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 .................. 2023 BY AND BETWEEN: (1-A) SHRI. KISHOR S/o LATE SHRI. GOVINDRAO KASHIKAR, Aged about 80 Years, Occupation – Business, Resident of 580, Kashikar Wada, Vyankoba Mule Road, Itwari, Nagpur-440002, Tahsil and District— NAGPUR, (PAN AGQPK0019D & AADHAR 8572 6627 4053), (1-B) SHRI. VISHWAS S/o KISHOR KASHIKAR, Aged about 48 Years, Occupation – Service, Resident 302, Richmond Terrace, Right Bhusari Colony, Paud Road, Near Runwal Paradise, Kothrud, Pune-411038, (PAN AFIPK6987M & AADHAR 8531 5452 6330); (1-C) DR. RUPESH S/o KISHOR KASHIKAR, Aged 46 Years, Occupation – Flat No A10, 2nd Floor Sukhmani Apartments, Bomanji Petit Lane, Near Parsi General Hospital, Off Warden Road, Mumbai 400026 (PAN AXQPK9934L & AADHAR 4030 0137 3535), (2-A) SHRI. PADMAKAR S/o LATE SHRI. GOVINDRAO KASHIKAR, Aged 78 Years, Occupation - Agriculturist, Resident of 580, Kashikar Wada, Vyankoba Mule Road, ltwari, Nagpur, Tahsil and District — NAGPUR (PAN ARQPS8424B & AADHAR 5567 9911 6682), Contd. … 2 (2-B) MRS. PRITI W/O ASHISH SAOJI (Daughter of SHRI. PADMAKAR KASHIKAR), Aged about 47 Years, Occupation – Business, Resident 6, Raut Apartment, Shankar Nagar, Suraj Nagar, Rukhmini Nagar, Amravati-444606, Presently at Itwari, Nagpur (PAN AVCPS3522J & AADHAR 7714 1964 8981); AND (2-C) SHRI. PRASANNA S/O PADMAKAR KASHIKAR, Aged 45 Years, Occupation – Service, Resident of Bhusari Colony, Pune, (AADHAR 8576 3260 4723), (3-A) SMT. REKHA Wd/o LATE SHRI. NARAYAN KASHIKAR, Aged 72 Years, Occupation – Housewife, Resident of 580, Kashikar Wada, Vyankoba Mule Road, Near Gandhi Putla, Old Moto Stand, Itwari, Nagpur-440008, Tahsil and District – NAGPUR, (AADHAR 8175 6152 8366), (3-B) MRS. ANJALI W/o GIRISH VAIDYA (daughter of LATE SHRI. NARAYAN KASHIKAR), Aged about 41 Years, Occupation – Housewife, Resident of Mahila Samaj Karyalaya, Sadar Patel Ward, Pandharkawda-445302, (AADHAR 7641 7901 8440); (3-C) SHRI. SACHIN S/o LATE SHRI. NARAYAN KASHIKAR, Aged about 44 Years, Occupation – Business, Resident of 580, Kashikar Wada, Vyankoba Mule Road, Near Gandhi Putla, Old Motor Stand Itwari, Nagpur-440008, Tahsil and District— NAGPUR, (PAN ATVPK2745C & AADHAR 8713 3115 0802), (4-A) MRS. BHARATI W/o CHANDRAKANT UMALKAR (Daughter of LATE SHRI DATTATRAY ALIAS DATTOPANT SAOJI), Aged about 58 Years, Occupation – Housewife, Resident State Bank Road, Ward No. 21, Mehkar-443301, Tahsil and District – BULDHANA, presently at Itwari, Nagpur, (PAN AEVPU1517K & AADHAR 3844 5058 4734); (4-B) MRS. PALLAVI W/o PRASANNA PATURKAR (Daughter of LATE SHRI DATTATRAY ALIAS DATTOPANT SAOJI), Aged 54 Years, Occupation – Housewife, Resident of Panoskar Layout, Tope Nagar, Amravati-444601, Tahsil and District – AMRAVATI, (PAN AGGPP7758Q & AADHAR 7544 0593 5571), (4-C) SHRI. JAIDEEP S/o LATE SHRI. DATTATRAY ALIAS DATTOPANT SAOJI, Aged about 53 Years, Occupation – Agriculturist, Resident of Vithal Nagar, Dongaon Road, Mehkar-443301, Tahsil and District — BULDHANA, (PAN ARQPS8424B & AADHAR 5567 9911 6682), (4-D) SHRI. VAIBHAV S/O LATE SHRI DATTATRAY ALIAS DATTOPANT SAOJI, Aged 51 Years, Occupation – Business, Resident of Saoji Galli, Ward No. 14, Mehkar443301, Tahsil and District – BULDHANA, Present at Itwari, Nagpur, (PAN BRJPS6518Q & AADHAR 5805 4113 7804), Hereinafter all jointly called the VENDORS, which expression shall unless repugnant to the context or meaning thereof, always mean and include the said VENDORS, as well as, their respective heirs, legal representatives, executors, administrators, successors and assigns of the ONE PART. . IN FAVOUR OF Contd. … 3 MR./MRS. ……………………………, Aged about ….. Years, Occupation-…………………………, Income Tax Permanent Account No. ……………, Call No. ………………. Aadhar Unique Identity No. …………………… Resident of: - ………………………………………………. Hereinafter called the “ALLOTTEE/PURCHASER”, which expression shall unless repugnant to the context or meaning thereof, always mean and include the said “ALLOTTEE/PURCHASER”, as well as, her/his heirs, legal representatives, executors, administrators, successors and assigns of the OTHER PART. A. DESCRIPTION OF THE LAND AND PROPERTY:- THAT, the Vendors hereinabove named are the Members of Kashikar Family have admeasuring 365 Sq. Mtrs. to Shri. Kishor Govindrao Kashikar, Shri. Vishwas Kishor Kashikar, Shri Rupesh Kishor Kashikar; Plot