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 , 202 , BETWEEN : RAKESH BALBIRSINGH CHAWLA aged about 58 years, Occp: Business, (PAN:AAYPC6693B) (UID: 737028790914) (Mbl: 9970356570) (Email: guttyngp65@gmail.com) R/o. Plot No. 173, Swami Vivekanand Nagar, Wardha Road, Nagpur, Maharashtra-440015 hereinafter called the “VENDOR”, which expression shall unless repugnant to the context or meaning thereof always mean and include the said “VENDOR” as well as, her/his 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. WHEREAS, the Vendor hereinabove named is an exclusive, absolute and full Owner of the property comprising ALL THAT R.C.C. Superstructures being various Apartments and Shops in the building named and styled as “Krishna Heights” standing on the Piece and Parcel of land admeasuring 1073.11 Sq. Mtrs. of land identified as amalgamated Plot Nos. 22, 23, 24, 25, 26 & 27 having Bhumapan No. & Upavibhag 10/11/22/To/27 (Plot No. 22 admeasuring 157.50 Sq. Mtrs.; Plot No. 23 admeasuring 157.50 Sq. Mtrs.; Plot No. 24 admeasuring 221.48 Sq. Mtrs.; Plot No. 25 admeasuring 221.78 Sq. Mtrs.; Plot No. 26 1 admeasuring 157.50 Sq. Mtrs. and Plot No. 27 admeasuring 157.50 Sq. Mtrs.), out of the sanctioned layout of “Taywade Nagari-II” at the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR and more particularly described in the First Schedule hereunder written (hereinafter referred to as “the project land”) WHEREAS, the Vendor owns ALL THAT Piece and Parcel of land admeasuring 1073.11 Sq. Mtrs. of land identified as amalgamated Plot Nos. 22, 23, 24, 25, 26 & 27 having Bhumapan No. & Upavibhag 10/11/22/To/27 (Plot No. 22 admeasuring 157.50 Sq. Mtrs.; Plot No. 23 admeasuring 157.50 Sq. Mtrs.; Plot No. 24 admeasuring 221.48 Sq. Mtrs.; Plot No. 25 admeasuring 221.78 Sq. Mtrs.; Plot No. 26 admeasuring 157.50 Sq. Mtrs. and Plot No. 27 admeasuring 157.50 Sq. Mtrs.), out of the sanctioned layout of “Taywade Nagari-II” at the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR, being his separate property and is recorded in his name in all relevant records; AND WHEREAS Shri Baban Bhaurao Taywade, Mrs. Sharayu Baban Taywade, Shri Shaunak Baban Taywade, Shri Kiranchandra Rajhansa Nerkar, Mrs. Nilima Kiranchandra Nerkar, Shri Sachin Janardhan Dhote, Shri Eknath Hemraj Gedam, Shri Vinod Yadavrao Wagele, Shri Sanjay Rajaram Choudhari, Shri Ashok Tukaram Fuke, Shri Ramrao Shravan Taywade, Shri Vishnu Ramrao Taywade, Shri Pramod Ramrao Taywade and Mrs. Karuna Suresh Bidwan were the joint, absolute and recorded owners of the agricultural lands admeasuring 1.55 Hectors and 1.54 Hectors, identified as Khasra Nos. 10 and 11 respectively, at Mouza-Beltarodi, Patwari Halka No. 38, situated at Village-Besa, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District Nagpur, being their joint and separate property; AND WHEREAS, The Urban Land (Ceiling and Regulation) Act, 1976 having come into force w.e.f. 17.02.1976, and the aforesaid Shri Baban Bhaurao Taywade and others having held and owned the properties within the limits of the Nagpur Urban/Rural Agglomeration and they had filed their Statement/Return Under Section 6(i) of the said Act before the Additional Collector and Competent Authority, U.L.C., Nagpur which was registered as ULC Case No. 172/2005 and on completion of his enquiry in respect of the aforesaid case, the Competent Authority, U.L.C., Nagpur vide his Order Dated 14.07.2005 under section 8(4) of the said Act declared that 15000 Sq. Mtrs. of land out of Khasra Nos. 10 and 11, at Mouza- Beltarodi, Patwari Halka No. 38, situated at Village-Besa, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District Nagpur as Retainable 2 Land and the remaining land of 15900 Sq. Mtrs. was declared as a Surplus Vacant land within the meaning of the said Act; AND WHEREAS the aforesaid Shri Baban Bhaurao Taywade and others lateron applied for exemption to the aforesaid surplus vacant land containing by admeasurement 15900 Sq. Mtrs. Under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) for providing Plots and Tenements in accordance with the special dispensation issued by the Government Resolution Housing and Special Assistance No. CSC/ULC/1091/5(3977)/D-XIII Dated 15.01.1992 andconsidering their application, the Additional Collector and Competent Authority, U.L.C., Nagpur vide his Order Dated 05.05.2007 passed in Case No. ATP/ULC/TD(532)/Beltarodi/2005/1033 exempted 15900 Sq. Mtrs. of the aforesaid Surplus Land out of out of Khasra Nos. 10 and 11, at Mouza-Beltarodi, Patwari Halka No. 38, situated at Village-Besa, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District Nagpur from the