Annexure “A” Model Form of Agreement to be entered into between PROMOTER and Allottee(s) (See rule 10(1)) EXPLANATORY NOTE This is a model form of Agreement, which may be modified and adapted in eachcase having regard to the facts and circumstances of respective case but in any event, matter and substance mentioned in those clauses, which are in accordance with the statute and mandatory according to the provisions of the Act shall be retained in each and every Agreement executed between the PROMOTER and Allottee. Any clause in this agreement found contrary to or inconsistent with any provisions of the Act, Rules and Regulations would be void ab-initio. This Agreement for Sale {‘AGREEMENT’} is made & executed at _________ on this_____ day of May in the year Two Thousand and _____________. BY & BETWEEN 01. M/S SAPPHIRE INFRAVENTURES, {PAN : AELFS9137B} a Partnership Firm having its Office at 210, Timber Bhawan Road, Lakadganj, Nagpur – 440008 acting through its Partner SHRI JANAK S/O KISHOR PATEL, {PAN : CXMPP6125L} {UID : 4936 1796 4267} aged about 27 years, Resident of 86, Umiya Bhawan, Near Jalaram Mandir, Quetta Colony, Nagpur - 440008, hereinafter known and referred to as the " PROMOTER /DEVELOPER" which expression shall unless repugnant to the context or meaning thereof always mean and include PROMOTER as well as it’s Partners, their heirs, legal representatives, administrators and assigns or any other person claiming for or through them of the PARTY OF THE FIRST PART, AND; 02. SHRI ......................................, {PAN : ................ } {UID : ................ } aged about ..... years, 03. SMT. ......................................,, {PAN : ................ } {UID : ................ } aged about ..... years, Both Occupation : Business/Service, Resident of .................................................................. Nagpur – 4400....., hereinafter known and referred to as the “PURCHASER/S” which term shall unless repugnant to the context or meaning thereof always mean and include the ALLOTTEE/PURCHASER as well as his/her/their heirs, legal representatives, Successors, executors, administrators and assigns of THE SECOND PART, AND; 2 04. SHRI NARSHI S/O DEOSI PATEL, {PAN : AAOPP5328A} {UID : 6845 6945 4102} aged about 68 years, Occupation : Business, 05. SMT. NARMADABEN S/O NARSHI PATEL, {PAN : AAOPP5308E} {UID : 2156 7726 0864} aged about 63 years, Occupation : Housewife, Both Resident of 1094, 10TH, Main Road, R P C Lay Out, Bangalore North - 560040, at present at Lakadganj, Nagpur - 440008 06. SHRI RATANSHI S/O DEOSI PATEL, {PAN : ADApp7086l} {UID : 4506 4604 2024} aged about 71 years, Occupation : Business, 07. SMT. GANGABEN W/O RATANSHI PATEL, {PAN : ABZPP1585D} {UID : 7614 0552 3558} aged about 68 years, Occupation : Housewife, Both Resident of 3, 14th Main Road, Alliguppa, Vijayanagar 2nd State, Bangalore North - 560040, at present at Lakadganj, Nagpur - 440008 08. SMT. VASANTIBEN WD/O MANILAL PATEL, {PAN : AEOPP6770J} {UID : 2298 8193 3452} aged about 75 years, Occupation : Housewife, 09. SHRI MAHESH S/O MANILAL PATEL, {PAN : ACOPP0292M} {UID : 6113 1340 6700} aged about 58 years, Occupation : Business, 10. SHRI AJAY S/O MANILAL PATEL, {PAN : ACOPP0291J} {UID : 4449 4237 4475} aged about 53 years, Occupation : Business, All Resident of 1048, 10TH Main Road, Umiya Bhawan, Hampi Nagar, R P C Lay Out, Vijay Nagar, 2nd Stage, Bangalore North - 560040, at present at Lakadganj, Nagpur - 440008 11. SMT. JETHIBEN WD/O DEOSI PATEL, {PAN : AAOPP2696M} {UID : 3123 2374 5373} aged about 91 years, Occupation : Housewife, Resident of 86, Umiya Bhawan, Near Jalaram Mandir, Quetta Colony, Nagpur - 440008, 12. SHRI KISHOR S/O DEOSI PATEL, {PAN : AAOPP5309F} {UID : 5886 8853 1015} aged about 60 years, Occupation : Business, Resident of 86, Umiya Bhawan, Near Jalaram Mandir, Quetta Colony, Nagpur - 440008, All acting through constituted Attorney one of the owner SHRI KISHOR S/O DEOSI PATEL, {Power of Attorney dt. …......2022 registered with Sub Registrar, ............... at Book No. ..... at Sr. No. ………. dt. ............2022}, hereinafter known and referred to as the "CO- PROMOTERS /LAND OWNERS" which expression shall unless repugnant to the context or meaning thereof always mean and include CO- PROMOTERS / LAND OWNERS, as well as their heirs, legal representatives, administrators and assigns or any other person claiming for or through him of the PARTY OF THE THIRD PART, AND; 3 WHEREAS, the CO- PROMOTERS /LAND OWNERS are the owners of land and the PROMOTER is the developer in respect of ALL THAT piece and parcel of Nagpur Improvement Trust Leasehold land bearing Plot No. 86, admeasuring about 873.93 Sq. Mtrs. i.e. 9407.003 Sq. Ft. (as per City Survey Records 873.40 Sq. Mtrs.) in Central Road Section III Scheme of Nagpur Improvement Trust, Lakadganj La Out, Circle No. 11/16, Division 3, bearing City Survey No. 213, Sheet No. 177, Mauza : NAGPUR, bearing Municipal House No. 53, 53/A, 53/1, 53/B, 53/A/1, 53/B/1, Ward No. 23, situated at Lakadganj, Nagpur, within the limits of Nagpur Municipal Corporation, Tahsil and District : Nagpur and more particularly described in the Schedule hereunder written (hereinafter referred to as “the project land”), WHEREAS, a) That, originally the said plot was allotted by Nagpur Improvement