admeasuring 365 Sq. Mtrs. to Smt. Rekha Narayan Kashikar, Shri. Sachin Narayan Kashikar, Smt. Anjali Girish Vaidya; Plot admeasuring 400.22 Sq. Mtrs. (numbered as Plot No. 56) to Shri. Padmakar Govindrao Kashikar, Mrs. Priti Ashish Saoji and Shri. Prasanna Padmakar Kashikar; Plot admeasuring 382.50 Sq. Mtrs. (numbered as Plot No. 25, 128, 129) to Smt. Usha Dattatraya Saoji (deceased) and now belonging to her 2 sons Jaydeep and Vaibhav and 2 daughters Pallavi and Bharati out of the land bearing Khasra/Survey Nos. 4/1, 4/2, 9/1, 9/2, 9/3 of Mouza – BELTARODI, P. S. K. 38 including all other easementary rights appurtenant and belonging thereto, situated at Village - Beltarodi, within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District - NAGPUR; AND. THAT, ALL THAT Piece and parcel of Agricultural land bearing Khasra/Survey No. 4 of Mouza – Beltarodi, P.S.K. 38 having an area of 4.34 Hectares, Rental Rs. 22.00, held in Bhogwatdar Class-1 Rights, situated at Village – Beltarodi within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR, Originally belonged to Smt. Shalinibai Govindrao Kashikar, being her separate property having been allotted the same to her exclusive share in a Family Partition Dated 15-10-1958; AND THAT ALL THAT Piece and parcel of Agricultural land bearing Khasra/Survey No. 9 of Mouza – Beltarodi, P.S.K. 38 having an area of 8.17 Hectares, Rental Rs. 2000/-, held in Bhogwatdar Class-1 Rights, situated at Village – Beltarodi within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR, Originally belonged to Smt. Shalinibai Govindrao Kashikar and Shri. Sanjay Govindrao Kashikar, the Vendor No. 5 named hereinabove, being their separate property; AND. THAT, ALL THAT Piece and parcel of Agricultural land bearing Khasra/Survey No. 18 of Mouza – Beltarodi, P.S.K. 38 having an area of 3.48 Hectares, Rental Rs. 17.00, held in Bhogwatdar Class-1 Rights, situated at Village – Beltarodi within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR, originally belonged to Shri. Sanjay Govindrao Kashikar, the Vendor No. 5 named hereinabove, being his separate property; AND Contd. … 4 THAT, Smt. Shalinibai Govindrao Kashikar later on transferred out of her share in the said Khasra/Survey No. 9 having an area of 2.02 Hectares by way of Sale to her son Shri. Chandan Govindrao Kashikar, the Vendor No. 6 named hereinabove, by a Sale Deed Dated 14-12-1994, which is duly registered at the Office of the Sub-Registrar, Nagpur-11 in Addl. Book No. 1, Volume No. 1095 on Pages 41 to 44 at Sr. No. 2801 on 23-03-1995. The said land having an area of 2.02 Hectares was renumbered as Khasra/Survey No. 9/3 of Mouza – Beltarodi; AND THAT, Smt. Shalinibai Govindrao Kashikar later on transferred out of her share in the said Khasra/Survey No. 9 having an area of 2.00 Hectares by way of Gift to her daughter- in-law Smt. Jaymala Vijay Kashikar, the Vendor No. 1 named hereinabove, by a Gift Deed Dated 29-02-2000, which is duly registered at the Office of the Sub-Registrar, Nagpur in Addl. Book No. 1, Volume No. 880 on Pages 55 to 60 at Sr. No. 814 on 03-03- 2000. The said land having an area of 2.00 Hectares was renumbered as Khasra/Survey No. 9/2 of Mouza – Beltarodi; AND THAT, Shri. Sanjay Govindrao Kashikar, the Vendor No. 5 has retained 4.15 Hectares of land out of the Khasra/Survey No. 9 of Mouza – Beltarodi for his exclusive use and occupation. The said land having an area of 4.15 Hectares was renumbered as Khasra/Survey No. 9/1 of Mouza – Beltarodi; AND THAT, Smt. Shalinibai Govindrao Kashikar later on transferred having an area of 1.21 Hectares, Rental Rs. 6.00 out of Khasra/Survey No. 4 of Mouza - Beltarodi by way of Gift to her Grandson Shri. Saish Vijay Kashikar and Grand-daughter Mrs. Pratiksha Rishikesh Mayee, the Vendor Nos. 2 and 3 named hereinabove, by a Gift Deed Dated 15-05-2000, which is duly registered at the Office of the Sub-Registrar, Nagpur-1 in Addl. Book No. 1, Volume No. 65 on Pages 20 to 250 at Sr. No. 1445(P) on 18-08-2000. The said land having an area of 1.21 Hectares was renumbered as Khasra/Survey No. 4/2 of Mouza – Beltarodi; AND. THAT, the Urban Land (Ceiling and Regulation) Act, 1976 having come into force w.e.f. 17-2-1976 the said Smt. Shalinibai Govindrao Kashikar and others had filed a Statement/Return Under Section 6(i) of the said