provisions of the said Act Under Talegaon Dabhade Scheme subject upon certain terms and conditions contained therein. WHEREAS in the meanwhile said entire land comprising Khasra Nos. 10 and 11, at Mouza- Beltarodi, Patwari Halka No. 38, situated at Village-Besa, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District Nagpur came to be permitted for non-agricultural purpose by the Collector, Nagpur by passing an Order dated 05.10.2005 in Revenue Case No. 94/NAP-34/2005-2006 and a layout carved therein by demarcating it into various plots of different sizes came to be sanctioned by the Assistant Director, Town Planning, Nagpur vide his Order dated 13.02.2006, passed in Case No. NA/Mouza-Beltarodi/S.No.10/ADTP/687; AND WHEREAS in the meanwhile the aforesaid Shri Baban Bhaurao Taywade and others had entered into an Agreement of Development and Sale dated 19.10.2006 with M/s. Shri Vitthal Builders And Developers in respect of the said entire land comprising Khasra Nos. 10 and 11, at Mouza-Beltarodi, Patwari Halka No. 38, situated at Village-Besa, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District Nagpur and in pursuance with the same aforesaid Shri Baban Bhaurao Taywade and others executed a Power of Attorney in favour of the partner thereof Shri Madhav Wamanrao Deshpande and thereby appointed, authorized and empowered him to do the needful in respect of said entire land; AND WHEREAS lateron said the aforesaid Shri Baban Bhaurao Taywade and others acting through their Power of Attorney Holder Shri Madhav Wamanrao Deshpande and M/s. Shri Vitthal Builders And Developers, acting through its Partner Shri Madhav Wamanrao 3 Deshpande sold the Plot Nos. 22 to 27 out of the said sanctioned layout carved in the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR to Shri Rakesh Balbirsingh Chawla by executing a Sale Deed dated 07.05.2009 and the same is duly registered in the Office of the Sub-Registrar, Nagpur-7, at Serial No. 3290, in Book No. 1, whereby Shri Rakesh Balbirsingh Chawla became sole and absolute owner thereof with heritable and transferable rights therein and his name is duly mutated in all relevant records; AND WHEREAS Nagpur Metropolitan Region Development Authority, an authority appointed by the Government of Maharashtra vide Gazette Notification dated 04.03.2017 by virtue of the regulations framed under section 152, 159 & 159-A of the Maharashtra Regional Town Planning Act, 1966 and being the “Special Planning Authority” the Nagpur Metropolitan Region Development Authority has control over the area in the matter of development of layout of said land including the Plot Nos. 22 to 27 out of the said sanctioned layout carved in the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR; AND WHEREAS the aforesaid owner i.e. Shri Rakesh Balbirsingh Chawla, vide his application dated 14.07.2021 bearing No. 202107148, applied for regularization / Release of the said Plot No. 22 admeasuring 157.50 sq. Mtrs., application bearing No. 202107146, applied for regularization / Release of the said Plot No. 23 admeasuring 157.50 sq. Mtrs., application bearing No. 202107145, applied for regularization / Release of the said Plot No. 24 admeasuring 221.25 sq. Mtrs., application bearing No. 202107144, applied for regularization / Release of the said Plot No. 25 admeasuring 221.78 sq. Mtrs., application bearing No. 202107143, applied for regularization / Release of the said Plot No. 26 admeasuring 157.50 sq. Mtrs. and application bearing No. 202107147, applied for regularization / Release of the said Plot No. 27 admeasuring 157.50 sq. Mtrs.; AND WHEREAS considering the applications and the documents submitted by the said owner Shri Rakesh Balbirsingh Chawla, the Assistant Engineer, Nagpur Metropolitan Development Authority, Nagpur issued demands towards regularization / release charges of the said plot Nos. 22 to 27 and on receipt of the amount as per the demands, said authority i.e. the Assistant Engineer, Nagpur Metropolitan Development Authority, Nagpur released the said Plot No. 22, admeasuring 157.50 Sq. Mtrs. by issuing a Release Letter No. AE/DPC/RL/840, dated 17.03.2022, having Tracking No. 20210818100, similarly Plot No. 23, admeasuring 157.50 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. 