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 _______, 2017, BETWEEN : (1) SHRI. SANDEEP SINGH S/o SHRI. GIRISH SINGH, Aged about 44 Years, Occupation – Business, [Income Tax Permanent Account No. ANXPS- 5924-R], Resident of 36, Abhaynakar Nagar, Near Kasturba Hall, Nagpur, Tahsil and District – NAGPUR, (2) MRS. VARSHA W/o MADHAV SHEMBEKAR, Aged about 64 Years, Occupation – Business, (Income Tax Permanent Account No. ACAPS-9717-Q), Resident of Plot No. 57, PMG Colony, Madhav Nagar, Nagpur, Tahsil and District – NAGPUR, (3) MRS. DEOYANI W/o VIJAY UMALKAR, Aged about 40 years, Occupation – Business, (Income Tax Permanent Account No. AALPU-0639-G) and (4) MRS. KETKI W/o VISHAL UMALKAR, Aged about 35 years, Occupation – Business, (Income Tax Permanent Account No. AALPU- 0638-H), (All Partners of M/s. Maxx Builder and Developers), Nos. 4 and 5 both Residents of Plot No. 90, Ram Nagar, Nagpur, Tahsil and District - NAGPUR, Nos. 4 and 5 both acting through their duly Constituted Attorney SHRI. VISHAL S/o BALWANTRAO UMALKAR, Aged about 40 Years, Occupation – Business, Resident of 260, Gandhi Nagar, Nagpur, Tahsil and District – NAGPUR, hereinafter all jointly called the “VENDORS”, which expression shall unless repugnant to the context or meaning thereof always mean and include the said “VENDORS”, as well as, their respective heirs legal representatives, executors, administrators, successors and assigns of the FIRST PART. AND MRS./SMT./SHRI. __________________________________________, Aged about ________ Years, Occupation - _______________________, Income Tax Permanent Account No. ____________________________, Aadhar Unique Identity No. ___________________________________, 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. AND 1 M/s. MAXX BUILDER AND DEVELOPERS, a Partnership Firm, having its Office at “SHIRISH”, Plot No. 16, South Ambazari Road, Laxmi Nagar, Nagpur, (Income Tax Permanent Account No. _________) and acting through its Partners (1) SHRI. SANDEEP SINGH S/o SHRI. GIRISH SINGH, Aged about 44 Years, Occupation – Business, [Income Tax Permanent Account No. ANXPS- 5924-R], Resident of 36, Abhaynakar Nagar, Near Kasturba Hall, Nagpur, Tahsil and District – NAGPUR, (2) MRS. VARSHA W/o MADHAV SHEMBEKAR, Aged about 64 Years, Occupation – Business, (Income Tax Permanent Account No. ACAPS-9717-Q), Resident of Plot No. 57, PMG Colony, Madhav Nagar, Nagpur, Tahsil and District – NAGPUR, (3) MRS. DEOYANI W/o VIJAY UMALKAR, Aged about 40 years, Occupation – Business, (Income Tax Permanent Account No. AALPU-0639-G) and (4) MRS. KETKI W/o VISHAL UMALKAR, Aged about 35 years, Occupation – Business, (Income Tax Permanent Account No. AALPU- 0638-H), Nos. 3 and 4 both acting through their duly Constituted Attorney SHRI. VISHAL S/o BALWANTRAO UMALKAR, Aged about 39 Years, Occupation – BusinessResident of 260, Gandhi Nagar, Nagpur, Tahsil and District – NAGPUR, hereinafter called the CONFIRMING PARTY/DEVELOPER, which expression shall, unless repugnant to the context or meaning thereof always mean and include the said PARTNERSHIP FIRM and it’s PARTNERS, as well as, their respective Heirs, Legal Representatives, Executors, Administrators, Successors, and Assigns of the THIRD PART. WHEREAS, the Vendors named hereinabove jointly own and possess the property comprising ALL THAT Piece and Parcel of Residential Plots containing by admeasurement 2813.42 Sq. Mtrs. (OR 30283.652 Sq. Ft.), being a portion of land entire land bearing Khasra No. 26/7 (Old Nos. 26/1 & 26/2) of MOUZA – BESA, P.S.K. 38, including all other easementary rights appurtenant belonging thereto, situated at Besa within the limits of the Grampanchayat - Besa in Tahsil – Nagpur (Rural) and District – NAGPUR; WHEREAS, ALL THAT Piece and Parcel of Agricultural land bearing Survey/Khasra/Gut No. 46 of MOUZA – BESA, P.S.K. 38 having an area of 36.16 Acres (i.e. 14.63 Hectares), held in Bhogwatdar Class - 1 Rights, situated at Besa within the limits of the Grampanchayat - Besa in Tahsil – Nagpur (Rural) and District – NAGPUR, Originally belonged to Shri. Mahadeo Pisaram Meshram, being the recorded owner thereof; WHEREAS, the said Shri. Mahadeo Pisaram Meshram lateron Gifted 4 Acres (i.e. 1.618 Hectares) of land out of Survey/Khasra/Gut No. 46 to his son Shri. Khemchand Mahadevrao Meshram, by a Gift Deed Dated 29-12-1975, which is duly registered at the Office of the Sub-Registrar, Nagpur-11 in Book No. 1 at Sr. No. 5195 on even date. The said land having an area of 4.00 Acres further renumbered as Survey/Khasra/Gut No. 26/9 of Mouza – Besa; WHEREAS, after the death of Shri. Mahadeo Pisaram Meshram, a dispute arose in between Meshram Family regarding the aforesaid property which was resulted into the initiation of legal proceeding in the Court of Law and accordingly Shri. 2 Khemchand Mahadeo Meshram had filed a Civil Suit before the Hon’ble 3rd Joint Civil Judge, Nagpur which was registered as Civil Suit No. 862/1977 against the said Shri. Somnath Mahadeo Meshram. The said Court passed an Order in the said suit on 19-02-1991 in favour of Shri. Khemchand Mahadeo Meshram. The legal heirs of the said Shri. Somnath Mahadeo Meshram preferred an appeal against the Order passed by the Hon’ble 3rd Joint Civil Judge, Nagpur before the Hon’ble Court which was registered as Civil Appeal bearing No. 206/91 and the same is dismissed by the Hon’ble Court on 13-01-1999; WHEREAS, the aforesaid Shri. Somanth Mahadeo Meshram further filed an Application before the Hon’ble Court vide Darkhast No. 294/2000 and the said Hon’ble Court appointed Commissioner for the said Order passed by the Hon’ble Court the Commissioner the said Shri. Kemchand Mahadeo Meshram in actual possession of the said property and also accordingly mutated in his name in 7/12 extract; WHEREAS, the aforesaid Shri. Kemchand Mahadeo Meshram lateron transferred/sold 2.00 Acres of land by way of Sale to (i) Shri. Sandeep Girish Singh and (ii) Shri. Prashant Gajanan Tatiwar, by the Sale Deed Dated 29-12- 2009, which is duly registered at the Office of the Sub-Registrar, Nagpur-7 in Book No. 1 at Sr. No. 9098 on even date; WHEREAS, during the course of time the aforesaid Shri. Khemchand Mahadeo Meshram filed a Civil Suit before the Hon’ble Civil Judge, Nagpur which was registered as Civil Suit No. 962/1997 before the 23rd Civil Judge, Junior Division, Nagpur for possession and remaining land of 29.16 Acres of KH. No. 26 (Old No. rd 46). The said 23 Civil