Act before the Additional Collector and Competent Authority, U.L.C., Nagpur and on completion of his enquiry, the said authority vide its Order passed in ULC Case No. 72/2005 Dated 01-02-2006 declared 130500 Sq. Mtrs. of land out of the aforesaid Khasra/Survey Nos. 4/1, 4/2, 9/1, 9/2, 9/3 & 18 of Mouza – BELTARODI as a surplus vacant land within the meaning of the said Act. The provisions of the said act were made applicable to the instant land in the year 2002 and thereby they said authority had ordered to deliver a piece of land containing by admeasurements 8775 Sq. Mtrs. to State Government free of cost. Accordingly the said land of 8775 Sq. Mtrs. was delivered to the Government of Maharashtra. After deduction of said land and as per the amended revenue records the area of each survey number described above was as under: Kh. No. 4/1-2.96 Hectares, Kh. No. 4/2 – 1.10 Hectares, 9/1 – 4.00 Hectares, Kh. No. 9/2 – 1.85 Hectares, Kh. No. 9/3 – 1.85 Hectares and Kh. No. 18 – 3.33 Hectares, thus totaling 15.09 Hectares; AND Contd. … 5 THAT, Smt. Shalinibai Govindrao Kashikar and others later on applied for exemption to the aforesaid surplus vacant land containing by admeasurements 130500 Sq. Mtrs. under Talegaon Dabhade Scheme; AND WHEREAS considering their application the Government of Maharashtra through competent Authority (U.L.C.), Nagpur vide his Order Dated 09-02-2006 passed in Case No. ATP/ULC/TD(646)/Beltarodi/2006/247 exempted the said Surplus vacant land Under Section 20(1)(2) of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) for providing Plots and/or Construction of Tenements thereon in accordance with the Special Dispensation issued by The Government Resolution, Housing and Special Assistance Department Mantralaya, Mumbai in Resolution No. CSC/ULC/1091/5(3977)D-III Dated 15-01-1992 upon the several terms and conditions contained therein; AND THAT, the aforesaid entire lands comprising Khasra/Survey Nos. 4/1, 4/2, 9/1, 9/2, 9/3 & 18 of Mouza – BELTARODI are converted for Non Agricultural Use by the Collector, Nagpur vide his Order Dated 08-04-2006 passed in Revenue Case No. 538/NAP- 34/2005-2006; AND WHEREAS on 08/11/2006 provisional Map in respect of total land admeasuring 15.09 Hectares bearing Kh. No. 4/1, 4/2, 9/1, 9/2, 9/3 & 18 of Mouza – BELTARODI was sanctioned by Additional Collector and Competent Authority ULC Nagpur and Assistant Town Planner, ULC Nagpur; AND WHEREAS during her life time said Smt. Shalinibai Govindrao Kashikar executed her WILL on 06-09-2008 and thereby she has bequeathed the said Khasra/Survey No. 4/1 of Mouza – BELTARODI having an area of 3.11 Hectares, Rental Rs. 16.00 to her son Shri. Mohan Govindrao Kashikar absolutely forever with heritable and transferable rights therein. The said Will Dated 06-09-2008 is duly notarized by Shri. Narendra G. Jetha, Advocate; AND WHEREAS during the life time of Smt. Shalinibai Govind Kashikar, the Map in respect of Kh. Nos. 4/1, 4/2, 9/1, 9/2, 9/3 and 18 of Mauza-Beltarodi, P. H. No. 38 Tahsil Nagpur Gramin District - NAGPUR was revised by Competent Authority vide sanction map dated 18/02/2015; AND WHEREAS the said Smt. Shalinibai Govindrao Kashikar breathed her last on 04-08-2015 and consequent upon her death/demise the said Kh. No. 4/1 of Mouza – Beltarodi devolved upon her son Shri. Mohan Govindrao Kashikar, the Vendor No. 4 named hereinabove, in terms of her last Will Dated 06-09-2008; AND WHEREAS by the same Will dated 06-09-2008, the said Smt. Shalinibai Govindrao Kashikar has bequeathed some plots of land as under:- Plot admeasuring 365 Sq. Mtrs. (numbered as Plot No. 57-A) to Shri. Kishor Govindrao Kashikar, Shri. Vishwas Kishor Kashikar, Shri Rupesh Kishor Kashikar; Plot admeasuring 365 Sq. Mtrs. (numbered as Plot No. 57-B) to Shri. Narayan Govindrao Kashikar, Shri. Sachin Narayan Kashikar, Contd. … 6 Smt. Anjali Girish Vaidya; Plot admeasuring 400.22 Sq.Mtrs. (numbered as Plot No. 56) to Shri. Padmakar Govindrao Kashikar, Mrs. Priti Ashish Saoji and Shri. Prasanna Padmakar Kashikar; Plot admeasuring 518.70 Sq.Mtrs. (numbered as Plot No. 104) to Shri. Vinod Govindrao Kashikar, Mrs. Shruti Vinod Kashikar and Shri. Anuj alias Shriram Vinod Kashikar; Plot admeasuring 382.50 Sq. Mtrs. (numbered as Plot No. 25, 128, 129) to Smt. Usha Dattatraya Saoji. Consequent upon her death/demise the said plots devolved upon the persons named hereinabove, in terms of her last Will Dated 06- 092008. Thus the total holding of land held by the Vendors named hereinabove is around 0.68 Acres; AND. THAT, the Urban Development Department in accordance with the Maharashtra Metropolitan Region Development Authority Act, 2016 published a Notification dt. 04.03.2017 bearing No. NMRDA-3316/C.R.55/UD-7 wherein Planning authority called Nagpur Metropolitan Region Development Authority has been appointed for the area aforesaid and rescinds the Government Notification, Urban Development Department No. TPS/2413/451/CR231/UD-9 Dated. 