4 AE/DPC/RL/837, dated 17.03.2022, having Tracking No. 20210818101, similarly Plot No. 23, admeasuring 157.50 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. AE/DPC/RL/837, dated 17.03.2022, having Tracking No. 20210818101, similarly Plot No. 24, admeasuring 221.48 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. AE/DPC/RL/835, dated 17.03.2022, having Tracking No. 20210818105, similarly Plot No. 25, admeasuring 221.78 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. AE/DPC/RL/839, dated 17.03.2022, having Tracking No. 20210818106, similarly Plot No. 26, admeasuring 157.50 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. AE/DPC/RL/838, dated 17.03.2022, having Tracking No. 20210818107 and similarly Plot No. 27, admeasuring 157.50 Sq. Mtrs. came to be release by the said authority by issuing a Release Letter No. AE/DPC/RL/836, dated 17.03.2022, having Tracking No. 20210818104; AND WHEREAS lateron said owner i.e. Shri Rakesh Balbirsingh Chawla, vide his application No. MRG-M-2, dated 20.04.2022 applied to the Assistant Engineer-I, Nagpur Metropolitan Development Authority for amalgamation of the said plot Nos. 22, 23, 24, 25, 26 and 27 and considering his application and on receipt of the necessary charges as per the demand, said authority issued a Amalgamation Letter bearing No. AE/DPC/RL/959, dated 22.07.2022, having Tracking No. 1011042009; AND WHEREAS lateron said owner i.e. Shri Rakesh Balbirsingh Chawla prepared the plans of the building constructed on the said amalgamated Plot Nos. 22 to 27, totally admeasuring 1073.11 and the same is duly approved and sanctioned by the Nagpur Metropolitan Region Development Authority vide Permit No. B.E. (NMRDA) / South / Nagpur (Rural) / No. 00055 / 20220628138 / 2951, dated 21.04.2023; AND WHEREAS lateron said owner i.e. Shri Rakesh Balbirsingh Chawla submitted entire project named and styled as “Krishna Heights” standing on the Piece and Parcel of land admeasuring 1073.11 Sq. Mtrs. of land identified as amalgamated Plot Nos. 22, 23, 24, 25, 26 & 27 (Plot No. 22 admeasuring 157.50 Sq. Mtrs.; Plot No. 23 admeasuring 157.50 Sq. Mtrs.; Plot No. 24 admeasuring 221.48 Sq. Mtrs.; Plot No. 25 admeasuring 221.78 Sq. Mtrs.; Plot No. 26 admeasuring 157.50 Sq. Mtrs. and Plot No. 27 admeasuring 157.50 Sq. Mtrs.), out of the sanctioned layout of “Taywade Nagari-II” at the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR to the provisions of The Maharashtra Apartment Ownership Act, 1970 by executing a Deed of Declaration dated 02.05.2023 and the same is duly registered in the Office of the Joint Sub- 5 Registrar Class-2, Nagpur Rural No. 7, on even date, at Serial No. 4140/2023, in Book No. 1; AND WHEREAS, the Vendor 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, on demand from the Purchaser, the Vendor 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 Vendor'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 Vendor and satisfied herself/himself/themselves about the title of the Vendor to the said Property and/or to sell the same on ownership basis. The Purchaser hereby confirms that the Vendor 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 Vendor; WHEREAS, the authenticated copies of Certificate of Title issued by the advocate of the Vendor, authenticated copies of Property card or extract of Village Forms VII and XII showing the nature of the title of the Vendor to the Project Land on which the Apartments are constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; WHEREAS, 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; WHEREAS, the authenticated copies of Specifications of the Apartment agreed to be purchased by the Purchaser have been annexed and marked as Annexure-D; 6 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 Vendor 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 Vendor has dedicated the said Project to the provisions of The Maharashtra Apartment Ownership Act, 1970 and a Deed of Declaration dated 02.05.2023 u/s 2 of the said Act has been executed by the Vendor and the same is duly registered in the Office of the Joint Sub-Registrar Class-2, Nagpur Rural No. 7, on even date, at Serial No. 4140/2023, in Book No. 1. 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 Vendor has accordingly completed construction of the said building/s in accordance with the said proposed plans; WHEREAS, the Purchaser has applied to the Vendor for purchase of Apartment No. on Floor in Wing situated in the Building No. being constructed in the phase of the said Project; WHEREAS, the carpet area of the said Apartment is square meters; Open / Enclosed Balcony area is square meters; Terrace area is square meters, and "Carpet Area" means the net usable floor area of an apartment (excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Purchaser or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Purchaser), but includes the area covered by the internal partition walls of the 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 Vendor a sum of Rs. (Rupees ) only, being part payment of the sale 7 consideration of the Apartment agreed to be sold by the Vendor to the Purchaser as advance payment or Application Fee (the payment and receipt whereof the Vendor both hereby admit and acknowledge) and the Purchaser has agreed to pay to the Vendor the balance of the sale consideration in the manner hereinafter appearing; WHEREAS, the Vendor has proposed to register the said Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority; WHEREAS, under section 13 of the said Act the Vendor 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 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 a Multisoried Building / consisting of Ground Floor and 5 (Five) Upper Floors. There shall be Twelve (12) Commercial Shops / Blocks on the Ground Floor and rest of the Ground Floor shall be utilized for Parking. The Upper Floors i.e. First to Fourth Floors shall consists of 06 (Six) Apartments each and the Fifth Floor shall consists of 02 (Two) Apartments and Open Terrace constructed by the Vendor 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 Vendor and the Vendor hereby agrees to sell to the Purchaser Apartment No. of the type having carpet area admeasuring Sq. Metres on Floor in the Building/Wing (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto 8 annexed and marked Annexures C-1 and C-2 for the total sale consideration of Rs. /- (Rupees Only) which includes : i) Rs. /- towards cost of Apartment, ii) Rs. /- 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. /- towards the cost of allotted Garage bearing No. situated at Basement and/or stilt and /or podium. (If Applicable) v) Rs. /- towards the cost of allotted covered parking space bearing No. situated at Basement and/or Stilt and/or Podium. (If Applicable) (The price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 1.b Thus the total aggregate consideration amount for the said Apartment including Garage/Covered Parking Space is Rs. /-. 1.c 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 Vendor the balance amount of Rs /- ( Rupees Only) in the following manner:- i) Rs. /- ( ) Only (not exceeding 30% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of execution of this Agreement. ii) Rs. /- ( ) Only (not exceeding 45% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of completion of the Plinth of the building / wing in which the said Apartment is located. iii) Rs. /- ( ) Only (not exceeding 70% of the total consideration) agreed to be 9 paid by the Purchaser to the Vendor within days from the date of completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. iv) Rs. /- ( ) Only (not exceeding 75% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v) Rs. /- ( ) Only (not exceeding 80% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi) Rs. /- ( ) Only (not exceeding 85% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located. vii)Rs. /- ( ) Only (not exceeding 95% of the total consideration) agreed to be paid by the Purchaser to the Vendor within days from the date of 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. viii) Rs. /- ( ) Only agreed to be paid by the Purchaser to the Vendor 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. 10 Rs. (RUPEES ONLY) 1.d The above mentioned total price/consideration excludes Taxes (consisting of tax paid or payable by the Vendor by way of Value Added Tax, Service Tax and Cess, Insurance Premium towards Title of Property & Building, Goods And Service Tax 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 Vendor) up to the date of handing over the possession of the said Apartment. The Purchaser specifically agrees to pay to the Vendor all such Taxes & Insurance Premium as and when demanded and shall always keep the Vendor 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 Vendor and to credit the same in the appropriate account of Income Tax Department. 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 Vendor 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 Vendor 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 Vendor 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 11 Contractor or Advisory Agency and such contract, if made by the Purchaser shall be void and shall not be binding upon the Vendor. 