Trust, Nagpur to Shri Panchan Narayan Ramani and Nagpur Improvement Trust, Nagpur executed lease of the said plot of land for a term commencing from 24.12.1957 and ending on 31.03.2057 by Indenture of Lease dt. 21.11.1964 registered with Joint Sub Registrar, Nagpur City at Doc. Sr. No. 2912 at Book No. 1, Volume No. 17 at pages 16 to 18 at Sr. No. 2912 dt. 25.11.1964. b) That, said Shri Pachan Narayan Ramani and brothers constructed a house property on the said Plot of land in accordance with the Building Plan sanctioned by the Building Engineer, Nagpur Improvement Trust, Nagpur and the said property is known as Ramani Bhavan. c) That, though the lease of the said plot was executed in favour of Shri Panchan Narayan Ramani, but the said property alongwith construction was owned by Shri Panchan Narayan Ramani alongwith brothers Ratansi Narayan Patel and Ramji Narayan Patel, and they divided the construction between themselves. d) That, said Shri Pachan Narayan Ramani sold the said Ground Floor Eastern Block to Shri Jivraj Ramji Ramani by Sale Deed dt. 24.01.1974 registered with Joint Sub Registrar, Nagpur – II at Book No. I at Sr. No. 188 dt. 24.01.1974. e) That, said Shri Jivraj Ramji Ramani sold Ground Floor Eastern Block alongwith 1/6th undivided share in Plot No. 86 to Shri Kishor Deosi Patel by Sale Deed dt. 03.10.1981 registered with Joint Sub Registrar-III, Nagpur at Book No. I at Sr. No. 4951 dt. 03.10.1981. f) That, said Shri Panchan Narayan Patel sold First Floor Eastern Block alongwith 1/6th undivided share in Plot No. 86 to Smt. Jethiben Deosi Patel by Sale Deed dt. 03.10.1981 registered with Joint Sub Registrar - III, Nagpur at Book No. I at Sr. No. 4952 dt. 03.10.1981. 4 g) That, said Shri Ramji Narayan Patel sold Ground Floor Western Block alongwith 1/6th undivided share in Plot No. 86 to Shri Deosi Kanji Patel by Sale Deed dt. 31.01.1984 registered with Joint Sub Registrar - III, Nagpur at Book No. 1 at Sr. No. 479 dt. 11.06.1984. h) That, said Shri Ratanshi Narayan Patel sold Ground Floor Middle Block alongwith 1/6th undivided share in Plot No. 86 to Shri Manilal Kanji Patel by Sale Deed dt. 31.01.1984 registered with Joint Sub Registrar - III, Nagpur at Book No. 1 at Sr. No. 480 dt. 11.06.1984. i) That, said Shri Ramji Narayan Patel sold First Floor Western Block alongwith 1/6th undivided share in Plot No. 86 to Shri Narsi Deosi Patel and Smt. Narmadaben Narsi Patel by Sale Deed dt. 31.01.1984 registered with Joint Sub Registrar - III, Nagpur at Book No. 1 at Sr. No. 481 dt. 11.06.1984. j) That, said Shri Ratanshi Narayan Patel sold First Floor Middle Block alongwith 1/6th undivided share in Plot No. 86 to Shri Ratanshi Deoshi Patel and Smt. Gangaben Ratanshi Patel by Sale Deed dt. 31.01.1984 registered with Joint Sub Registrar - III, Nagpur at Book No. 1 at Sr. No. 482 dt. 11.06.1984. k) That, one of the co-owner Shri Deosi Kanji Patel expired on 18.08.2008 and said Shri Deosi Kanji Patel executed his Last Will & Testament dt. 05.02.2005 registered with Sub Registrar, Nagpur – 2 at Book No. 3 at Sr. No. 782 dt. 05.02.2005 wherein he bequeathed his share in the said property to his four sons Shri Manilal Deosi Patel, Shri Ratanshi Deosi Patel, Shri Narsi Deosi Patel and Shri Kishor Deosi Patel, and accordingly his share in the said property was devolved on the said co-owners. l) That, one of the co-owner Shri Manilal Deosi Patel expired on 05.09.2010 and on his death his share in the said property was devolved on the legal heirs, viz. Smt. Vasantiben Manilal Patel, Shri Mahesh Manilal Patel and Shri Ajay Manilal Patel. m) That the owners got the sanction of the proposed Building Plan sanctioned by Assistant Director, Town Planning Department, Nagpur Municipal Corporation, Nagpur vide Building Permit No. 77/BP/Nagpur/TP/NMC/1764 dt. 10.05.2022. n). That, the CO- PROMOTERS / LAND OWNERS here-in entered into an Agreement of Development dt. .......2022 with M/s Sapphire Infraventures, a Partnership Firm having its Office at 210, Timber Bhawan Road, Lakadganj, Nagpur, the PROMOTER here-in in respect of the said property registered with Sub Registrar, Nagpur – 5 at Book No. 1 at Sr. No. ........ dt. .......2022 wherein the land owner and Developer has specifically agreed to share the construction between themselves. 5 o). That, in pursuance to the said Agreement of Development the Developer/ PROMOTER M/s Sapphire Infraventures, is developing the said land in four buildings as sanctioned and submitted the said entire project under the provisions of the Maharashtra Apartment Ownership Act, 1970 u/s 2 by executing a Deed of Declaration dt. 27.06.2022 registered with Sub Registrar, Nagpur – 5 at Book No. 1 at Sr. No. 2868 dt. 27.06.2022 and the said entire project is known as “REYANSH APARTMENTS” Whereas M/s Sapphire Infraventures have now decided to undertake a Real Estate Project on the above Plot No. 86. AND WHEREAS the said multi-storied building is named and styled as “REYANSH APARTMENTS” (Hereinafter called to and referred as the said ‘SCHEME’ or ‘BUILDING’); AND WHEREAS the PROMOTER is entitled and enjoined upon to construct building on the Project Land in accordance with the recitals hereinabove; AND WHEREAS the Land Owner is in possession of the Project Land; AND WHEREAS the PROMOTER has proposed to construct one multistoried