub-Registrar, Nagpur-4 in Book No. 1 at Sr. No. 1581 on even date. 16) WHEREAS, the aforesaid the then Owners namely (i) Shri. Sangeet Ashok Chavan, (ii) Shri. Rajesh Dnyaneshwar Bhoyar, (iii) Shri. Mahesh 4 Ramkrishna Bhingare,(iv) Shri. Ganesh Ramkrishna Bhingare, (v) Smt. Kiran Ashok Dhawad, (vi) M/s. Nagpur Beghar Mitra Gruha Nirman Sahakari Sanstha Limited, Nagpur, (vii) Smt. Vatsalabai Adkuji Zurmure, (viii) Shri. Motilal Sitaram Biyani, (ix) Shri. Nandu Narayan Meshram, (x) Shri. Bhushan Narayan Meshram, (xi) Smt. Sushailabai Narayan Meshram, (xii) Shri. Shilpa Alias Sheela Narayan Meshram, (xiii) Shri. Shankar Charandas Kamble, (xiv) Shri. Sanjay Charandas Kamble, (xv) Smt. Asha Vinayak Sangole and (xvi) Smt. Usha Pramod Shambharkar lateron transferred/sold their respective shares in the aforesaid entire property/layout of Kh. No. 65/3 of MOUZA- SOMALWADA, having an area of 0.61 Hectors bearing City Survey No. 512 and 512/2, Sheet No. 682/22, situated at Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR, jointly by way of Sale to M/s. Ankit Construction, the Vendor named hereinabove, by a Sale Deed dated 25-03-2011, which is duly registered at the Office of the Sub-Registrar, Nagpur-3 in Book No. 1 at Sr. No. 1934 on even date. The said Sale Deed is duly consented by Smt. Sunita Vijay Wankhede, Shri. Ramesh Prem Gajbhiye and Shri. Nilkanthrao Prem Gajbhiye, in the capacity of Consentors. As a result therefore the said M/s. Ankit Construction has now become an exclusive, absolute and full Owner of the aforesaid property with heritable and transferable rights therein and the same is also accordingly mutated in its sole name in all relevant records; AND 17) WHEREAS, the Vendor hereinabovenamed lateron prepared a layout of the said entire land bearing Kh. No. 65/3 by carving out various Plots of different sizes therein and the said layout is also duly sanctioned and approved by the Nagpur Improvement Trust, Nagpur under an Agreement Dated 16-05-2012 made between the Vendor hereinabovenamed and the Nagpur Improvement Trust, Nagpur; AND WHEREAS, the Vendor/Promoter Party later on decided to develop the Project Land into a “RESIDENTIAL ESTATE” by constructing a Multistoried Buildings thereon consisting of various self contained separate Apartments therein; WHEREAS, the Promoter Party does hereby state and declare that there are no impediments attached to the said Project Land. There are no any Tenants or illegal encroachment on the said Project Land and the Vendor has clear possession of the said Project Land. The said Project Land is freehold property and presently for establishing title no separate permission is required to be obtained from Government or any other Authority; WHEREAS the Vendor is in possession of the project land and the Promoter is entitled and enjoined upon to construct building on the project land in accordance with the recitals hereinabove; 5 WHEREAS, the Promoter has proposed to construct on the project land 1 (One) Building, having Ground Floor for Parking and 7 Upper Floors consisting of separate Apartments therein as per sanction plans. 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; WHEREAS, the Promoter shall get the said Project registered under the provisions of the Act with the Real Estate Regulatory Authority within the stipulated time period; WHEREAS, the Promoter Party has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter Party accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings; WHEREAS, on demand from the Purchaser, the Promoter has given inspection to the Purchaser of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter Party's 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. The Purchaser has, prior to the execution hereof perused the Title documents, Building Plans and Specifications of the said Project and the other documents and papers disclosed by the Promoter Party and satisfied herself/himself/themselves about the title of the Vendor to the said Property and/or right of the Promoter Party to sell the same on ownership basis. The Purchaser hereby confirms that the Promoter Party has produced for inspection to the Purchaser, all information and documents and has made full and true disclosure as demanded by the Purchaser and the Purchaser is satisfied with the same and has no further or other information nor disclosure to be required from the Promoter Party; WHEREAS, the authenticated copies of Certificate of Title issued by the advocate of the Promoter Party, authenticated copies of Property card showing the nature of the title of the Vendor to the Project Land on which the Apartments are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; WHEREAS, the Promoter Party had purchased Transferable Development Rights (T.D.R.) of 1900 sq. mtrs. from Shri., Kishore Govindrao Kanhere by way of transfer deed and therefore the built-up area of the building is now increased and the same is now 4807.584 sq. mtrs., the authenticated copies of the plans of the Layout and Building Plans as sanctioned and approved by the local authority have been annexed hereto and marked as Annexure C-1; 6 WHEREAS, the authenticated copies of Specifications of the Apartment agreed to be purchased by the Purchaser have been annexed and marked as Annexure-D; 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 