1.h THAT during the period of building construction the Purchaser with Two days advance intimation to the 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.i The Vendor may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Purchaser to the Vendor by discounting such early payments @ % 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 Vendor. [If applicable] 1.j The Promoter shall confirm the final carpet area that has been allotted to the Allottee/s after the construction of the building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee/s within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee/s. If there is an increase in the carpet area allotted to Allottee/s, the Promoter shall demand an additional amount from the Allottee/s as per the next milestone of the Payment Plan. All such mandatory adjustments shall be made at the same rate per sq. meter is agreed in this agreement. 1.k The Purchaser do hereby authorizes the Vendor 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 Vendor may in its sole discretion deem fit and the Purchaser undertakes not to object/demand/direct the Vendor to adjust her/his payments in any manner. 12 2.1 THAT, the Vendor 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 Vendor as well as the Purchaser. The Vendor 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 instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Vendor as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Vendor hereby declares that the Floor Space Index available as on date in respect of the project land is Square Meters only and Vendor has planned to utilize Floor Space Index of by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Vendor has disclosed the Floor Space Index of as to be utilized by him 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 Vendor by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Vendor only. 4.1 If the Vendor fails to abide by the time schedule for completing the project and handing over the Apartment to the Purchaser, the Vendor 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 Vendor, 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 Vendor under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Vendor. 13 4.2 Without prejudice to the right of Vendor 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 Vendor 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 instalments, the Vendor shall at his own option, may terminate this Agreement: Provided that, Vendor 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 Vendor 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 shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter." 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like with particular brand or price range (if unbranded) to be provided by the Vendor in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 6. The Vendor 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 Vendor 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 Vendor. If the Vendor fails or neglects to give possession of the Apartment to the Purchaser on account of 14 reasons beyond his control and of his agents by the aforesaid date, then the Vendor 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 Vendor received the sum till the date the amounts and interest thereon is repaid. Provided further that the Vendor/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 Service Tax, VAT Tax, etc. are paid by the Purchaser in full to the Vendor hereto. Provided further that the Vendor 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 – Provided that the Promoter shall be entitled to a reasonable extension of time for giving delivery of said Apartment on the aforesaid date if the completion of Building in which the said Apartment is situated is delayed on account of: - (i) war, civil commotion or act of God ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession – The Vendor 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 Vendor shall give possession of the said Apartment to the Purchaser. The Vendor agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Vendor. The Purchaser agree(s) to pay the maintenance charges as determined by the Vendor 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 Vendor 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 Vendor else Purchaser shall be treated as a trespasser. 15 7.4 THAT the Vendor/Confirming 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/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 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. 7.6 Failure of Purchaser to take Possession of Apartment : Upon receiving a written intimation from the Vendor as per clause (8.1) the Purchaser shall take possession of the Apartment from the Vendor by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Vendor shall give possession of the Apartment to the Purchaser. In case the Purchaser fails to take possession within the time provided in clause 8.1 such Purchaser shall continue to be liable to pay maintenance charges as applicable, to the Developer 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. 