Judge, Junior Division, Nagpur passed an Order in the said Suit on 05-01-2007 in favour of Shri. Khemchand Mahadeo Meshram; WHEREAS, the said Shri. Mulchand Mahadeorao Meshram further preferred Second Appeal against the Order Passed by the Civil Judge, Junior Division, Nagpur before the Hon’ble High Court Judicature at Bombay, Bench at Nagpur, which was registered as Second Appeal No. 375/2009. After hearing both the parties at length the Hon’ble Judge passed an Order on 20-04-2010 and thereby dismissed the Appeal and passed the final Order on 05-01-2007. By the said Order passed by the Tahsildar, Nagpur Rural vide his Order No. jk-ek-Ø- 1@,l-vkj- Ogh-@ 43@2009@2010 fnukad 30&01&2010 the said Shri. Khemchand Mahadeo Meshram acquired a perfectly right, title and interest in the said property; WHEREAS, as per Order Dated 05-01-2007, the said property comprising 1/7th Undivided share (i.e. 1.685 Hectares) in the said Kh. No. 26 of Mouza – Besa allotted to Shri. Khemchand Mahadeo Meshram. The said land having an area 1.685 Hectares now renumbered as Survey / Khasra No. 26/7 of Mouza – Besa; WHEREAS, the said Shri. Khemchand Mahadeo Meshram lateron transferred 0.40 Hectare of land (i.e. 1.00 Acre) of land out of the said Survey / Khasra No. 26/7 (Old Nos. 26/1 & 26/2) of Mouza – Besa, P.S.K. 38, having a total area of 1.685 Hectares, Rental Rs. 4.79 Yearly, held in Bhogwatdar Class 1 Rights, 3 situated at Besa, in Tahsil – Nagpur (Rural) and District – NAGPUR by way of Sale to (i) Shri. Sandeep Girish Singh, (ii) Shri. Prashant Gajanan Tatiwar, (iii) Mrs. Varsha Madhav Shembekar, (iv) Mrs. Devyani Vijay Umalkar and (v) Mrs. Ketki Vishal Umalkar jointly, by a Sale Deed Dated 28-12-2015, which is duly registered at the Office of the Sub-Registrar, Nagpur-7 in Book No. 1 at Sr. No. 8939 on even date. While purchasing the said property the aforesaid persons contributed the sale consideration jointly and therefore as per their contribution their share in the aforesaid property was fixed viz; (i) Shri. Sandeep Girish Singh belongs to 25 Percent, (ii) Shri. Prashant Gajanan Tatiwar belongs to 25 Percent, (iii) Mrs. Varsha Madhav Shembekar belongs to 25 Percent, (iv) Mrs. Devyani Vijay Umalkar belongs to 12.5 Percent and (v) Mrs. Ketki Vishal Umalkar belongs to 12.5 Percent; WHEREAS, the aforesaid land having an area of 0.40 Hectares out of Survey / Khasra / Gut No. 26/7 of MOUZA - BESA is converted for Non Agricultural (Residential) Use by the Collector, Nagpur vide its Order Dated 04-02-2017 passed in Revenue Case No. 198/NAP-34/2016-17; WHEREAS, the aforesaid (i) Shri. Sandeep Girish Singh, (ii) Shri. Prashant Gajanan Tatiwar, (iii) Mrs. Varsha Madhav Shembekar, (iv) Mrs. Devyani Vijay Umalkar and (v) Mrs. Ketki Vishal Umalkar lateron jointly decided to develop the said Non Agricultural land into a Layout by carving out various Plots of different sizes therein; WHEREAS, for the purpose of development of said land the aforesaid owners namely (i) Shri. Sandeep Girish Singh, (ii) Shri. Prashant Gajanan Tatiwar, (iii) Mrs. Varsha Madhav Shembekar, (iv) Mrs. Devyani Vijay Umalkar and (v) Mrs. Ketki Vishal Umalkar have jointly entered into an Agreement of Development with the Nagpur Improvement Trust on 15-03-2017 upon several terms and conditions contained therein; WHEREAS, in terms of the said Agreement, the Executive Engineer (Metro), Nagpur Improvement Trust, Nagpur has recommended and approved the layout Plan of said land vide its Letter No. EE/(Metro)/A.E.-1/7731 Dated 16-03-2017; WHEREAS, out of the aforesaid five Persons, one Shri. Prashant Gajanan Tatiwar lateron in his turn transferred/sold his share in the aforesaid property comprising THE UNDIVIDED 25.00 PERCENT share and interest in ALL THAT Piece and Parcel of Residential Plot of land containing by admeasurement 2813.42 Sq. Mtrs. and Amenity space containing by admeasurement 403.41 Sq. Mtrs. thus total area of 3216.83 Sq. Mtrs. being a portion of the entire land bearing Kh. No. 26/7 (Old No. 26/2) having a total area of 0.40 Hectare (OR 4000 Sq. Mtrs.) of Mouza – BESA, P.S.K. 38, situate at Besa, within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR by way of sale to (i) Shri. Sandeep Girish Singh, (ii) Mrs. Varsha Madhav Shembekar, (iii) Mrs. Devyani Vijay Umalkar and (iv) Mrs. Ketki Vishal Umalkar, (All Partners of M/s. Maxx Builder and Developers), the Vendors abovenamed 4 jointly by a Sale Deed Dated 18-07-2017, which is duly registered at the Office of the Joint Sub Registrar, Nagpur Rural No. 7 in Book No. 1 at Sr. No. 6581 on even date. As a result therefore the Vendors hereinabovenamed have now become the Joint/Co-owners of the aforesaid property with heritable and transferable rights therein and the same is also accordingly mutated in their joint names in all relevant records as also in 7/12 Extract; WHEREAS, the Vendors, who are the Partners of the Confirming Party/Developer hereinabovenamed later on jointly decided to develop the Project Land into a “RESIDENTIAL ESTATE” by constructing a Multistoried Building thereon consisting of various self contained separate Apartments therein; WHEREAS, the Vendors/Confirming Party do/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 Vendors have 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 Vendors are in possession of the project land and it is entitled and enjoined upon to construct building on the project land in accordance with the recitals hereinabove; WHEREAS, the Vendors through the Confirming Party hereto have proposed to construct on the project land 1 (ONE) Multistoried Building, having Ground Floor and Four Upper Floors. The entire Ground Floor is meant for Covered/Stilt Parking Area and there are 12 (Twelve) Apartments each on First, Second, Third and Fourth Floors consisting of Parking Area to each Apartment. Thus the said entire Building consisting of 48 (FORTY EIGHT) self contained separate Apartments therein; WHEREAS, the Vendors/Confirming Party have 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 Vendors/Confirming Party have registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at _________ no___________; authenticated copy is attached in Annexure ‘F’; WHEREAS, the Vendors/Confirming Party have appointed Architect Mr. _______________________, having its office at _____________________ who is duly registered with the Council of Architects at CA / _____/ ________; WHEREAS, the Vendors/Confirming Party