Party 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/s shall be granted by the concerned local authority; WHEREAS, the Promoter Party has an ongoing project and had decided to dedicate the said Project to the provisions of The Maharashtra Apartment Ownership Act, 1970 and a Deed of Declaration u/s 2 of the said Act and has already registered a Deed of Declaration with is duly registered at the office of the Sub- Registrar Nagpur-4 at serial no.1217 dated 20.02.2014 and a amended deed of declaration which is also registered at Sub-Registrar Nagpur-4 at serial no.2381 dated 28.04.2016. The Promoter Party shall be executing another Amended Deed of Declaration before execution of the Sale Deeds in favour of the Purchasers. Thus the said Project will be governed by the provisions of The Maharashtra Apartment Ownership Act, 1970. The provisions of The Maharashtra Apartment Ownership Act, 1970 as well as the terms and conditions contained in the said Deed of Declaration and the Bye-laws appended thereto shall always remain binding upon the Purchaser and her/his/their successors in title; WHEREAS, the Promoter Party has accordingly commenced construction of the said building/s in accordance with the said proposed plans; WHEREAS, the Purchaser has applied to the Promoter Party for purchase of Apartment No. __________ on the _____FLOOR being constructed in the said Project styled as known as “K-SQUARE APARTMENTS”; 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; WHEREAS, prior to the execution of these presents the Purchaser has paid to the Promoter Party a sum of Rs.____________/- (Rupees ____________) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter Party to the Purchaser as advance payment or Application Fee (the payment and receipt whereof the Promoter Party hereby admit and acknowledge) and the Purchaser has agreed to pay to the Promoter Party the balance of the sale consideration in the manner hereinafter appearing; 7 WHEREAS, the Promoter Party has time to register the said Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority and as such the Purchaser is aware about it and the registration shall be completed on the before the due date.; WHEREAS, under section 13 of the said Act the Promoter Party is required to execute a written Agreement for sale of said Apartment with the Purchaser, 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 Promoter Party hereby agrees to sell and the Purchaser 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. THAT, the aforesaid Project consists of a Multisoried Building consisting of Ground Floor and 7(SEVEN) Upper Floors. The Ground Floor shall be utilized for Parking. The Upper Floors shall consists of Separate Apartments to be constructed by the Promoter Party on the said Project Land in accordance with the plans, designs and specifications as approved by the Competent local authority from time to time. 1.a i) The Purchaser hereby agrees to purchase from the Promoter Party and the Promoter Party hereby agrees to sell to the Purchaser Apartment No. _________ of having Built-up area of ___________ Sq. Mtrs. Super Built-up area ______________ Sq. Mtrs. on the ________ Floor in the Building known as styled as “K-SQUARE APARTMENTS’ (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 for the total sale consideration of Rs. _____________/- (RUPEES _____________________________ ONLY) which includes : i) Rs. ___, 00,000/- towards cost of Apartment, ii) Rs. 60,000/- towards cost of Infrastructure, iii) Rs. ______/- being the proportionate price of the common areas, facilities and Infrastructure cost 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. iv) Rs. ___, 00,000/- towards the cost of allotted covered parking space on Ground Floor. 1.b Thus the total aggregate consideration amount for the said Apartment including Covered Parking Space is Rs. ____________/-. 8 1.c The Purchaser has paid on or before execution of this Agreement a sum of Rs. ___________/- (Rupees ______________ Only) (as their own contribution) as advance payment and hereby agrees to pay to the Promoter Party the balance amount of Rs. ___________/- (Rupees ______________ Only) in the following manner:- % STAGE OF PAYMENT Calculation Amount AT THE TIME OF BOOKING VIDE CHEQUE NO.042201 AND 042211. 5% Rs.__________ ON COMPLETION OF FOUNDATION/PLINTH 15% Rs.__________ ON COMPLETION OF GROUND FLOOR SLAB 10% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 1 10% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 2 5% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 3 5% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 4 5% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 5 5% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 6 5% Rs.__________ ON COMPLETION OF SLAB OF FLOOR 7 5% Rs.__________ ON COMPLETION OF BRICK WORK OF FLAT 10% Rs.__________ ON COMPLETION OF PLASTER WORK OF FLAT 5% Rs.__________ ON COMPLETION OF FLOORING WORK OF FLAT 5% Rs.__________ ON COMPLETION OF PAINTING WORK OF FLAT 5% Rs.__________ ON HAND OVER OR SALE DEED WHICHEVER IS EARLIER 5% Rs.__________ Total 100% Rs.