building consists of Ground Floor earmarked for parking plus ________ Floors with total comprising _________ (_________ ) Self- Contained separate Residential Apartments (Hereinafter referred as the ‘Apartments’ or ‘Residential Apartments’) and Top Terrace (Above the ______Floors) with …….. main staircase and ……. Lift; AND WHEREAS the Allottee is offered an Apartment bearing number _________ on the ________ Floor of the Building of the said Project being constructed by the PROMOTER ; AND WHEREAS the PROMOTER has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the PROMOTER has appointed a structural Engineer for the preparation of the structural design and drawings of the building and the PROMOTER accepts the professional supervision of the Architect and the structural Engineer till the completion of the building; 6 AND WHEREAS by virtue of the Development Agreement & Power of Attorney the PROMOTER has sole and exclusive right to sell the Apartments in the said building to be constructed by the PROMOTER on the Project Land and to enter into Agreement/s with the allotee(s)/s of the Apartments to receive the sale consideration in respect thereof; AND WHEREAS on demand from the allottee, the PROMOTER has given inspection to the Allottee of all the documents of title relating to the Project Land and the plans, designs and specifications prepared by the PROMOTER ’s Architect 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; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the PROMOTER, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the PROMOTER to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; AND WHEREAS the authenticated copy of the plan of the layout as approved by the concerned local authority has been annexed hereto and marked as Annexure ‘C-1’; AND WHEREAS the authenticated copy of the building plan proposed by the PROMOTER and according to which the construction of the building and open spaces, are proposed to be provided for on the said project have been annexed hereto and marked as Annexure ‘C-2’; AND WHEREAS the authenticated copies of the plan of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure ‘D’ and Specification and Amenities for the Apartment is appended herewith as Annexure ‘E’; AND WHEREAS the PROMOTER has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building and shall obtain the balance approvals from 7 various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building; AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the PROMOTER while developing the project 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; AND WHEREAS the PROMOTER has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at ____________ No. ___________ dated _______, authenticated copy is attached as Annexure – ‘F’; AND WHEREAS the PROMOTER has accordingly commenced construction of the said building in accordance with the said proposed plan; AND WHEREAS the PROMOTER has sole and exclusive right to sell the Apartments in the said building to be constructed by the PROMOTER on the project land and to enter into Agreement/s with the Allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; AND WHEREAS the Allottee has applied to the PROMOTER for allotment of an Apartment No. _____ on _______ Floor of building of said Project; AND WHEREAS the carpet area of the said Apartment 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 Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Apartment; AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide 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; 8 AND WHEREAS, prior to the execution of these presents the Allottee has paid to the PROMOTER a sum of Rs ___________ (Rupees _________) only, being part payment of the sale consideration of the Apartment agreed to be sold by the PROMOTER to the Allottee as advance payment or Application Fee (the payment and receipt whereof the PROMOTER both hereby admit and acknowledge) and the Allottee has agreed to pay to the PROMOTER the balance of the sale consideration in the manner hereinafter appearing; AND WHEREAS, under section 13 of the said Act the PROMOTER is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the PROMOTER hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The PROMOTERS shall construct the aforesaid Project consists of a Multistoried Building consisting of 1 Ground/Stilt Floor and _______ (______ Floors) Upper Floors. The Ground/Stilt Floor shall be utilized for Parking. The Upper Floors shall consists of Separate Apartments to be constructed by the PROMOTER 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 PROMOTERS shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1.a i) The Allottee hereby agrees to purchase from the PROMOTER and the PROMOTER hereby agrees to sell to the Allottee Apartment No. .............. of the type .............. of 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 annexed and marked 9 Annexures C-1 and C-2 for the consideration of Rs. ................... including Rs. ................... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the PROMOTER and the PROMOTER hereby agrees to sell to the Allottee garage bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/- (iii) The Allottee hereby agrees to purchase from the PROMOTER and the PROMOTER hereby agrees to sell to the Allottee covered parking spaces bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/-. which includes : Commented [A1]: added 1.b The total aggregate consideration amount for the said Apartment excluding Allotted Covered Parking Space, MSEB & water charge (Infrastructure cost), Stamp duty, Registration, Legal fees & association deposit is thus Rs. Commented [A2]: ADDED ____________/-. 1.c The Allottee 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 that PROMOTER the balance amount of Rs ............................( Rupees ......................................) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the PROMOTER after the execution of Agreement 10 ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the PROMOTER on completion of the Plinth of the building or wing in which the said Apartment is located. iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the PROMOTER on completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. iv. Amount of Rs......./-(.............) (not exceeding 75% of the total consideration) to be paid to the PROMOTER on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the PROMOTER on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs....../-(.....) ( not exceeding 85% of the total consideration) to be paid to the PROMOTER 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.. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the PROMOTER 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. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1.d The above mentioned total price/consideration excludes Taxes (consisting of tax paid or payable by the PROMOTER by way of GST, Cess, 11 Insurance Premium towards Title of Property & Building or any other taxes, premiums, charges which may be levied and/or payable, in connection with the construction of and carrying out the Project payable by the PROMOTER Party) up to the date of handing over the possession of the said Apartment. The Allottee specifically agrees to pay to the PROMOTER all such Taxes & Insurance Premium as and when demanded and shall always keep the PROMOTER indemnified against the same. GST Provisions, the increased or decreed incidence of Tax (GST) shall be required to be paid by the Allottee. It shall be obligatory on the part of Allottee to pay the amount of GST as may be applicable) etc. simultaneously with the payment of each installment. The Allottee does hereby state and declares that it shall be the sole liability and responsibility of the Allottee 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 Allottee from the Sale Consideration payable to the PROMOTER 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 payable to the competent authority and/or any other increase in charges which may be levied or imposed by the Competent Authority/ Local Bodies/Government from time to time. The PROMOTER undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the PROMOTERS 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 Allottee, which shall only be applicable on subsequent payments. 1.f The PROMOTERS shall be exclusive in-charge of the construction without any let or hindrance or interference by the Allottee or any other contractor and under no circumstances during the subsistence of this contract, the Allottee 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 Allottee shall be void and shall not be binding upon the PROMOTER. 12 1.g The PROMOTER may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @ __% per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the PROMOTER 1.h The PROMOTERS shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, 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 above the defined limit then PROMOTERS shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the PROMOTERS shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1.i The Allottee do hereby authorizes the PROMOTER to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the PROMOTER may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the PROMOTER to adjust her/his payments in any manner. 2.1 The PROMOTER hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the said Apartment. 13 2.2 Time is essence for the PROMOTER as well as the Allottee. The PROMOTERS shall abide by the time schedule for completing the project and handing over the Apartment to the Allottee and the common areas to the association of the Allottees after receiving the occupancy certificate or the completion certificate, as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the PROMOTER as provided in clause 1 (c) herein above. (“Payment Plan”). 2.3 Period for conveyance of title, by PROMOTER, to legal entity of allottees in case of 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 occupancy certificate in favour of the ALLOTTEE / PURCHASER. 3. The PROMOTER hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and PROMOTER 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 PROMOTER has disclosed the Floor Space Index of _ as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the PROMOTER by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to PROMOTER only. 4.1 If the PROMOTER fails to abide by the time schedule for completing the project and handing over the Apartment to the Allottee, the PROMOTER agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the PROMOTER Party, interest at the rate stipulated by State Bank of India being highest Marginal Cost of Lending Rate plus two percent, on 14 all the delayed payment which become due and payable by the Allottee to the PROMOTER under the terms of this Agreement from the date the said amount is payable by the Allottee(s) to the PROMOTER Party. 