16 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 Vendor any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Vendor 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 Vendor, 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 Vendor 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 Vendor 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. (*strike of which is not applicable) He 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 Vendor 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 Vendor shall not pay, nor the Purchaser shall demand any rent etc. for any signs displayed by the Confirming Party. 9.1 That the Vendor has 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 has been executed. 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. 17 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 Vendor shall, within ( ) Months from the date of dedication of the said property to the provisions of The Maharashtra Apartment Ownership Act, as aforesaid, cause to be transferred to the said Association of Apartment Owners, all the right, title and the interest of the Vendor/ Vendor and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. FORMATION OF SOCIETY 10.1 `In the absence of local laws, the association of allottees by whatever name called shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building as the case may be, in the project. 10.2 Where a Co-operative Housing Society the Promoter shall submit the application in that behalf to the Registrar for registration of a Co- operative Housing Society under the Maharashtra Co-operative Societies Act,1960 or a company or any other legal entity, within three months from the date or which fifty-one per cent of the total number of allottees in such a building or a wing have booked their apartment. 10.3 The Promoter then shall submit an application to the Registrar for registration of the Co-operative Society or the company application to the Registrar for registration of the co-operative society or the company to form and register an Apex Body in form of a Federation or Holding entity consisting of all such entities in the layout formed as per clause(i) 18 of Sub-rule (7) of e 9(1-)(i) herein above. Such application shall be made within a period of three moths from the date of the receipt of Occupation Certificate of the last of the building which was to be constructed in the layout. 10.4 Provided that in the absence of any local law conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from the date of issue of occupancy certificate. 10.5 Period for Conveyance of title, by Promoter, to the legal entity of allottees in case of the single building project. The Promoter shall (subject to his right to dispose of the remaining apartments, if any) execute the conveyance of title within three months from the date of issue of the occupancy certificate 10. REPRESENTATIONS AND WARRANTIES OF THE VENDOR : i. The Vendor 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 Vendor 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 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/wing and common areas; 19 vi. The Vendor 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 Vendor 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 Vendor confirms that the Vendor is not restricted in any manner whatsoever from selling the said Apartment to the Purchaser in the manner contemplated in this Agreement; 1 10 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 Vendor shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Apartment Owners; xi. The Vendor 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 Vendor 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 Vendor 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 Vendor that even after taking over the actual possession of the Apartment chosen by Purchaser, the Purchaser will not object or prevent or obstruct the Vendor 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 20 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 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 Vendor 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 Vendor 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. 21 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 Vendor within fifteen days of demand by the Vendor, 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 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 Vendor 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 Vendor 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 Vendor shall bear and pay the % of regular Maintenance Charges payable for such unsold Apartments. 