__________ 1.d The above mentioned total price/consideration excludes Taxes (consisting of tax paid or payable by the Promoter Party by way of Value Added Tax, Service Tax and Cess, Insurance Premium towards Title of Property & Building or any other taxes, premiums, charges which may be levied and/or payable, in connection with the construction of and carrying out the Project payable by the Promoter Party) up to the date of handing over the possession of the said Apartment. The Purchaser specifically agrees to pay to the Promoter Party all such Taxes & Insurance Premium as and when demanded and shall always keep the Promoter Party indemnified against the same. In the event of implementation of GST Provisions, the increased or decreed incidence of Tax (GST) shall be required to be paid by the Purchaser. It shall be obligatory on the part of Purchaser to pay the amount of VAT, Service Tax (GST as may be applicable) etc. simultaneously with the payment of each installment. 1.e The Purchaser does hereby state and declares that it shall be the sole liability and responsibility of the Purchaser to pay the amount of Tax Deducted at Source (TDS) @ 1.00% and undertaken to credit the same in the appropriate account of Income Tax Department, if applicable at the time of Registration of the Sale Deed. The said amount shall be deducted by the Purchaser from the Sale Consideration payable to the Promoter Party and to credit the same in the appropriate account of Income Tax Department. 9 1.f 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 Party undertakes and agrees that while raising a demand on the Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter Party shall enclose the said Notification / Order / Rules / Regulation published / issued in that behalf to that effect along with the demand letter being issued to the Purchaser, which shall only be applicable on subsequent payments. 1.g THAT the Promoter Party shall be exclusive in-charge of the construction without any let or hindrance or interference by the Purchaser or any other contractor and under no circumstances during the subsistence of this contract, the Purchaser shall enter into any building contract in respect of Apartment with any other Engineer, Architect, Building Contractor or Advisory Agency and such contract, if made by the Purchaser shall be void and shall not be binding upon the Promoter Party. 1.h THAT during the period of building construction the Purchaser with Two days advance intimation to the Promoter Party, may enter upon the said Plot of land to inspect the Plans, specifications, Building materials if available at site and also the workmanship undertaken on the site. 1.i The Promoter Party may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Purchaser to the Promoter Party by discounting such early payments @ 5.5% 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 Purchaser by the Promoter Party. 1.j THAT, the Promoter Party shall confirm the final Carpet Area/Super Built –Up area that has been agreed to be sold to the Purchaser after the construction of the said proposed Multistoried Building is complete and the Occupancy Certificate is granted by the Competent Authority. However it is understood by the Purchaser that the proposed construction is heterogeneous in nature comprising R.C.C. and Brickwork and particularly described in specifications appended hereto. It is understood by the Purchaser that shortcomings inherent to the heterogeneous nature of construction like those due to unequal contraction and expansion of unequal settlement of footings are likely to occur. It is agreed by the Purchaser that on account of practical constraints there will be an allowance of plus or minus Three percent variation in dimensions shown in sanctioned Building Plan or mentioned in this Agreement and no compensation shall be given to the Purchaser for such variations. The total price payable for the carpet area/Super Built up shall be recalculated upon confirmation by the Promoter Party. If there is any reduction in the carpet area/Super Built up beyond 10 the defined limit, then the Promoter Party shall refund the excess money paid by the Purchaser within 45 (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 Purchaser. If there is any increase in the carpet area/Super Built up allotted to Purchaser, the Promoter Party shall demand additional amount from the Purchaser as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1.k The Purchaser do hereby authorizes the Promoter Party 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 Party may in its sole discretion deem fit and the Purchaser undertakes not to object/demand/direct the Promoter Party to adjust her/his payments in any manner. 2.1 THAT, the Promoter Party 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 Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the said Apartment. 2.2 THAT, Time is essence for the Promoter Party as well as the Purchaser. The Promoter Party shall abide by the time schedule for completing the project and handing over the Apartment to the Purchaser and the common areas to the association of the Purchasers after receiving the occupancy certificate or the completion certificate, as the case may be. Similarly, the Purchaser 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 Party as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Promoter Party hereby declares that the Floor Space Index available as on date @1.25 in respect of the project land is 4807. 