have also appointed the Structural Engineer Mr. __________________ having their office at __________________________ for structural designs and drawings of the 5 building/s and the Vendor shall accept professional supervision of the Architects and the Structural Engineers till the completion of the building; WHEREAS, the Vendors/Confirming Party have also appointed plumbing engineer __________________ having address at ________________________ to design the water treatment, storage and pipeline infrastructure for the Project; WHEREAS, the Vendors/Confirming Party have also appointed electrical engineer ________________________, having address at _________________________ to design the electrical systems of the Project such as transformers, cabling, wiring, meter room etc.; WHEREAS, the Vendors/Confirming Party have also appointed landscape architect __________________ having their office at __________________________ to design the various landscaping features such as plantation, amenities, entrance gate etc.; WHEREAS, the Vendors/Confirming Party have sole and exclusive right to sell the Apartments in the said building to be constructed by the Vendors/Confirming Party on the Project Land and to enter into Agreement/s with the prospective Purchaser(s)/s of the Apartments to receive the sale consideration in respect thereof; WHEREAS, on demand from the Purchaser, the Vendors/Confirming Party have 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 Vendor's/Confirming Party’s Architects Messrs ____________________ 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 Vendors/Confirming Party and satisfied herself/himself/themselves about the title of the Vendors to the said Property and/or right of the Confirming Party to sell the same on ownership basis. The Purchaser hereby confirms that the Vendors/Confirming Party have produced for inspection to the Purchaser, all information and documents and have 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 Vendors/Confirming Party; WHEREAS, the authenticated copies of Certificate of Title issued by the advocate of the Vendors, authenticated copies of Property card showing the nature of the title of the Vendors to the Project Land on which the Apartments are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; 6 WHEREAS, the authenticated copies of the plans of the Layout and Building Plans as sanctioned and approved by the Building Engineer, Nagpur Metropolitan Region Development Authority, Nagpur Vide his Building Permit No. BE(NMRDA)/B.P./57 Dated 11-10-2017 have been annexed hereto and marked as Annexure C; The Vendors/Confirming Party do/does hereby state and declare that said Building Plan is required to be revised and thus during the course of time the revised Building Plan shall be got approved from the Competent Authority and Purchaser has taken note of the same. 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 Vendors/Confirming 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 shall be granted by the concerned local authority; WHEREAS, the Vendors/Confirming Party have dedicated 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, which is duly registered in the Office of the Sub- Registrar Nagpur-7, in Book No. 1 at Sr. No. ______ dated ______ on even date. 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 Vendors has accordingly commenced construction of the said building through the Confirming Party in accordance with the said sanctioned and approved Building Plans; WHEREAS, the Purchaser has applied to the Vendors/Confirming Party for purchase of Apartment No. ____ on _______ Floor of the said Project; WHEREAS, the carpet area of the said Apartment is ______ square meters; Open Balcony area is ______ square meters; Enclosed Balcony area is ______ square meters; Terrace area is ______ square meters.; WHEREAS, for the purpose of this agreement following areas are defined : Carpet area : As per subsection (k) of Section 2 of the Real Estate (Regulation & Development) Act, 2016, Carpet area of the apartment is defined as the net usable floor area of an apartment, excluding the area covered by the external 7 walls, areas under services shafts, exclusive balcony and exclusive open terrace area but includes the area covered by the internal partition walls of the apartment. Carpet area is shown separately in SCHEDULE-B. Balcony area : For the purpose of this agreement the balcony area is defined as balcony/ enclosed balcony area as shown in the sanctioned building plans by the local authority. Balcony area is shown separately in SCHEDULE-B. Open Terrace Area : For the purpose of this agreement open terrace area is defined as open terrace/ terrace area as shown in the sanctioned building plans by the local authority. Open Terrace area is shown separately in SCHEDULE-B. Common Areas : As per subsection (n) of Section 2 of the Act, common areas are defined as entire land, staircases, lifts, passages, lobbies, entrances, basements, podiums, top terraces, open spaces, open parking areas, area under services, water tanks, sumps, pump rooms, amenities etc. This common area will be calculated for the entire project and will be divided equally over the number of apartments in the project to arrive at proportionate common area of each apartment. 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 Vendors/Confirming Party a sum of Rs. _________/- (Rupees _______________) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Vendors/Confirming Party to the Purchaser as advance payment or Application Fee (the payment and receipt whereof the Vendors/Confirming Party hereby admit and acknowledge) and the Purchaser has agreed to pay to the Vendors/Confirming Party the balance of the sale consideration in the manner hereinafter appearing; WHEREAS, the Vendors/Confirming Party have registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. ________ Dated _______ ; WHEREAS, under section 13 of the said Act the Vendors/Confirming Party are required to execute a written Agreement for sale of said Apartment with the Purchaser for the sale in respect of the said apartment and therefore, Vendors/Confirming Party and the Purchaser are executing present Agreement as a compliance thereof and they shall also register this Agreement under Registration Act, 1908, with the concerned Sub Registrar Office, within a time limit prescribed under the Registration Act. 8 In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Vendor 