4.2 Without prejudice to the right of PROMOTER to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the PROMOTER under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee committing three defaults of payment of installments, the PROMOTERS shall at his own option, may terminate this Agreement: Provided that, PROMOTERS shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the Allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches and/or to make payment of defaulted installments alongwith interest payable thereon, as mentioned by the PROMOTER 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 PROMOTERS shall refund to the Allottee, subject to deduction of a sum of Rs. ______/- (Rupees _______) Only plus the amount of interest chargeable at the rate prescribed under Clause No. 4.1 of this Agreement, on the defaulted installments from the due date till the date of Cancellation, towards liquidated damages, within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the PROMOTER Party. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like with particular brand or price range (if unbranded) to be provided by the PROMOTER in the said building and the Apartment as are set out in Annexure 'C', annexed hereto. 15 6. The PROMOTERS shall give possession of the Apartment to the Allottee on or before _______________. If the PROMOTER fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date, then the PROMOTERS shall be liable on demand to refund to the Allottee the amounts already received by it in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the PROMOTER received the sum till the date the amounts and interest thereon is repaid. Provided further that the PROMOTER / LAND OWNERS / CO- PROMOTERS shall not deliver the actual physical possession of the said Apartment to the Allottee until the entire Consideration including also the charges for installation of Electric and Water Meters, Legal Expenses, Stamp Duty and Registration Fees and etc. are paid by the Allottee in full to the PROMOTER hereto. Provided further that the PROMOTERS 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 etc ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession – The PROMOTER upon obtaining the Completion Certificate or Occupancy Certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing or through email, the possession of the Apartment to the Allottee in terms of this Agreement to be taken within 3 months (Three Months) days from the date of issue of such notice and the PROMOTERS shall give possession of the said Apartment to the Allottee. The PROMOTER agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PROMOTER Party. The Allottee agree(s) to pay the maintenance charges as determined by the PROMOTER or Association of Allottees, as the case may be. 7.2 The Allottee shall take possession of the Apartment within 15 days of the written notice/email from the PROMOTER to the Allottee intimating that the said Apartment is ready for use and occupancy. 16 7.3 Failure of Allottee to take Possession of Apartment: Upon receiving a written intimation from the PROMOTER as per clause (7.1) the Allottee shall take possession of the Apartment from the PROMOTER by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the PROMOTERS shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in clause 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable, to the PROMOTER or the Association, if formed. Under such circumstances the restrictions as may be imposed by the Association shall remain binding upon the Allottee. 7.4 If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the PROMOTER any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the PROMOTER at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the PROMOTER Party, compensation for such defect in the manner as provided under the Act. 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 Allottee jointly with the other Co-owners thereof. However the Apartment chosen by Allottee in the proposed multistoried building shall be owned and possessed by the Allottee 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 The Allottee hereby agrees not to occupy the said Apartment without prior written permission of the PROMOTER else Allottee shall be treated as a trespasser. 7.7 The Allottee 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 Allottee shall not damage water proofing, floor tiles etc. which will result in leakage in the building and thereby weaken the same and 17 endanger the structure. For such unauthorized acts, if done by the Allottee, then in such event, Allottee will be solely responsible for any consequences which may arise. The Allottee shall not be entitled to put pots (Kundi)/Plants etc. in the open passage / lobby. 