584 Square Meters only as per 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 Party has disclosed the Floor Space Index of 1.25 as proposed to be utilized by it on the project land in the said Project and Purchaser has agreed to purchase the said Apartment based on the proposed construction and sale of Apartments to be carried out by the Promoter Party by utilizing the proposed FSI if any and on the understanding that the declared proposed FSI shall belong to Promoter Party only. 11 4.1 If the Promoter Party fails to abide by the time schedule for completing the project and handing over the Apartment to the Purchaser, the Promoter Party agrees to pay to the Purchaser, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Purchaser, for every month of delay, till the handing over of the possession. The Purchaser agrees to pay to the Promoter Party, interest at the rate stipulated by State Bank of India being highest Marginal Cost of Lending Rate plus two percent, on all the delayed payment which become due and payable by the Purchaser to the Promoter Party under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Promoter Party. 4.2 Without prejudice to the right of Promoter Party to charge interest in terms of sub clause 4.1 above, on the Purchaser committing default in payment on due date of any amount due and payable by the Purchaser to the Promoter Party under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser committing three defaults of payment of installments, the Promoter Party shall at his own option, may terminate this Agreement: Provided that, Promoter Party shall give notice of fifteen days in writing to the Purchaser, by Registered Post AD at the address provided by the Purchaser and mail at the e-mail address provided by the Purchaser, 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 Purchaser fails to rectify the breach or breaches and/or to make payment of defaulted installments alongwith interest payable thereon, as mentioned by the Promoter Party within the period of 15 (Fifteen) Days of such Notice, then at the end of such notice period, this Agreement shall IPSOFACTO stand cancelled and terminated absolutely forever. Provided further that upon termination of this Agreement as aforesaid, the Promoter Party shall refund to the Purchaser, subject to deduction of a sum of Rs. 1,00,000/- (Rupees One Lakh) Only plus the amount of interest chargeable at the rate prescribed under Clause No. 4.1 of this Agreement, on the defaulted installments from the due date till the date of Cancellation, towards liquidated damages, 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 Purchaser to the Promoter Party. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like with particular brand or price range (if unbranded) to be provided by the Promoter Party in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 6. The Promoter Party shall give possession of the Apartment to the Purchaser on or before 31st day of MAY 2018 but subject however subject to 12 grant of necessary electric and water connections or supply and also subject to the Government restrictions, strike or any notice, order, rule, notification of the Government and / or other public or competent authority or any cause beyond the control of the Promoter Party any other reasonable cause and the Purchaser agree to ignore reasonable delay in getting possession due to any of the above mentioned reasons and / or for any reason beyond the control of the Promoter Party. If the Promoter Party fails or neglects to give possession of the Apartment to the Purchaser on account of reasons beyond his control and of his agents by the aforesaid date, then the Promoter Party shall be liable on demand to refund to the Purchaser the amounts already received by it in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter Party received the sum till the date the amounts and interest thereon is repaid. Provided further that the Vendor/Promoter Party shall not deliver the actual physical possession of the said Apartment to the Purchaser until the entire Consideration including also the charges for installation of Electric and Water Meters, Legal Expenses, Stamp Duty and Registration Fees and Service Tax, VAT Tax, etc. are paid by the Purchaser in full to the Promoter Party hereto. Provided further that the Promoter Party shall be entitled to reasonable extension of time for giving delivery of Apartment on the aforesaid date, if the completion of building in which the 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. (iii) delay in obtaining Government Statutory permissions and compliances therefore including Occupancy Certificate/Completion Certificate. 7.1 Procedure for taking possession – The Promoter Party upon obtaining the Completion Certificate or Occupancy Certificate from the competent authority and the payment made by the Purchaser as per the agreement shall offer in writing the possession of the Apartment to the Purchaser in terms of this Agreement to be taken within 15 (Fifteen) days from the date of issue of such notice and the Promoter Party shall give possession of the said Apartment to the Purchaser. The Promoter Party agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter Party. The Purchaser agree(s) to pay the maintenance charges as determined by the Promoter Party or Association of Purchasers, as the case may be. 7.2 The Purchaser shall take possession of the Apartment within 15 days of the written notice from the Promoter Party to the Purchaser intimating that the said Apartment is ready for use and occupancy. 