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 1 (One) Multisoried Building consisting of Ground Floor and Four Upper Floors. The entire Ground Floor is meant for Covered/Stilt Parking Areas. The First, Second, Third & Fourth Floors consisting of 12 (Twelve) Apartments on each Floor. Thus the said entire Building consisting of 48 (FORTY EIGHT) self contained separate Apartments to be constructed by the Vendors/Confirming 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. Provided that the Vendors/Confirming Party shall have to obtain prior consent in writing of the Purchaser in respect of variations or modifications, which may adversely affect the Apartment of the Purchaser, except any alteration or addition required by any Government Authorities or due to change in law. 1.a i) The Purchaser hereby agrees to purchase from the Vendors/Confirming Party and the Vendors/Confirming Party hereby agrees to sell to the Purchaser Apartment No. ___ having carpet area admeasuring ____ Sq. Metres on _______ Floor (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Schedule D for the total sale consideration of Rs. _______/- (Rupees __________________ Only). After due discussions, diligence and negotiations between the Vendors/Confirming Party and the Purchaser, the Purchaser hereby agrees to purchase from the Vendors/Confirming Party and the Vendors/Confirming Party agrees to sell to the Purchaser the Said Apartment for a lump sum consideration Rs. _________/- (Rupees __________________) to be paid by the Purchaser to the Vendors/Confirming Party towards the said Apartment hereinafter referred to as the “Consideration amount”. The Vendors/Confirming Party specifically declares and the Purchaser hereby understood and agrees that the consideration amount of said Apartment is inclusive of cost of Said Apartment and covered parking (if allotted), proportionate price of common areas & facilities which is detailed in Schedule C. The present Agreement shall supersede and prevail over all other prior communications, writings and/or cost sheets, agreed and/or executed by and between the parties. 1.b The Purchaser has paid on or before execution of this Agreement a sum of Rs. __________/- (Rupees ______________________ Only) (not exceeding 10% of the total consideration) as advance payment or Application Fee and hereby agrees to pay to the Vendors/Confirming Party the balance amount of Rs __________/- (Rupees ________________Only) in the following manner :- 9 i) Rs. ____________/- (__________________________________) Only paid by the Purchaser to the Vendors/Confirming Party at the time of Booking. ii) Rs. ____________/- (__________________________________) Only (not exceeding 30% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on execution of this Agreement. iii) Rs. ____________/- (__________________________________) Only (not exceeding 45% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the Plinth of the building / wing in which the said Apartment is located. iv) Rs. ____________/- (__________________________________) Only (not exceeding 70% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the slabs including podiums and stilts of the building or Floor in which the said Apartment is located. v) Rs. ____________/- (__________________________________) Only (not exceeding 75% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. vi) Rs. ____________/- (__________________________________) Only (not exceeding 80% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vii) Rs. ____________/- (__________________________________) Only (not exceeding 85% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located. 10 viii) Rs. ____________/- (__________________________________) Only (not exceeding 95% of the total consideration) agreed to be paid by the Purchaser to the Vendors/Confirming Party on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. ix) Rs. ____________/- (__________________________________) Only agreed to be paid by the Purchaser to the Vendors/Confirming Party against and at the time of handing over of the possession of the Apartment to the Purchaser on or after receipt of occupancy certificate or completion certificate. Rs. (RUPEES __________________________ ____________________ ONLY) 1.c The above mentioned total price/consideration excludes Taxes (consisting of tax paid or payable by the Vendors/Confirming Party by way of GST 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 Vendors/Confirming Party) up to the date of handing over the possession of the said Apartment. The Purchaser specifically agrees to pay to the Vendors/Confirming Party all such Taxes & Insurance Premium as and when demanded and shall always keep the Vendors/Confirming 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 GST as may be applicable etc. simultaneously with the payment of each installment. 1.d 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 Vendors/Confirming Party and to credit the same in the appropriate account of Income Tax Department. 1.e The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges 11 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 Vendors/Confirming Party undertake/s and agree/s that while raising a demand on the Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Vendors/Confirming 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.f THAT the Vendors/Confirming 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 Vendors/Confirming Party. 1.g THAT during the period of building construction the Purchaser with Two days advance intimation to the Vendors/Confirming 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.h THAT, the Vendors/Confirming Party shall confirm the final Carpet 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 shall be recalculated upon confirmation by the Vendors/Confirming Party. If there is any reduction in the carpet area beyond the defined limit, then the Vendors/Confirming 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 allotted to Purchaser, the Vendors/Confirming 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.i The Purchaser does/do hereby authorizes the Vendors/Confirming Party to adjust/appropriate all payments made by him/her under any head(s) of dues 12 against lawful outstanding, if any, in his/her name as the Vendors/Confirming Party may in its sole discretion deem fit and the Purchaser undertakes not to object/demand/direct the Vendors/Confirming Party to adjust her/his payments in any manner. 