22 12. The Vendor shall maintain a separate account in respect of sums received by the Vendor 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 Vendor 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 Vendor 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 Vendor does not create a binding obligation on the part of the Vendor 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 Vendor. If the Purchaser(s) fails to execute and deliver to the Vendor 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 Vendor, then the Vendor 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 23 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 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 24 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 Vendor through its authorized signatory at the Vendor’s Office, or at some other place, which may be mutually agreed between the Vendor and the Purchaser, in Nagpur after the Agreement is duly executed by the Purchaser and the Vendor 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 Vendor 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 Vendor will attend such Office and admit execution thereof. 25. That all notices to be served on the Purchaser and the Vendor as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser or the Vendor 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 : (Name of Vendor name) SHRI RAKESH BALBIRSINGH CHAWLA (Address of Vendor) Plot No. 173, Swami Vivekanand Nagar, Wardha Road, Nagpur, Maharashtra-440015 Notified Email ID : guttyngp65@gmail.com It shall be the duty of the Purchaser and the Vendor 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 Vendor or the Purchaser, as the case may be. 26. JOINT PURCHASERS : In case there are Joint Purchasers all communications shall be sent by the Vendor to the Purchaser whose name appears first and at the address 25 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. 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 land admeasuring 1073.11 Sq. Mtrs. of land identified as amalgamated Plot Nos. 22, 23, 24, 25, 26 & 27 having Bhumapan No. & Upavibhag 10/11/22/To/27 (Plot No. 22 admeasuring 157.50 Sq. Mtrs.; Plot No. 23 admeasuring 157.50 Sq. Mtrs.; Plot No. 24 admeasuring 221.48 Sq. Mtrs.; Plot No. 25 admeasuring 221.78 Sq. Mtrs.; Plot No. 26 admeasuring 157.50 Sq. Mtrs. and Plot No. 27 admeasuring 157.50 Sq. Mtrs.), out of the sanctioned layout of “Taywade Nagari-II” at the land comprising Khasra Nos. 10 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat-Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR and the same is bounded as under: 26 ON THE EAST : 9.00 MTRS. WIDE ROAD ON THE WEST : 9.00 MTRS. WIDE ROAD ON THE NORTH : 9.00 MTRS. WIDE ROAD ON THE SOUTH : PLOT NOS. 21 and 28 SECOND SCHEDULE ABOVE REFERRED TO [Here set out the nature, extent and description of common areas and facilities.] SPACE FOR SIGNATURE, PHOTO & THUMB IMPRESSION SCHEDULE ‘A’ ALL THAT R.C.C. Superstructures Covering Builtup Area of Sq. Mtrs. Comprising Apartments / Shops No. , Situated on the Floor of the building named and styled as “Krishna Heights” standing on the Piece and Parcel of land admeasuring 1073.11 Sq. Mtrs. of land identified as amalgamated Plot Nos. 22, 23, 24, 25, 26 & 27 having Bhumapan No. & Upavibhag 10/11/22/To/27 (Plot No. 22 admeasuring 157.50 Sq. Mtrs.; Plot No. 23 admeasuring 157.50 Sq. Mtrs.; Plot No. 24 admeasuring 221.48 Sq. Mtrs.; Plot No. 25 admeasuring 221.78 Sq. Mtrs.; Plot No. 26 admeasuring 157.50 Sq. Mtrs. and Plot No. 27 admeasuring 157.50 Sq. Mtrs.), out of the sanctioned layout of “Taywade Nagari-II” at the land comprising Khasra Nos. 10 27 and 11 of Mouza-Beltarodi, Patwari Halka No. 38, within the limits of Grampanchayat- Besa (Beltarodi), in Tahsil Nagpur (Rural) and District NAGPUR and the same is bounded as under: ON THE EAST : 9.00 MTRS. WIDE ROAD ON THE WEST : 9.00 MTRS. WIDE ROAD ON THE NORTH : 9.00 MTRS. WIDE ROAD ON THE SOUTH : PLOT NOS. 21 and 28 SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT 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/Vendor to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Vendor and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project ) 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) 28 ANNEXURE – E (Specification and amenities for the Apartment), ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) RECEIPT Received of and from the Purchaser above named the sum of Rupees on execution of this agreement towards Earnest Money Deposit or application fee. I say received. The Vendor. 29