7.3 THAT the Purchaser hereby agrees not to occupy the said Apartment 13 without prior written permission of the Promoter Party else Purchaser shall be treated as a trespasser. 7.4 THAT the Vendor/Promoter Party does hereby agree with the Purchaser that on receipt of the balance sale price and also upon the payment of Electricity and Water Meter deposits, payment of Legal charges including Stamp Duty and Registration Fees, payment of Sales Tax and all other Taxes and Cesses that may be levied and payable at the time of Registration from Purchaser, the Vendor/Promoter Party will execute a proper Sale Deed relating to the Undivided share and interest in the said Plot of land and also the entire R.C.C. Superstructure comprising Apartment hereby agreed to be sold in favour of the Purchaser or the nominee(s) appointed by the Purchaser and get the same duly registered at the costs of Purchaser in accordance with the law in force provided the Purchaser shall have also paid the entire agreed cost of construction of the Apartment chosen by the Purchaser to the Promoter Party. 7.5 THAT on obtaining the proper Sale Deed relating to the Undivided share and interest in the said Plot of land hereby agreed to be sold, the same will be held by the Purchaser jointly with the other Co-owners thereof. However the Apartment chosen by Purchaser in the proposed multistoried building shall be owned and possessed by the Purchaser exclusively with heritable and transferable rights therein. The common areas and facilities shall vest with the Association of the Apartment Owners for the purpose of maintenance. 7.6 Failure of Purchaser to take Possession of Apartment: Upon receiving a written intimation from the Promoter Party as per clause (7.1) the Purchaser shall take possession of the Apartment from the Promoter Party by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter Party shall give possession of the Apartment to the Purchaser. In case the Purchaser fails to take possession within the time provided in clause 7.1 such Purchaser shall continue to be liable to pay maintenance charges as applicable, to the Promoter Party or the Association, if formed. Under such circumstances the restrictions as may be imposed by the Association shall remain binding upon the Purchaser. 7.7 THAT the Purchaser shall protect the important parts of the building such as columns, beams, walls, slabs of R.C.C., Pardis or other structural portions in the said Apartment and not cause any damage to the structural portions. In the like manner the Purchaser shall not damage water proofing, floor tiles etc. which will result in leakage in the building and thereby weaken the same and endanger the structure. For such unauthorized acts, if done by the Purchaser, then in such event, Purchaser will be solely responsible for any consequences which may arise. The Purchaser shall not be entitled to put pots (Kundi)/Plants etc. in the open passage / lobby. 14 7.8 If within a period of five years from the date of handing over the Apartment to the Purchaser, the Purchaser brings to the notice of the Promoter Party any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter Party at his own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Promoter Party, compensation for such defect in the manner as provided under the Act. In case any defect found in the proprietory items used in construction of said Apartment, the Purchaser shall lodge claim of defects, shortcomings directly with the manufacturer of such item and the Promoter Party shall always cooperate and assist the Purchaser in this regard. It is specifically brought to the notice of the Purchaser that on account of extreme tropical climate, contraction and expansion result in hair cracks to walls and such hair cracks shall not be treated as defects. Provided further that in case of any change or modification to the Specification are effected at the request of the Purchaser, then the defect Liability will not be applicable to such modified Specification items. Similarly if the Purchaser has made modifications, changes or repairs and alterations to the Apartment resulting in damages of any nature, then under such circumstances the Promoter Party shall not be liable for make good of the defect. 8.1 The Purchaser shall use the Apartment or any part thereof or permit the same to be used only for purpose of *Residence” for carrying on any Residential use. He shall use the parking space only for purpose of keeping or parking vehicle. 8.2 THAT it is understood by the Purchaser that the Promoter Party shall display any type of Board, signs, banners etc. on any exterior part of building proposed to be constructed on the said Plot of land and the Purchaser will neither object/disturb it, nor obstruct it's visibility in any way. The Promoter Party shall not pay, nor the Purchaser shall demand any rent etc. for any signs displayed by the Confirming Party. 