2.1 THAT, the Vendors/Confirming 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 Vendors/Confirming Party as well as the Purchaser. The Vendors/Confirming 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 Vendors/Confirming Party as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Vendors/Confirming Party hereby declare/s that the Floor Space Index available as on date in respect of the project land is ____ Square Meters only and Vendors/Confirming Party have planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Vendors/Confirming Party have disclosed the Floor Space Index of _______ 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 Vendors/Confirming Party by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Vendors/Confirming Party only. However, the area may increase if there is any additional F.S.I./ T.D.R applicable at a later date. 4.1 If the Vendors/Confirming Party fails to abide by the time schedule for completing the project and handing over the Apartment to the Purchaser, the Vendors/Confirming 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 Vendors/Confirming Party, interest at the rate stipulated by State Bank of India being highest Marginal Cost 13 of Lending Rate plus two percent (@ SBI MCLR plus 2%) per annum, on all the delayed payment which become due and payable by the Purchaser to the Vendors/Confirming Party under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Vendors/Confirming Party. 4.2 Without prejudice to the right of the Vendors/Confirming Party to charge interest on delayed payment, if the Purchaser commits three defaults on making payment as per the stages mentioned Schedule E then the Vendors/Confirming Party shall serve a notice of 15 days in writing to the Purchaser informing its intention to terminate this Agreement and if the Purchaser fails to rectify the breach as mentioned by the Vendors/Confirming Party within a period of 15 days, then the Vendors/Confirming Party shall be entitled to terminate this Agreement and deduct upto 10% of the Consideration Amount towards liquidated damages and other administrative expenses. Balance amount (if any) shall be refunded within 45 days of termination. In the event of termination Vendors/Confirming Party are not responsible to refund any taxes and duties such as GST, stamp duty and registration charges which were paid to the Government and the Purchaser shall apply for refund at their own effort and cost. If the Purchaser wishes to cancel the agreement due to reasons not attributable to the default of the Vendors/Confirming Party, then the Vendors/Confirming Party shall deduct 10% of the Consideration amount towards liquidated damages and other administrative expenses and balance amount (if any) shall be refunded after the apartment has been booked by other Purchaser. In the event of cancellation by Purchaser, the Vendors/Confirming Party are not responsible to refund any taxes and duties such as GST stamp duty and registration charges which was paid to the Government and the Purchaser shall apply for refund at their own effort and cost. 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 Vendors/Confirming Party in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 6. The Vendors/Confirming Party shall give possession of the Apartment to the Purchaser on or before _____ day of _________ 20___ but subject however subject to 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 Vendors/Confirming 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 Vendors/Confirming Party. If the Vendors/Confirming 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 Vendors/Confirming 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 14 same rate as may mentioned in the clause 4.1 herein above from the date the Vendors/Confirming Party received the sum till the date the amounts and interest thereon is repaid. Provided further that the Vendors/Confirming 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 GST, etc. are paid by the Purchaser in full to the Vendors/Confirming Party hereto. Provided further that the Vendors/Confirming 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. If the Vendors/Confirming Party completes the construction before time, then the Purchaser hereby agrees and accepts to pay the consideration amount payable for early completed stage as per payment linked to said stage immediately on demand. No early payment discount will be offered in such case where construction has been completed before the agreed timeline. 7.1 Procedure for taking possession – The Vendors/Confirming 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 Vendors/Confirming Party shall give possession of the said Apartment to the Purchaser. The Vendors/Confirming 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 Vendors/Confirming Party. The Purchaser agree(s) to pay the maintenance charges as determined by the Vendors/Confirming 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 Vendors/Confirming 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 without prior written permission of the Vendors/Confirming Party else Purchaser shall be treated as a trespasser. 7.4 THAT the Vendors/Confirming Party does hereby agree with the Purchaser that on receipt of the balance sale price and also upon the payment of 15 Electricity and Water Meter deposits, payment of Legal charges including Stamp Duty and Registration Fees, payment of GST and all other Taxes and Cesses that may be levied and payable at the time of Registration from Purchaser, the Vendors/Confirming 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 Vendors/Confirming 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. THAT the Vendors/Confirming Party reserves it’s right to erect any additional construction on the available open space or on the top or terrace of the Building if the F.S.I. in relation to the said Plot of land is increased at any future date or by utilizing the Transferable Development Rights (T.D.R.) and in such event the Purchaser shall not prevent or obstruct the Vendors/Confirming Party in so utilising and dealing with such additional F.S.I./T.D.R. and in such event the prospective buyers of such additional Apartments shall also have all the rights of ingress, egress, right to use the staircase and to use all other common amenities and facilities etc. as may be provided to the said building. It