23.12.2014, by which the Nagpur Improvement Trust, Nagpur has been declared as a Planning Authority for Development Area U/s 42A of the M. R. & T. P. Act and appointed Nagpur Metropolitan Region Development Authority as the Development Authority U/s 42D thereof for the said area. THAT, the Nagpur Metropolitan Region Development Authority has Final sanctioned the residential Lay-out carved on the said entire land of Khasra Nos. 4/1, 4/2, 9/1, 9/2, 9/3 and 18 of MOUZA–BELTARODI, Patwari Halka No. 38, having an area of 15.09 Hectares, consisting of various residential Lay-out plots vide Letter bearing No. E.E./NMRDA/7934, dated 05-12-2022 and the same is attached hereto as Annexure- “B‖. THAT, the VENDORS/PROMOTERS decided to develop the aforesaid land of Khasra Nos. 4/1, 4/2, 9/1, 9/2, 9/3 and 18 of MOUZA–BELTARODI into a residential Lay-out on the said entire land and applied to Collector, Nagpur for the change of the user of the said land from agricultural into non-agricultural purposes (i.e. residential use) and the same is attached hereto as Annexure-“C‖. and the Lay-out on the said land is also recommended for Final approval by the Executive Engineer, NMRDA, Nagpur vide letter No. E.E./NMRDA/7934, dated 05-12-2022 and the same is attached hereto as Annexure-“D‖. The said Lay-out is sanctioned as Residential Lay-out and the same is known and styled as ―MAHALAXMI NAGAR-20”. THAT, the VENDORS/PROMOTERS has agreed to develop the Lay-out as per the drawing, designs and specification to be approved by the Executive Engineer, NMRDA; THAT, the ALLOTTEE/PURCHASER/S hereinabove being interested to own one of the Residential Plot in the said Lay-out, approached the VENDORS/PROMOTERS herein and visited the office of the VENDORS/PROMOTER and also satisfied himself/herself/themselves in respect of the title of the said entire property and VENDORS/PROMOTER’S authority and right to develop the said land and to sell the various residential Lay-out plots to the prospective buyers; Contd. … 7 THAT, the ALLOTTEE/PURCHASER/S here-in-above approached to the VENDORS/PROMOTERS for the purchase of Residential Plot for his/her/their residential purposes in the said Lay-out known as “MAHALAXMI NAGAR-20” and has agreed to pay the cost of developed plot to the VENDORS/PROMOTERS; AND B. TITLE CERTIFICATE: The title of the Owners/Promoters is duly verified through their Advocate Yogesh S. Gonnade, Nagpur and has certified that the title of the present owner/promoter is clean, clear and free from all encumbrance, with ample right of development of the said property, construction thereon, and sale of the constructed Plots, as well as the entire subject matter property or any part thereof. The said title Certificate is filed herewith as Annexure- “A”; C. EXCLUSIVE RIGHT TO SELL AND DEVELOP: In the circumstances, the Owners/Promoters has the exclusive right of plotting of the said land or to develop the said Land by plotting of the said land into various plots and other permitted structures thereon, as per the approved layout of plots and to enter into Agreements for Sale of such plots etc. with prospective purchasers thereof under the provisions of the Transfer of Property Act. The Owners/Promoters has applied for, and is granted due registration under the provisions of the Real Estate (Regulation and Development) Act, 2017, bearing No. ………………….; and the same is attached hereto as Annexure-“E”. D. PURCHASER AGREES TO ACQUIRE: The Purchaser, after satisfying herself/himself as regards the title of the Owner/Promoter to the said property, and after inspection of the entire documents of title as specified in the above Title opinion Annexure-“A” and the approved layout of plots, and