9.1 That the Promoter Party has decided to dedicate the said Project to the provisions of The Maharashtra Apartment Ownership Act, 1970 and an Amended Deed of Declaration u/s 2 of the said Act shall be executed after utilization of the proposed Floor Space Index and/or before execution of the Sale Deeds in favour of the Purchasers. Thus the said Project will be governed by the provisions of The Maharashtra Apartment Ownership Act, 1970. The provisions of The Maharashtra Apartment Ownership Act, 1970 as well as the terms and conditions contained in the said Deed of Declaration and the Bye-laws appended thereto shall always remain binding upon the Purchaser and her/his/their successors in title. 15 9.2 THAT the Purchaser agrees to incorporate such terms and conditions, stipulations and restrictive covenants in the Sale Deed as are not set forth herein, but which may be deemed necessary or expedient to regulate the easement rights of the other Apartment Owners interse, in accordance with the provisions of The Maharashtra Apartment Ownership Act, 1970 and the rules made thereunder. 9.3 THAT the available open space (excluding the Restricted Area as may be mentioned in the Deed of Declaration), the common areas and common facilities as may be provided in the said Multistoried Building shall be of common use of all the Apartment Owners in the said building and shall always remain undivided and no partition or division of any part thereof will be effected or carried out by the Purchaser severally or jointly with any other Apartment Owner or Owners. 9.4 The Promoter Party shall, within 3 (THREE) Months from the date of amended Deed of Declaration before the execution of sale deed the right, title and the interest of the Vendor/ Promoter Party and/or the dedicate the property to the provisions of The Maharashtra Apartment Ownership Act, as aforesaid, cause to be transferred to the said Association of Apartment Owners, all owners in the said structure of the Building in which the said Apartment is situated. 9.5 Within 15 days after notice in writing is given by the Promoter Party to the Purchaser that the Apartment is ready for use and occupancy, the Purchaser shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes viz. Municipal Corporation Taxes, Cesses, Non Agricultural Assessments, 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 or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Purchaser shall pay to the Promoter Party such proportionate share of outgoings as may be determined. The Purchaser further agrees that till the Purchaser's share is so determined the Purchaser shall pay to the Promoter Party provisional monthly contribution of as determined by the Promoter per month towards the outgoings. The amounts so paid by the Purchaser to the Promoter Party shall not carry any interest and remain with the Promoter Party until handing over the management of the said Building to the Association of Apartment Owners. 10. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER PARTY : The Promoter Party hereby represents and warrants to the Purchaser as follows : 16 i. The Promoter Party 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 project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoter Party 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/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 Promoter Party 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; vi. The Promoter Party 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 Purchaser created herein, may prejudicially be affected; vii. The Vendor and/or Promoter Party 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 Apartment which will, in any manner, affect the rights of Purchaser under this Agreement; viii. The Promoter Party confirms that the Promoter Party is not restricted in any manner whatsoever from selling the said Apartment to the Purchaser in the manner contemplated in this Agreement; ix. The provisions of The Maharashtra Apartment Ownership Act, 1970 shall applicable to this Agreement. x. At the time of execution of the Sale Deed of the Apartment in favour of the Purchaser, the Promoter Party shall handover lawful, vacant, peaceful, 17 physical possession of the common areas of the Structure to the Association of the Apartment Owners; xi. The Promoter Party 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 till the date of completion of the said project. xii. 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 Vendor and/or the Promoter Party in respect of the project land and/or the Project except those disclosed in the title report. 11. The Purchaser or herself/himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter Party as follows :- i. To maintain the Apartment at the Purchaser's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the 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 Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ii. The Purchaser hereby specifically agrees with the Promoter Party that even after taking over the actual possession of the Apartment chosen by Purchaser, the Purchaser will not object or prevent or obstruct the Promoter Party in any way in carrying on and completing the work of other Apartments in the said building and keeping building materials on the available open land. iii. Not to store in the 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 Apartment is 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 Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Purchaser in this behalf, the Purchaser shall be liable for the consequences of the breach. 