7.8 The PROMOTER / LAND OWNERS / CO- PROMOTERS does hereby agree with the Allottee 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 GST and all other Taxes and Cesses that may be levied and payable at the time of Registration from Allottee, the PROMOTER / LAND OWNERS / CO- PROMOTERS 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 Allottee or the nominee(s) appointed by the Allottee and get the same duly registered at the costs of Allottee in accordance with the law in force provided the Allottee shall have also paid the entire agreed cost of construction of the Apartment chosen by the Allottee to the PROMOTER. 7.9 In case any defect found in the proprietary items used in construction of said Apartment, the Allottee shall lodge claim of defects, shortcomings directly with the manufacturer of such item and the PROMOTERS shall always cooperate and assist the Allottee in this regard. It is specifically brought to the notice of the Allottee 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 Allottee, then the defect Liability will not be applicable to such modified Specification items. Similarly if the Allottee has made modifications, changes or repairs and alterations to the Apartment resulting in damages of any nature, then under such circumstances the PROMOTERS shall not be liable for make good of the defect. 8.1 The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of *Residence” for carrying on any Residential use. He shall use the parking space only for purpose of keeping or parking vehicle. 18 8.2 It is understood by the Allottee that the PROMOTERS 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 Allottee will neither object/disturb it, nor obstruct it's visibility in any way. The PROMOTERS shall not pay, nor the Allottee shall demand any rent etc. for any signs displayed by the Confirming Party. 9 The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the PROMOTER may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye- laws of the proposed Society and duly fill in, sign and return to the PROMOTER within seven days of the same being forwarded by the PROMOTER to the Allottee, so as to enable the PROMOTER to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority 9.1 The PROMOTERS shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Original Owner/ PROMOTER and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 The PROMOTERS shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/OriginalOwner/ PROMOTER and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the PROMOTER to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall 19 be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the PROMOTERS uch proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the PROMOTER provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the PROMOTERS shall not carry any interest and remain with the PROMOTER until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the PROMOTER to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the PROMOTER , the following amounts :- (i) Rs. ..................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (iv) Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs for deposits of electrical receiving and Sub Station provided in Layout 20 11. The Allottee shall pay to the PROMOTER a sum of Rs. ................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the PROMOTER in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the PROMOTER , the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the PROMOTER , the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER PARTY: The PROMOTER hereby represents and warrants to the Allottee as follows: i. The PROMOTER has clear and marketable title with respect to the project land, as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The PROMOTER has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the 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 21 approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the PROMOTER has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The PROMOTER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The PROMOTER has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; viii. The PROMOTER confirms that the PROMOTER is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the Sale Deed of the Apartment in favour of the Allottee, the PROMOTERS shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Apartment Owners; x. The PROMOTER has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the date of completion of the said project. xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Vendor and/or the PROMOTER in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee or herself/himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the PROMOTER as follows :- i. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the 22 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 Allottee hereby specifically agrees with the PROMOTER that even after taking over the actual possession of the Apartment chosen by Allottee, the Allottee will not object or prevent or obstruct the PROMOTER in any way in carrying on and completing the work of other Apartments in the said building and keeping building materials on the available open land. iii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iv. To carry out at her/his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the PROMOTER to the Allottee 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 Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local 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 23 the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the PROMOTER and/or the Society/ 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 Allottee shall not be entitled to carry material in Lift, keeping the materials of repairs in open space, bring in any Carriage or transporting Vehicle beyond the sustainable limit of the Floor within the said Project. vii. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. viii. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. Pay to the PROMOTER within fifteen days of demand by the Developer / PROMOTER / Confirming Party, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. ix. Pay to the PROMOTER within fifteen days of demand by the PROMOTER , his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated x. 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 Allottee for any purposes other than for purpose for which it is sold. 24 xi. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the PROMOTER under this Agreement are fully paid up. xii. The Allottee 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 Allottee 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. xiii. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the PROMOTER and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xiv. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the PROMOTER and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof xv. In case some of the Apartments in the said Project remains unsold, even after completion of the same, then the PROMOTERS shall bear and pay the 50% of regular Maintenance Charges payable for such unsold Apartments. xvi. The Allottee shall not make any structural changes & design including columns, beams, waterproofing treatments and if any changes are done 25 without any written consent from the developer or the association, defect liability shall not be applicable & the Allottee/s have deemed to be done the work at his/her/their respective consequences and liability. 15. The PROMOTERS shall maintain a separate account in respect of sums received by the PROMOTER from the Allottee as advance or deposit, sums received on account of the 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. 16. 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 Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the PROMOTER until the management of the said Building maintenance is handed over to the Association of Apartment Owners as hereinbefore mentioned. 17. PROMOTERS SHALL NOT MORTGAGE OR CREATE A CHARGE After the PROMOTER 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 Allottee who has taken or agreed to take such Apartment. 18. BINDING EFFECT : Forwarding this Agreement to the Allottee by the PROMOTER does not create a binding obligation on the part of the PROMOTER or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the PROMOTER Party. If the Allottee(s) fails to execute and deliver to the PROMOTER this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the PROMOTER, then the PROMOTERS shall serve a 26 notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. 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. 20. RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / SUBSEQUENT ALLOTTEES: 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 Allottees of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. 22. 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. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT: Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in 27 proportion to the carpet area of the Apartment to the total carpet area of all the Apartment in the said Project. 24. 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. 25. PLACE OF EXECUTION: The execution of this Agreement shall be complete only upon its execution by the PROMOTER through its authorized signatory at the PROMOTER Party’s Office, or at some other place, which may be mutually agreed between the PROMOTER and the Allottee, in Nagpur after the Agreement is duly executed by the Allottee and the PROMOTER 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 . 26. The Allottee and/or PROMOTERS shall present this Agreement as well as the Sale Deed at the proper registration Office of registration within the time limit prescribed by the Registration Act and the PROMOTER will attend such Office and admit execution thereof. 27. That all notices to be served on the Allottee and the PROMOTER as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the PROMOTER by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below : MR.____________________ MRS._________________________ (Name of Allottee) Both R/o ___________________________ (Allottee’s Address) Notified Email ID : ______________ 28 M/S SAPPHIRE INFRAVENTURES Reg Office : Office at 210, Timber Bhawan Road, Lakadganj, Nagpur – 440008 Notified Email ID : It shall be the duty of the Allottee and the PROMOTER to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the PROMOTER or the Allottee, as the case may be. 28. JOINT ALLOTTEES : That in case there are Joint Allottees all communications shall be sent by the PROMOTER to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. STAMP DUTY AND REGISTRATION, MSEB/WATER & ASSCIATION DEPOSIT : 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 Allottee. Additionally the Allottee shall bare the expenses of Rs____________/- towards infrastructure Cost (MSEB & Water Charges), GST as applicable & Association Deposit to the developer of Rs.