after inspecting the site and satisfying himself/herself as to the completion of the various phases of work, and has now agreed to purchase the open Plot No. _____ as specified in Schedule “A” written hereinafter (hereinafter for the sake of brevity referred to as the ―said Plot‖). The Purchaser/s has/have agreed to acquire Plot No. ____ admeasuring about _____ Sq. Mtrs. (OR __________ Sq. Ft), at or for the consideration and on the terms and conditions set out hereinafter, the said Plot No. _____ is hereinafter referred to for the sake of convenience and brevity as ―the said Plot‖ and is more particularly described in the SCHEDULE hereunder written and marked in Red on the Plan Scheme “B”. E. INSPECTION OF TITLE DOCUMENTS/PLANS/LAYOUTS: The Purchaser/s has/have demanded from the Owners/Promoters and the Owners/Promoters have given inspection to the Purchaser/s of all the documents of title relating to the said Land, N.A. Assessment or the approved layouts, in respect of the said Plot and the common areas, amenities and the specific rights therein, as hereby agreed to be sold. F. INDEPENDENT VERIFICATION OF TITLE BY PURCHASER: The Purchaser/s has/have before the execution hereof, had the title of the Owners/Promoters thereto independently verified through the Legal Counsel/Advocate of the Purchaser/s and the Purchaser/s has/have satisfied himself/herself/themselves that the same is free from all encumbrances and is clear and marketable. Contd. … 8 G. CONSIDERATION : After being satisfied with the Title as above, the Purchaser herein made an offer to the Promoters herein to purchase the said Plot in accordance with the approved layout of plots, and with the said intention deposited a sum of Rs. _______ (Rupees _______________) Only vide Cheque No. _______ Dated ________ drawn on __________ Bank, _________ Branch, being the part payment out of the lump sum total Sale-price of Rs. ___________ (Rupees ________________________) Only against and in consideration of the said Plot agreed to be sold by the Owners/Promoters to the Purchaser, as an advance payment, the payment and receipt of which advance amount the Owners/Promoters hereby admit and acknowledge. The Purchaser has agreed to pay to the Owners/Promoters, in such name and as per their directions, the entire balance of the sale-price in the manner as mentioned in the Schedule-E hereunder written and which payment is deemed to be the essence of these presents; NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. PURCHASE AND SALE OF THE PLOT:- 1.1 The Purchaser/s has/have agreed to acquire and Owners/Promoters has agreed to sell the said Open Plot No. ____ admeasuring _________ Sq. Mtrs., and the right to construct thereon, as per sanction plans to the Purchaser, for the lump sum consideration and on the terms and conditions set out hereinafter, and which Plot is more particularly described in the Schedule-A and specified in Plan Schedule B hereunder written; 2. CONSIDERATION:- 2.1 LUMP SUM CONSIDERATION AND EXCLUSIONS: As mentioned above, the Owners/Promoters herein agreed to sell to the Purchaser/s and the Purchaser/s has/have agreed to purchase from the Owners/Promoters the mutually agreed lump sum consideration of Rs. _______ (Rupees _________________) Only and the Purchaser shall make the payment of the same in the name of ―VENDORS/PROMOTERS‖ or such other name as may be specified from time to time by the Owners/Purchaser and the said consideration amount is excluding expenses for stamp duty and registration fees, GST and ALL other taxes, expenses, etc. and also all the other outgoings as mentioned herein below which will be paid by the Purchaser/s separately as agreed and specified. 2.1.1 The balance Sale Consideration is specifically agreed to be paid by the ALLOTTEE/PURCHASER/S to the VENDORS/PROMOTERS in the manner stipulated in Schedule-E. That the VENDORS/PROMOTERS shall procure all necessary documents, Release Letter, papers required for registration of the Sale Deed. 2.1.2 It is agreed between the parties that, if the ALLOTTEE/PURCHASER/S fails to make payment of consideration as stated here-in the interest may be charged for the Contd. … 9 period of default but in no case any such default shall be delayed for one months from due date. 2.2 TIME PERIOD FOR POSSESSION: The possession of the said Plot agreed to be purchased by the Purchaser/s shall be handed over to the Purchaser/s by the Owners/Promoters before __________ on receipt of the entire amount of the purchase price of the said Plot and other charges as agreed. The Purchaser/s shall take possession of the said open Plot within 15 (Fifteen Days) two months {U/s 19(10)} of the Owners/promoters giving written notice to the Purchaser/s intimating the same and after complying with all necessary legal formalities and effecting necessary payment as per agreed schedule. 