18 iv. To carry out at her/his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter Party to the Purchaser and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the 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 Purchaser committing any act in contravention of the above provision, the Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. v. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the 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 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 Apartment without the prior written permission of the Promoter Party and/or the Association of the Apartment Owners. vi. Not to do or perform any activity, which will result in damages to the said Apartment and Common area of the Project. The Purchaser shall not be entitled to carry material in Lift, keeping the materials of repairs in open space, bring in any Carriage or transporting Vehicle beyond the sustainable limit of the Floor within the said Project. vii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. viii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. Pay to the Promoter Party within fifteen days of demand by the Developer / Promoter / Confirming Party, 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 Apartment is situated. ix. 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 19 user of the Apartment by the Purchaser for any purposes other than for purpose for which it is sold. x. The Purchaser shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Purchaser to the Promoter Party under this Agreement are fully paid up. xi. The Purchaser shall observe and perform all the rules and regulations which the Association of the Apartment Owners 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 Apartments 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 Purchaser shall also observe and perform all the stipulations and conditions laid down by the Association of the Apartment Owners regarding the occupancy and use of the 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. xii. Till handing over the management of said Building maintenance to the Association of Apartment Owners, the Purchaser shall permit the Promoter Party and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said building or any part thereof to view and examine the state and condition thereof. xiii. In case some of the Apartments in the said Project remains unsold, even after completion of the same, then the Promoter Party shall bear and pay the 50% of regular Maintenance Charges payable for such unsold Apartments. 12. The Promoter Party shall maintain a separate account in respect of sums received by the Promoter Party from the Purchaser as advance or deposit, sums received on account of the maintenance fund, expenses and also towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 13. Nothing contained in this Agreement is intended to be nor shall be construed as a demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Purchaser 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 Party until the management of the said Building maintenance is handed over to the Association of Apartment Owners as hereinbefore mentioned. 20 14. THAT the said property is believed and shall be taken to be correctly described in the Schedule hereunder written and be sold subject to the outgoing agreements, restrictions and rights of the other co-owners of the remaining Undivided share in the said Plot of land and shall not annul this contract/Agreement, nor shall any compensation be allowed in respect thereof to the Purchaser, but all the same such mis-statement, error omission will always be subject to correction by the parties hereto. 15. After the Promoter Party executes this Agreement he shall not mortgage or create a charge on the 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 Purchaser who has taken or agreed to take such Apartment. 16. BINDING EFFECT : Forwarding this Agreement to the Purchaser by the Promoter Party does not create a binding obligation on the part of the Promoter Party or the Purchaser until, firstly, the Purchaser 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 Purchaser and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter Party. If the Purchaser(s) fails to execute and deliver to the Promoter Party this Agreement within 30 (thirty) days from the date of its receipt by the Purchaser and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter Party, then the Promoter Party shall serve a notice to the Purchaser for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Purchaser, application of the Purchaser shall be treated as cancelled and all sums deposited by the Purchaser in connection therewith including the booking amount shall be returned to the Purchaser without any interest or compensation whatsoever. 17. ENTIRE AGREEMENT : This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to 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 apartment/plot/building, as the case may be. 18. RIGHT TO AMEND : This Agreement may only be amended through written consent of the Parties. 19. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT PURCHASERS : 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 Purchasers of the Apartment, in case 21 of a transfer, as the said obligations go along with the Apartment for all intents and purposes. 