________/- (to be paid on receipt of Occupancy Certificate/ Completion Certificate or before the Sale Deed registration) 30. 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. 31. 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 will have the jurisdiction for this Agreement. 29 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 DEED OF SALE at NAGPUR in the presence of the attesting witnesses, signing as such on the day first above written. FIRST SCHEDULE ABOVE REFERRED TO THE UNDIVIDED _______ PERCENT share and interest in ALL THAT piece and parcel of Nagpur Improvement Trust Leasehold land bearing Plot No. 86, admeasuring about 873.93 Sq. Mtrs. i.e. 9407.003 Sq. Ft. (as per City Survey Records 873.40 Sq. Mtrs.) in Central Road Section III Scheme of Nagpur Improvement Trust, Lakadganj La Out, Circle No. 11/16, Division 3, bearing City Survey No. 213, Sheet No. 177, Mauza : NAGPUR, bearing Municipal House No. 53, 53/A, 53/1, 53/B, 53/A/1, 53/B/1, Ward No. 23, situated at Lakadganj, Nagpur, within the limits of Nagpur Municipal Corporation, Tahsil and District : Nagpur and bounded over as under :- ON THE NORTH : ROAD ON THE EAST : PLOT NO. 81 ON THE WEST : ROAD ON THE SOUTH : PLOT NO. 85 Note: Undivided Share in land does not include the area of covered parking in the Building scheme. SECOND SCHEDULE REFERRED TO ABOVE (RESIDENTIAL) ALL THAT R.C.C. Superstructure comprising APARTMENT ______ on the _____FLOOR of the Residential Building, as per the Deed of Declaration Registered on dated ____________,out of the Complex to be known and styled as “REYANSH APPARTMENTS” constructed on the aforesaid land covering a Carpet Area _____Sq. Mtrs., (Built-up area of _____Sq. Mtrs.), including proportionate area any share in stair case and balconies for upper floors, TOGETHER WITH UNDIVIDED _______% share and interest in the aforesaid Plotable area of __________ sq. mtrs. 30 IN WITNESS WHEREOF the PROMOTER, the ALLOTTEE and the LAND OWNERS CO-PROMOTERS herein above named have hereto set their respective hands and signed this DEED OF AGREEMENT TO SELL at NAGPUR in presence of the attesting witnesses signing as such on the day first above written FINGER PRINT PASSPORT SIZE SIGNATURE & FULL NAME (LEFT THUMB) PHOTOGRAPH For M/s SAPPHIRE INFRAVENTURES PARTNER PROMOTER ALLOTTEE ALLOTTEE SHRI KISHOR DEOSI PATEL For himself and as Power of Attorney Holder CO-PROMOTERS / LAND OWNERS LIST OF ANNEXURE Annexure “A” : Property Card Annexure “B” : Building Commencement Certificate Annexure “C” : Sanctioned Plan of the Project Annexure “D” : Copy of Floor Plan 31 Annexure “E” : Authenticated copy of Registration Certificate of the Project granted by the Real EstateRegulatory Authority. ANNEXURE (Specification and Amenities for the Apartment ) ANNEXURE (Specification and amenities for the Residential Apartment) FOUNDATION : R.C.C. Framed Structure in high strength Cement STRUCTURE 500 Grade Steel being in seismic zone precautions and safeguards against earth quake is ensured in structural design. WALL : Red Bricks/ Fly ash Bricks/AAC Block- External 230mm Brickwork / Internal 115 mm / 100 mm Brick work. FLOORING Lobby and : Marble/Tiles in main lobby on staircase : ground floor, Staircase risers & treads in Vitrified Tiles. Drawing & : Quality double charge Vitrified title flooring Dining Kitchen & : Quality double charge Vitrified title flooring Bedrooms Bathrooms : Anti – Skid tiles Parking and Driveway : Interlocking paving Blocks. Driveway Kitchen : Granite plat form with stainless steels ink and glazed titles Dado with municipal & bore water connections. DOORS : Main Door – Steel door. Internal door frames Made of RCC and shutters shall be factory- made flush door with plastic laminate finish with fittings and latch lock. WINDOWS : Quality anodized aluminium sliding windows. TOILETS : First quality branded sanitary-ware to all toilets, Jaquar/equivalent Mixers/Diver tors. WALL FINISH 32 External Walls : Sand- face plaster with ANDPAINTING acrylic base fungus resistant texture/plain paint. INTERNALWALLS : Cement plaster with putty finish on wall. DRINKING/ : Underground / Overhead tank direct Water connections to all kitchens. ELECTRICAL : Havells /Poly cab / RR or equivalent Cable copper multi FITTINGS strand1- Phase concealed wring with MCB and RCCB for Distribution Board. Adequate light points in entire flat. Switches by Legrd and/Panasonic or equivalent, light and plug points in kitchen for refrigerator, microwave oven, mixers, washing machine etc. DRIVEWAY : Interlocking paving blocks. MAINFOYER : Attractive ,gorgeous entrance foyer with security desk and CCTV monitor Station. PLUMBING : CPVC pipes and fittings of reputed company for all internal & external concealed piping. UPVC pipes of reputed company with chemical solvent joints for all soil and waste waterline. TILE CLADDING : Kitchen: Designer glazed tiles AND DADO Dado above kitchenplatform2 [Two Feet] height. Bathroom and WC : Designer glazed tiles7’ [ Seven Feet] height. Utilities/ Wash : Vitrified tiles up to 3’[ Three Feet] height.