is specifically understood and agreed by the Purchaser that the percentage and proportion of Undivided share in the said Plot of land shall always be subject to proportionate reduction if some additional Apartments are constructed thereon by the Vendors/Confirming Party and in such case the Purchaser shall not claim any proportionate refund of the cost price of land. Even after registration of the Sale Deed in favour of Purchaser, the Purchaser shall permit the Vendors/Confirming Party and their surveyors, contractors, engineers and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said land and building or any part thereof to view, examine and/or execute any changes as may required as per direction of the local authority and/or otherwise required to maintain and preserve the state and condition thereof. The Purchaser is well aware that the Promoter will construct building based on Future Potential. The Purchaser assures that after possession of the said Apartment she/he shall not cause any hindrance/ obstruction/ objection to the movement of men and machinery required to construct the future building. 16 7.6 Failure of Purchaser to take Possession of Apartment : Upon receiving a written intimation from the Vendors/Confirming Party as per clause (8.1) the Purchaser shall take possession of the Apartment from the Vendors/Confirming Party by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Vendors/Confirming Party shall give possession of the Apartment to the Purchaser. If the Purchaser fails to take the possession of the apartment within such period then the Purchaser shall be liable to pay interest charges for any such balance delayed amount at a rate equal to the rate as mentioned in the rules and the same shall not construe as delay of handing over of possession by the Vendors/Confirming Party. Further Purchaser shall continue to be liable to pay maintenance charges as applicable, to the Vendors/Confirming 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. The maintenance of Apartment is the primary responsibility of the Purchaser and she/he/they shall always take necessary precautions and preventive measures to ensure that the Apartment is maintained in a good condition. She/he/they shall not cause any such activity that will be harmful to adjoining neighbours and for the building structure. The Purchaser shall carry out at her/his/their 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 Vendors/Confirming 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 provisions, the Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. The Purchaser shall not 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 17 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 Vendors/Confirming Party and/or the Society or the Limited Company The Purchaser shall 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 said land and the building in which the Apartment is situated. 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 Vendors/Confirming Party any structural defect in the Apartment or the building in which the Apartment is situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Vendors/Confirming Party at their/its own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Vendors/Confirming Party, compensation for such defect in the manner as provided under the Act. In case any defect found in the proprietary items used in construction of said Apartment, the Purchaser shall lodge claim of defects, shortcomings directly with the manufacturer of such item and the Vendors/Confirming 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 Vendors/Confirming 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 Residential use. She/He/They shall use the garage or parking space only for purpose of keeping or parking vehicle. 8.2 THAT it is understood by the Purchaser that the Vendors/Confirming 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 Vendors/Confirming Party shall not pay, nor the Purchaser shall demand any rent etc. for any signs displayed by the Vendors/Confirming Party. 9.1 That the Vendors/Confirming Party have dedicated 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, which is duly registered in the Office of the 18 Sub-Registrar Nagpur-7, in Book No. 1 at Sr. No. ______ dated ________ on even date. 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. 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 or any part thereof will be effected or carried out by the Purchaser severally or jointly with any other Apartment Owner or Owners. 9.5 Within 15 days after notice in writing is given by the Vendors/Confirming 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 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. Until the Society or Limited Company is formed and the said structure of the building is transferred to it, the Purchaser shall pay to the Vendors/Confirming 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 Vendors/Confirming Party provisional maintenance amount of Rs.__________/- in addition to the consideration amount, Taxes & Duties mentioned above towards maintenance of the project in separate accounts as under: This maintenance amount shall be deposited before handing over of possession of the said Apartment. This amount is not for any specific period of years and is only a provisional amount towards maintenance charges of the project. The amounts so paid by the Purchaser to the Vendors/Confirming Party shall not 19 carry any interest and remain with the Vendors/Confirming Party until handing over the management of the said Building to the Association of Apartment Owners. Vendors/Confirming Party shall be responsible for providing and maintaining the essential services out of provisional maintenance charges collected from the Purchaser(s) more particularly described in Schedule F, until Vendors/Confirming Party hands over the maintenance account of the Project to Society and/or Association/Condominium as a case may be or till the provisional maintenance amount fund gets exhausted whichever is earlier. It is agreed and understood by the Purchaser that the Provisional Maintenance Amount payable by the Purchaser to the Vendors/Confirming Party are not for maintaining the project for any particular years. Vendors/Confirming Party hereby assures that the provisional maintenance fund shall be used for maintenance purpose only and Vendors/Confirming Party shall maintain the separate bank account for the aforesaid maintenance amount received from all the Apartment Purchasers and this maintenance fund will not be misused by the Vendors/Confirming Party for any other purpose. Upon formation of Society as mentioned above, the Vendors/Confirming Party shall hand over the individual building maintenance fund and balance (if any) to that respective Society and whereas common and Environmental Management Plan maintenance accounts will be handed over to the federation as and when it is formed. There will be no interest levied by the Purchaser on the Vendors/Confirming Party on the maintenance amount. Vendors/Confirming Party shall have sole discretion to decide actual utilization of the maintenance charges collected from the Purchasers and no Purchaser shall be entitle to challenge the same on the ground of reasonability and/or preference. 