AGREEMENT TO SELL THIS AGREEMENT TO SELL is made and executed at Nagpur on this ______ day Of ____2023 BY AND BETWEEN: M/s. S R Remedial Services Pvt. Ltd, a Company duly incorporated under the Companies Act, 1956, CIN No. U33110MH2020PTC343114 having its registered Office at Tower F3, Godrej Anandam, Ganeshpeth, Nagpur, 440018 (MH) (PAN ABECS1050N) and acting through its Authorised Director Shri. Nitin S/o. Marotrao Upare, Aged 40 Years, Occupation: Business, PAN AAOPU6035F & AADHAR UID 2700 4008 0485, Resident of Sneha Nagar, Gajanan Maharaj Mandir Road, Chandrapur, Pin Code No 442401, AND; Contd. … 2 IN FAVOUR OF SHRI , Aged about years, Occupation – Service / Business, (PAN , UID ), Resident of , here-in-after known and referred to as the “ALLOTTEE/PURCHASER/S” which expression shall unless repugnant to the context and meaning thereof, always mean and include the said “ALLOTTEE/PURCHASER/S” as well as his/her/their heirs, legal representatives, executors, successors, representatives and assigns of the OTHER PART. A. DESCRIPTION OF THE LAND & PROPERTY:- THAT, the SELLERS/PROMOTERS is the sole and exclusive owner of ALL THAT piece and parcel of land bearing Survey Khara No. 150/1, admeasuring about 1.27 Hectares, held in held in Occupancy Class-1 Rights, including all kinds of Trees, Shrubs, Passage, Right of Pathways, Water Courses and all other easementary rights appurtenant and belonging thereto, situated at MOUZA BHOKARA, in Patwari Halka No. 12-A, Tahsil: Nagpur (Rural), District: NAGPUR; THAT, earlier the aforesaid land bearing Kh. No. 150, admeasuring about 2,94 H.Rs was owned by Shri. Jagannath Dukare (Mahajan) and Shri. Sampatrao Dukre (Mahajan), after the partition between the families, the land admeasuring about 1.67 H.Rs went in the share of family of Shri. Sampatrao Dukre (Mahajan) which was renumbered as New Kb. No. 150/1, and the land admeasuring about 1.27 H.R. went in the share of family of Shri Jagannath Dukare (Mahajan) which was renumbered as New Kh. No. 150/1; THAT, on death of said Jagannath Dukare (Mahajan), the said land was inherited by his sons 1. Shri. Dadarao Jagannath Dukare (Mahajan), 2. Shri. Shamrao Jagannath Dukare (Mahajan), 3. Shri. Omprakash Jagannath Dukare (Mahajan), 4. Shri. Omdeo Jagannath Dukare (Mahajan), 5. Shri Rajesh Jagannath Dukare (Mahajan) and Widow Smt. Devkabai Jagannath Dukare (Mahajan) and their names were mutated in revenue records as the co- owners of the said Property vide Ferfar No. 889 dated 03/02/2004, THAT, on death of said Jagannath Dukare (Mahajan), the said land was inherited by his sons 1. Shri. Dadarao Jagannath Dukare (Mahajan), 2. Shri. Shamrao Jagannath Dukare (Mahajan), 3. Shri. Omprakash Jagannath Dukare (Mahajan), 4. Shri. Omdeo Jagannath Dukare (Mahajan), 5. Shri Rajesh Jagannath Dukare (Mahajan) and Widow Smt. Devkabai Contd. … 3 Jagannath Dukare (Mahajan) have jointly sold the said land to M/s. Om Developers by Sale Deed dated 07/10/2006 registered with Sub Registrar Nagpur-7 at Book No.1 at Sr. No. 5509 dated 07/0/2006 and the name of said M/s. Om Developers was mutated in revenue records as the owner of the paid Property vide Ferfar No. 1261 dated 29/05/2008; THAT, M/s. Om Developers further transferred the said property along with other properties by Sale Deed dated 25/08/2008 to Shri. Y.V.S.S. Raju registered with Sub Registrar, Nagpur 7 and the name of at Book No. 1 at Sr. No. 5328 on 25/08/2008 said Shri Y.V.S.S. Raju was mutated in revenue records as the owner of the said Property vide Ferfar No. 1473 dated. 28/09/2010. THAT, Shri Y.V.S.S. Raju by Agreement to Sell dated 09/04/2009 and thereafter obtained the Sale Deed in its favour by Sale Deed dated 07/12./2011 registered with Sub Registrar, Nagpur 10 (Rural) at Book No. 1 at Sr. No. 5412 dated 07/12/2011 and the name of the 3 M/s. JPK Sons Constructions Pvt. Ltd. was mutated in revenue records as the owner of the said land vide Ferfar No.1622 dated 03/03/2012. THAT, M/s. JPK Sons Constructions Pvt. Ltd. by Sale Deed dated 26/05/2022 in transferred the said property i.e. in favour of 1. M/s. S. R. Remedial Services Pvt. Ltd. & 2. Mr. Shyamsunder R. Mittal (i.e. Current Owners) registered with Sub Registrar, Nagpur 7 (Rural) at Book No. 1 at Sr. No. 4362 dated 26/05/2022 and