20. 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. 21. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT : Wherever in this Agreement it is stipulated that the Purchaser has to make any payment, in common with other Purchaser(s) in Project, the same shall be in proportion to the carpet area of the Apartment to the total carpet area of all the Apartment in the said Project. 22. 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. 23. PLACE OF EXECUTION : The execution of this Agreement shall be complete only upon its execution by the Promoter Party through its authorized signatory at the Promoter Party’s Office, or at some other place, which may be mutually agreed between the Promoter Party and the Purchaser, in Nagpur after the Agreement is duly executed by the Purchaser and the Promoter Party 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 Nagpur. 24. The Purchaser and/or Promoter Party shall present this Agreement as well as the Sale Deed at the proper registration Office of registration within the time limit prescribed by the Registration Act and the Promoter Party will attend such Office and admit execution thereof. 25. That all notices to be served on the Purchaser and the Promoter Party as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser or the Promoter Party by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below : 22 1. MR.____________________ 2. MRS._________________________ (Name of Purchaser) Both R/o ___________________________ (Purchaser’s Address) Notified Email ID : ______________ M/s. Ankit Construction (Name of Promoter Party) Trimurti Nagar, (Address of Promoter Party) Notified Email ID : ankit.construction@rediffmail.com It shall be the duty of the Purchaser and the Promoter Party 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 Party or the Purchaser, as the case may be. 26. JOINT PURCHASERS : In case there are Joint Purchasers all communications shall be sent by the Promoter Party to the Purchaser 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 Purchasers. 27. STAMP DUTY AND REGISTRATION : All expenses on account of preparation of all kinds of documents viz. Agreement to Sell, Sale Deed including cost of Stamp Duty, Registration Fees and all other charges and Misc. Expenses including the Lawyer's fees payable in respect thereof have been agreed to be borne and paid by the Purchaser. 28. 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 Maharashtra Real Estate Regulatory Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 29. GOVERNING LAW : 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 Competent Civil Court at NAGPUR will have the jurisdiction for this Agreement. 30. THAT for the matters not specifically covered, the provisions of Transfer or Property Act shall apply. 23 IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this AGREEMET FOR SALE at NAGPUR in the presence of the attesting witnesses, signing as such on the day first above written. FIRST SCHEDULE ABOVE REFERRED TO ALL THAT piece and parcel of the entire land bearing Kh. No. 65/3 of MOUZA – SOMALWADA, P.S.K. 44, parcel of land containing by admeasurement 2402.194 Sq. Mtrs. being a portion obearing Corporation House No. 2926, City Survey No. 512 and 512/2, Sheet No. 682/22, situatedat Somalwada, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 15 in Tahsil and District – NAGPUR and bounded as under : ON THE EAST - ROAD ON THE WEST - KH. NO. 65/1 ON THE NORTH - ROAD ON THE SOUTH - ROAD SECOND SCHEDULE ABOVE REFERRED TO FACILITIES IN THE APARTMENT SCHEME: COMMON AREAS • The staircase area of the building lifts, fire staircase, lobbies, limited podium area on the first floor and common entrances and exits of the building. • Common plinth, terrace area on the top, Margin area around the building and common storage spaces. • Security guard cabin area. • Installation area such as electricity, water, sanitation system. • Water tanks, sumps. Motor, backup unit, ducts all apparatus connected with installation for common use. • Arrangement of water, supply through well/bore well. SCHEDULE ‘A’ (Description of Apartment hereby agreed to be sold) ALL THAT R.C.C. Superstructure comprising Apartment No.___________ covering a Built-up area of ________ Sq. Mtrs. Super Built-up area _________ Sq. Mtrs. situated on the _________Floor in Multistoried Building out of the entire Housing Scheme to be known and styled as “K-SQUARE APARTMENTS”, along with Parking area included in Super Built up area. 24 SR. FINGER PRINT PASSPORT SIZE SIGNATURE & FULL NAME NO (LEFT THUMB) PHOTOGRAPH M/s. ANKIT CONSTRUCTION 01 (________________________________) SHRI. KISHORE S/o GOVINDRAO KANHERE VENDOR/PROMOTER PARTY 02 (________________________________) MR. _____________ PURCHASER 03. (________________________________) MRS. _______________ PURCHASER WITNESSES : (1) _________________ (2) _________________ 25 ANNEXURE – A Title Report ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter Party to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE –D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Purchaser as approved by the concerned local authority) ANNEXURE –E SPECIFICATIONS IN THE BUILDING/COMMON AREA 26