10. REPRESENTATIONS AND WARRANTIES OF THE VENDORS/CONFIRMING PARTY : The Vendors/Confirming Party hereby represents and warrants to the Purchaser as follows : i. The Vendors/Confirming 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 Vendors/Confirming Party have 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. The Vendors/Confirming Party shall have every right to change and appoint any new consultant as per its discretion & choice. 20 iv. There are no encumbrances upon the project land or the Project except those disclosed in the title report; v. 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; vi. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building shall be obtained by following due process of law and the Vendor has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building and common areas; vii. It is specifically understood and agreed by the Purchaser that the prospectus other advertising material published by the Vendors’/Confirming Party’s from time to time in respect of the project contain various features such as furniture’s, plantation, colors, vehicles, etc. and the same shall not be considered in any manner as agreement between Vendors’/Confirming Party’s and Purchaser. The details mentioned in Schedule C and D hereunder are considered as final, definitive duly negotiated and binding between the parties and supersedes all earlier communications; viii. The Vendors/Confirming Party have 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; ix. The Vendors/Confirming Party have 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; x. The Vendors/Confirming Party confirms that the Vendors/Confirming Party are not restricted in any manner whatsoever from selling the said Apartment to the Purchaser in the manner contemplated in this Agreement; xi. The provisions of The Maharashtra Apartment Ownership Act, 1970 shall applicable to this Agreement. xii. At the time of execution of the Sale Deed of the Apartment in favour of the Purchaser, the Vendors/Confirming Party shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Apartment Owners; xiii. The Vendors/Confirming Party have duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other 21 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. xiv. 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 Vendors/Confirming Party and/or the Vendors/Confirming Party in respect of the project land and/or the Project except those disclosed in the title report. xv. The Purchaser is fully aware that water connection for said Scheme is not yet obtained from Municipal Corporation/Grampanchayat and that the demand for water will be fulfilled either through bore-well or through tanker or any other available source. The Vendors/Confirming Party will only create suitable infrastructure for treatment of this raw water, which will treat the water as per domestic and drinking consumption standards. The Purchaser agrees to pay the necessary water charges, tanker charges and is fully aware about this fact and shall not take any objection regarding this matter and shall keep Municipal Corporation/sanctioning authority/ Vendors/Confirming Party indemnified at all times. xvi. The terrace space adjacent to the Apartment shall belong exclusively to the respective Purchaser of the Apartment and such terrace spaces are intended for the exclusive use of the respective Purchaser. The said terrace shall not be enclosed by the Purchaser till the permission in writing is obtained from the concerned local authority and the Vendor or the Association/ Condominium/ Society as the case may be shall be kept indemnified from any penal action at all times. 11. The Purchaser or herself/himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Vendors/Confirming 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 Vendors/Confirming 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 Vendors/Confirming Party in any way in carrying on and completing the work 22 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. iv. To carry out at her/his/their 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 Vendors/Confirming 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 Vendors/Confirming 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 23 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 Vendors/Confirming Party within fifteen days of demand by the Vendors/Confirming Party, her/his/their 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 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 Vendors/Confirming Party under this Agreement are fully paid up and only if the Purchaser had not been guilty of breach of or nonobservance of any of the terms and conditions of this Agreement and until the Purchaser has intimated in writing to the Vendors/Confirming Party. 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 Vendors/Confirming Party and its/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 Vendors/Confirming Party shall bear 24 and pay the ___% of regular Maintenance Charges payable for such unsold Apartments. 12. The Vendors/Confirming Party shall maintain a separate account in respect of sums received by the Vendors/Confirming 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 her/him/them and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Vendors/Confirming Party until the management of the said Building maintenance is handed over to the Association of Apartment Owners as hereinbefore mentioned. 