2.2.1 Provided further that the Promoters shall be entitled to reasonable extension of time for giving delivery of the residential plot on the aforesaid date, if the completion of Lay-out and compliances are delayed on account of – (i) War, civil commotion/pandemic or act of God; (ii) Any notice, order, rule, notification of the Government and/or other public or competent authority/court. (iii) Delay in obtaining Government Statutory permissions and compliances therefore including Release Letter. 2.2.2 That, the VENDORS/PROMOTERS, upon obtaining the Release Letter from the competent authority and subject to receipt of the Sale Consideration from the ALLOTTEE/PURCHASER/S as per the agreement, shall offer the possession of the Residential Plot to the ALLOTTEE/PURCHASER/S in terms of this Agreement to be taken within 15 days from the date of issue of such notice and the VENDORS/PROMOTERS shall give possession of the Residential Plot to the ALLOTTEE/PURCHASER/S. The VENDORS/PROMOTERS agrees and undertakes to indemnify the ALLOTTEE/PURCHASER/S in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the VENDORS/PROMOTERS. 2.2.3 The ALLOTTEE/PURCHASER/S after taking over the possession of the said plot shall use the said Plot or any part thereof or permit the same to be used only for Residential/legal Purposes. 2.3 DELAYS IN HANDING OVER POSSESSION BY OWNESR/PROMOTERS: It is agreed between the parties hereto that if the Owners/Promoters fails to give possession of the said Plot in accordance with the terms of this Agreement within the stipulated period as mentioned in clause 2.2 hereinabove or within further mutually agreed period [and a period of three months thereafter.] or if, the Owners/Promoters and/or its Agents for reasons beyond its control, are unable to give possession of the said Plot by the said date and after a period of two months if those reasons still exist, then in such case, Owners/Promoters shall, without prejudice to its rights reserved hereunder, be liable on demand of the Purchaser/s to refund the amounts already received by it in respect of the said Plot from the Purchaser/s with simple interest thereon at such rate of interest as prescribed under the provisions of the RERA Act, 2017, and the Rules made Contd. … 10 thereunder, per annum, from the date it received the same till the date the amounts and interest thereon is refunded to the Purchaser/s. 3. MAINTENANCE OF THE PLOT/LAYOUT: Commencing the week after Notice in writing is given by the Owners/Promoters to the Purchaser/s that the said Plot is ready for use and occupation and intimation of the same is received by the Purchaser/s from the Owners/Promoters, the Purchaser/s hereby agree/s and bind/s himself/herself/themselves to pay to the Owners/Promoters, changes for common service if any. 4. FORMATION OF FINAL BODY OF PURCHASERS: The Owners/Promoters shall on execution of registered agreement for sale by 51% purchasers from within the period of 3 months from handing over possession of the last unsold Plot to the concerned Purchaser, in of the said Complex, shall form an Association or a Co-operative Housing Society governed by the provisions of the Maharashtra Co-operative Societies Act, 1960 or such other body as may be deemed fit by the Owners/promoters and Owners/promoters of which all the purchasers of Plots shall be bound to become and be admitted as members. 