the names of the 1. M/s. S. R. Remedial Services Pvt. Ltd. & 2. Mr. Shyamsunder R. Mittal (i.e. Current Owners) were mutated in revenue records as the owner of the said land vide Ferfar No.2608 dated 05/07/2022. As a result therefore the said M/S. S. R. REMEDIAL SERVICES PVT. LTD. and SHRI. SHYAMSUNDER R. MITTAL, the VENDOR/PROMOTERS named hereinabove has now become an exclusive, absolute and full owners of the aforesaid property comprising ALL THOSE Pieces and Parcels of ALL THAT piece and parcel of land bearing Survey Khara No. 150/2, admeasuring about 1.27 Hectares, held in held in Occupancy Class-1 Rights, including all kinds of Trees, Shrubs, Passage, Right of Pathways, Water Courses and all other easementary rights appurtenant and belonging thereto, situated at MOUZA: BHOKARA, in Patwari Halka No. 12-A, Tahsil: Nagpur (Rural), District: NAGPUR with heritable and transferable rights therein and the same is also accordingly mutated in its name in 7/12 Extracts. Contd. … 4 THAT, the Urban Development Department in accordance with the Maharashtra Metropolitan Region Development Authority Act, 2016 published a Notification dated 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 42-D thereof for the said area. THAT, the Nagpur Metropolitan Region Development Authority has tentatively sanctioned the residential Lay-out carved on the said entire land Khara No. 150/1, admeasuring about 1.67 Hectares, situated at MOUZA: BHOKARA, in Patwari Halka No. 12-A, Tahsil: Nagpur (Rural), District: NAGP consisting of various residential Lay-out plots vide Letter bearing No. dk- vfHk-@ukeifzoizk@7725 dated 27/10/2022. THAT, the SELLERS/PROMOTERS decided to develop the aforesaid land of Khasra No. 150/1 of MOUZA – BHOKARA 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) in Revenue Case No. /NAP-34/2022-23, dated and the Lay-out on the said land is also recommended for final approval by the Executive Engineer, NMRDA, Nagpur vide letter No dk-vfHk- @ukeifzoizk@7725 dated 27/10/2022. The said Lay-out is sanctioned as Residential Lay-out and the same is known and styled as “FAIR EARTH-I” THAT, the SELLERS/PROMOTERS has agreed to develop the Lay-out as per the drawing, designs & 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 SELLERS/PROMOTERS herein and visited the office of the SELLERS/PROMOTERS and also satisfied himself/herself/themselves in respect of the title of the said entire property and SELLERS/ 4 PROMOTERS’S authority and right to develop the said land and to sell the various residential Lay-out plots to the prospective buyers; ‘ Contd. … 5 THAT, the ALLOTTEE/PURCHASER/S here-in-above approached to the SELLERS/PROMOTERS for the purchase of Residential Plot for his/her/their residential purposes in the said Lay-out known as “FAIR EARTH-I” and has agreed to pay the cost of developed plot to the SELLERS/PROMOTERS; A ND B. TITLE CERTIFICATE: The title of the Owner/Promoter is duly verified through their Advocate Sandeep A. Shastri, 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 Owner/Promoter 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 Owner/Promoter has applied for, and is granted due registration under the provisions of the Real Estate (Regulation and Development) Act, 2017, bearing no.. as Annexure-“D”. 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 set out Contd. … 10 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 Owner /Promoter and the Owner/Promoter 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 Owner/Promoter 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. G. CONSIDERATION: After being satisfied with the Title as above, the Purchaser herein made an offer to the Promoter 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 ofRs. ……………….