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 Vendors/Confirming Party executes this Agreement it shall not mortgage or create a charge on the Apartment and if any such mortgage or charge is made or created 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 Vendors/Confirming Party does not create a binding obligation on the part of the Vendors/Confirming 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 Vendors/Confirming Party. If the Purchaser(s) fails to execute and deliver to the Vendors/Confirming 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 Vendors/Confirming Party, then the Vendors/Confirming 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 25 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 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/Plot] 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 Vendors/Confirming Party through its authorized signatory at the Vendor’s/Confirming Party’s Office, or at some other place, which may be mutually agreed between the Vendors/Confirming Party and 26 the Purchaser, in Nagpur after the Agreement is duly executed by the Purchaser and the Vendors/Confirming 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 Vendors/Confirming 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 Vendors/Confirming Party will attend such Office and admit execution thereof. 25. Vendors/Confirming Party specifically communicates to the Purchaser that the Purchaser shall make the payments for Consideration Amount to the Vendors/Confirming Party by Demand Draft or by local cheques drawn in the name of ………………. or by electronic mode of transfer. NEFT/ RTGS details are as under: i. Account Holder Name ………………. ii. Bank Name -: ………………….. iii. Branch -:………………………... iv. Account Number ………………. v. IFSC code.-: …………………….. vi. Account type – ………………… 26. That all notices to be served on the Purchaser and the Vendors/Confirming Party as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser or the Vendors/Confirming Party by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below : _______________________________________ Name of Purchaser _______________________________________ (Purchaser’s Address) Notified Email ID : ________________________________________________ SHRI. SANDEEP SINGH S/o SHRI. GIRISH SINGH & 3 OTHERS Resident of 36, Abhaynakar Nagar, Near Kasturba Hall, Nagpur, Tahsil and District – NAGPUR (Name of Vendors) Notified Email ID : ________________________________________________ It shall be the duty of the Purchaser and the Vendors/Confirming 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 Vendors/Confirming Party or the Purchaser, as the case may be. 27 27. JOINT PURCHASERS : In case there are Joint Purchasers all communications shall be sent by the Vendors/Confirming 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. 28. 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. 29. 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. 30. 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. 31. THAT for the matters not specifically covered, the provisions of Transfer or Property Act shall apply. 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 Description of the Project land ALL THAT Piece and Parcel of Residential Plots containing by admeasurement 2813.42 Sq. Mtrs. (OR 30283.652 Sq. Ft.), being a portion of land entire land bearing Khasra No. 26/7 (Old Nos. 26/1 & 26/2) of MOUZA – BESA, P.S.K. 38, including all other easementary rights appurtenant belonging thereto, situated at Besa within the limits of the Grampanchayat - Besa in Tahsil – Nagpur (Rural) and District – NAGPUR and bounded as under :- ON THE EAST : BY REMAINING LAND OF KH. NO. 26/7, ON THE WEST : BY MAXX SANMAN BUILDING AND KH. NO. 26/9/2, ON THE NORTH : BY HARIHAR NAGAR, ON THE SOUTH : BY REMAINING LAND OF KH. NO. 26/7. 28 Description of the Apartment Name of Building : “MAXX ELITE” Apartment Floor Carpet Enclosed Open Attached Undivided No. Area Balcony Balcony Terrace Share in Sq. Sq. Mtrs. Sq. Sq. Mtrs. Land (%) Mtrs. Mtrs. The said Apartment is bounded as under : ON THE EAST : BY _________________ ON THE WEST : BY _________________ ON THE NORTH : BY _________________ ON THE SOUTH : BY _________________ SCHEDULE – “C” ABOVE REFERRED TO [Description of common areas and facilities] a) The Covered Parking Area on _______ Sq. Mtrs. and uncovered Parking Facility is provided on available open land on the Ground Floor to the said Multistoried Building. b) Common passage leading to the Stair Ways. c) Compound wall on all 4 (FOUR) sides. ___ (____) Grill Gate(s) is/are provided to the said Building for ingress and egress of Apartment Owners. d) The following facilities located throughout the building. i) 1 (ONE) Staircase is provided to the said Building. ii) 1 (ONE) Bore well with electric Motor and Pump. iii) A Sump with Electric Motor and Pump. iv) Plumbing net work, throughout the building. v) Electric wiring network throughout the building. vi) Necessary light and public water connections. vii) __ (___) Overhead Water Tank(s). viii) The foundation and main walls, columns, girders, beams and roofs of the building as described in the plan which forms a part of this Deed as Exhibit-A hereof. ix) ___ (____) Lift/s with Back-up arrangement having capacity of ____ (_____) passengers. x) AND in general all apparatus and installations existing for common use. 29 SCHEDULE – “D” ABOVE REFERRED TO FLOOR PLAN SCHEDULE – “F” ABOVE REFERRED TO MAINTENANCE SCHEDULE Rs. Towards initial Maintenance Deposit to be paid on or before Registration of Sale Deed _____________ Rs. ============ ======================== SL. FINGER PRINT PASSPORT SIZE SIGNATURE & FULL NAME NO. (LEFT THUMB) PHOTOGRAPH 01 1) (SANDEEP SINGH GIRISH SINGH) 02 2) (MRS. VARSHA MADHAV SHEMBEKAR) 03 3) (VISHAL BALWANTRAO UMALKAR) As a duly Constituted Attorney for Vendor Nos. 3 and 4 abovenamed (All Partners of M/s. Maxx Builder and Developers) VENDORS 30 04 (_______________________) PURCHASER FOR M/s. MAXX CONSTRUCTION 05 1) (SANDEEP SINGH GIRISH SINGH) 06 2) (MRS. VARSHA MADHAV SHEMBEKAR) 07 3) (VISHAL BALWANTRAO UMALKAR) As a duly Constituted Attorney for Sr. Nos. 3 and 4 abovenamed (All Partners of M/s. Maxx Builder and Developers) CONFIRMING PARTY WITNESSES : (1) _________________ (2) _________________ 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 to the project land). 31 ANNEXURE –C (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE –D SPECIFICATIONS OF THE APARTMENT ANNEXURE – E (COMMON FACILITIES OF PROJECT) ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) 32