5. NO RIGHT TO DEMAND SUB-DIVISION: The Purchaser/s of the Plot/Plots agreed to be sold hereunder and all the other purchasers of Plots in the said land shall not have any right to make sub-division of the Plot and always subject to the applicable rules, regulations and bye-laws. Purchasers shall not have individual right, title, claim or interest in respect of the amenity spaces, open spaces and the said entire Land and the right of the Purchaser/s are confined only to the Plot/Plot hereby agreed to be sold, it being expressly agreed subject to the applicable rules, regulations and bye-laws. 6. UNSOLD PLOTS: In case the Conveyance is executed in favour of the Ultimate Body before the disposal by the Owners/Promoters of all the plots on the said Land, then in such case the Owners/Promoters shall join in the Ultimate Body as members holding such unsold plots and as and when such Plots are sold to third party at the discretion of the Owners/Promoters, the Ultimate Body shall admit as members the Purchasers of such plots without charging any premium, transfer free, or any other extra payment. 7. REPRESENTATIONS AND WARRANTIES OF THE OWNERS/PROMOTERS: The Promoters hereby represents and warrants to the Allottee/Purchaser as follows:- (a) The Promoters has clear and marketable title with respect to the project land/Plot; as declared in the title report annexure to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and Contd. … 11 legal possession of the project land for the implementation of the Project; The promoters has also obtained the necessary N. A. permission from competent authority; (b) The Promoters has lawful rights and requisite approvals from the Competent Authorities to carry out development of the Project land shall obtain requisite approvals from time to time to complete the development of the project. (c) There are no encumbrances upon the project land or the Project except those disclosed in the title report; (d) 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; there is no prohibitory order for transfer of the Plot. (e) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, project land and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wings shall be obtained by following dues process of law and the Promoters has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/s and common areas; (f) The Promoters 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; (g) The Promoters 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 Plot which will, in any manner, affect the rights of Allottee under this Agreement; (h) The Promoters has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levied, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the time of possession transfer and Sale Deed. (i) 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 Promoters in respect of the project land and/or the project except those disclosed in the title report. (j) The Promoters shall obtain all such insurance as may be notified by the Government of Maharashtra; (k) Title of land as a part of real estate project. 8. PAYMENT OF STAMP DUTY/REGISTRATION FEES/EXPENSES: It is hereby expressly agreed that the Purchaser/s shall bear the Stamp Duty and Registration Charges payable on this Agreement and all documents executed by the Owners/Promoters pursuant hereto including but not restricted to the proportionate Stamp Duty payable on the Deed of Conveyance of the specified parts of the land and any building within the said Complex which may be executed by the Owners/Promoters in favor of the Association/Condominium/Society of all Plot purchasers in the said project. Contd. … 12 9. 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. 10. FURTHERE 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. 11. ADDRESS FOR SERVICE: That all notices to be served on the Allottee/Purchaser and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoters by Registered Post A.D. and notified Email ID/Under Certificate of Posting at their respective addresses specified below; Name of Allottee/Purchaser _____________________________________ (Allottee’s Address)_____________________________________ (Promoter’s Name) ……………………………, (Promoter Address) at ……………………………….. Notified Email: mahalaxmidevelopers14@gmail.com It shall be the duly of the Allottee and the Promoters 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 Promoters or the Allottee, as the case may be. 12. DISPUTE RESOLUTION: Any dispute between parties shall be settled amicably by following conciliation proceedings. In case of failure to settle the dispute amicably, the same shall be decided as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 13. GOVERNING LAW: That the right 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 civil courts within whose local limits the property is situated will have the jurisdiction for this Agreement. Contd. … 13 SCHEDULE–A (SAID ENTIRE PROJECT LAND) ALL THAT Piece and parcel of Non-Agricultural land containing by admeasurements 0.68 Acres to carve out 4 plots admeasuring 365 Sq. Mtrs. to Shri. Kishor Govindrao Kashikar, Shri. Vishwas Kishor Kashikar, Shri Rupesh Kishor Kashikar; Plot admeasuring 365 Sq. Mtrs. to Smt. Rekha Narayan Kashikar, Shri. Sachin Narayan Kashikar, Smt. Anjali Girish Vaidya; Plot admeasuring 400.22 Sq. Mtrs. (numbered as Plot No. 56) to Shri. Padmakar Govindrao Kashikar, Mrs. Priti Ashish Saoji and Shri. Prasanna Padmakar Kashikar; Plot admeasuring 382.50 Sq. Mtrs. (numbered as Plot No. 25, 128, 129) to Smt. Usha Dattatraya Saoji (deceased) and now belonging to her 2 sons Jaydeep and Vaibhav and 2 daughters Pallavi and Bharati out of the land bearing Khasra/Survey Nos. 4/1, 4/2, 9/1, 9/2, 9/3 and 18 of Mouza – BELTARODI, P. S. K. 38 including all other easementary rights appurtenant and belonging thereto, situated at Village - Beltarodi, within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR and bounded as under – ON THE EAST - BY KH. NOS. 3, 10, 11, 12, 13, ON THE WEST - BY KH NOS. 8 (PART), 8/5, 8/4, 5, 6, ON THE NORTH - BY KH. NOS. 16, 17, 22, 23, ON THE SOUTH - BY KH. NOS. 5, 6, 8/4, 8 (PART), 8/5. SCHEDULE–B (SAID PLOT) ALL THAT piece and parcel of land bearing Plot No. _________, admeasuring about ________ Sq. Mtrs. (dimensions are as shown in the plan annexed herewith) being portion of Lay-out known as “MAHALAXMI NAGAR-20”carved on admeasurement 0.68 Acres to carve out 4 plots admeasuring 365 Sq. Mtrs. to Shri. Kishor Govindrao Kashikar, Shri. Vishwas Kishor Kashikar, Shri Rupesh Kishor Kashikar; Plot admeasuring 365 Sq. Mtrs. to Smt. Rekha Narayan Kashikar, Shri. Sachin Narayan Kashikar, Smt. Anjali Girish Vaidya; Plot admeasuring 400.22 Sq. Mtrs. (numbered as Plot No. 56) to Shri. Padmakar Govindrao Kashikar, Mrs. Priti Ashish Saoji and Shri. Prasanna Padmakar Kashikar; Plot admeasuring 382.50 Sq. Mtrs. (numbered as Plot No. 25, 128, 129) to Smt. Usha Dattatraya Saoji (deceased) and now belonging to her 2 sons Jaydeep and Vaibhav and 2 daughters Pallavi and Bharati out of the land bearing Khasra/Survey Nos. 4/1, 4/2, 9/1, 9/2, 9/3 and 18 of Mouza – BELTARODI, P. S. K. 38 including all other easementary rights appurtenant and belonging thereto, situated at Village - Beltarodi, within the limits of the Grampanchayat – Besa in Tahsil – Nagpur (Rural) and District – NAGPUR and the same is bounded as under: ON THE EAST - BY ……….., ON THE WEST - BY ………….., ON THE NORTH - BY ……………, ON THE SOUTH - BY …………. Contd. … 14 IN WITNESS WHEREOF the SELLERS/PROMOTERS and the ALLOTTEE/PURCHASER herein above named have fully examined and read over this AGREEMENT TO SELL before execution and the same is drafted as per their own say and instructions and the contents whereof are found to be true, correct and hereby signed the same, without any coercion, undue influence, threat, intoxication, misrepresentation and fraud of any kind, at NAGPUR in presence of the attesting witnesses signing as such on the day first above written Only for KH. NO. 4/1, 4/2, 9/1, 9/2, 9/3 and 18, (MAHALAXMI NAGAR-20), PLOT NO. ……. SR. FINGER PRINT PASSPORT SIZE SIGNATURE AND FULL NAME NO. (LEFT THUMB) PHOTOGRAPH 01 1) (KISHOR GOVINDRAO KASHIKAR) 02 2) (VISHWAS KISHOR KASHIKAR) 03 3) (DR. RUPESH KISHOR KASHIKAR) 04 4) (PADMAKAR GOVINDRAO KASHIKAR) Contd. … 15 05 5) (PRITI ASHISH SAOJI) 06 6) (PRASANNA PADMAKAR KASHIKAR) 07 7) (REKHA NARAYAN KASHIKAR) 08 8) (ANJALI GIRISH VAIDYA) 09 9) (SACHIN NARAYAN KASHIKAR) 10 10) (BHARATI CHANDRAKANT UMALKAR) Contd. … 16 11 11) (PALLAVI PRASANNA PATURKAR) 12 12) (JAIDEEP DATTATRAY SAOJI) 13 13) (VAIBHAV DATTATRAY SAOJI) 14 _________________________ ALLOTTEE/PURCHASER WITNESSES :- I __________________________ WITNEESS NO. 1 II ___________________________ WITNEESS NO. 2 Contd. … 17 SCHEDULE – “E” MANNER OF PAYMENT Amount Rs. CH. No. / UTR No. Date Bank AMOUNT RECEIVED It is agreed that the ALLOTTEE/PURCHASER/S shall make the payment of balance consideration of Rs. ___________/- (Rupees ______________________ ______________________ Only) in the following manner: Amount Rs. Payable on or before TOTAL AMOUNT Contd. …