[Rupees………………… Only] against and in consideration of the said Plot agreed to be sold by the Owner/Developer/Promoter to the Purchaser, as an advance payment, the payment and receipt of which advance amount the Owner/Developer/Promoter hereby admit and acknowledge. The Purchaser has agreed to pay to the Owner/Developer/Promoter, 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 Owner/Promoter 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 Contd. … 10 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 Owner/Promoter herein agreed to sell to the Purchaser/s and the Purchaser/s has/have agreed to purchase from the Owner/Promoter the mutually agreed lumpsum consideration of Rs. _______________________/- ( ) Only and the Purchaser shall make the payment of the same in the name of “M/S. S R REMEDIAL SERVICES PVT. LTD,” or such other name as may be specified from time to time by the Owner/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 VENDOR/PROMOTER in the manner stipulated in Schedule - E. That the VENDOR/PROMOTER 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 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 Owner/Promoter before DEC-2025 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 Owner/promoter 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. 2.3 DELAY IN HANDING OVER POSSESSION BY OWNER/DEVELOPER/PROMOTER/ CONSENTING PARTY: It is agreed between the parties hereto that if the Owner/Developer/Promoter 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 Owner/Developer/Promoter 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, Contd. … 10 then in such case, Owner/Developer/ Promoter 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 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 Owner/Developer/Promoter 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 Owner/Developer/Promoter, the Purchaser/s hereby agree/s and bind/s himself/ herself/themselves to pay to the owner/Developer/Promoter, changes for common service if any. 4. FORMATION OF FINAL BODY OF PURCHASERS: The Owner/Developer/Promoter shall on execution of registered agreement for sale by 51% purchasers form 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 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 Owner/Developer/Promoter of which all the purchasers of Plots shall be bound to become and be admitted as members. 5. NO RIGHTS 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 rights 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 Owner/Developer/Promoterof all the plots on the said Land, then in such case, the Owner/Developer/Promoter 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 Owner/Developer/Promoter, the Ultimate Body shall admit as members the Purchasers of such plots without charging any premium, transfer fees, or any other extra payment. Contd. … 10 7. REPRESENTATIONS AND WARRANTIES OF THE OWNER/DEVELOPER/PROMOTER: The Promoter hereby represents and warrants to the Allottee/Purchaser as follows:- (a) The Promoter has clear and marketable title with respect to the project land/Plot; 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; The promoter has also obtained the necessary N.A. permission from competent authority: (b) 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; (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 are 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/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/s and common areas; (f) 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; (g) 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 Plot which will, in any manner, affect the rights of Allottee under this Agreement; (h) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Plot to the Allottee in the manner contemplated in this Agreement; (i) 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; (j) 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 Promoter in respect of the project land and/or the Project except those disclosed in the title report. Contd. … 10 (k) The promoter shall obtain all such insurance as may be notified by the Government of Maharashtra: (l) 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 Owner/Developer/Promoter 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 Owner/Developer/Promoter or Consenting Party in favour of the Association/ condominium/ society of all Plot purchasers in the said project. 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. 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. 11. ADDRESS FOR SERVICE: That all notices to be served on the Allottee/Purchaser 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: Name of Allottee/Purchaser (Allottee's Address) Notified Email ID:………………………………………… M/s. S. R. REMEDIAL PRIVATE LIMITED Tower F3, Godrej Anandam, Ganeshpeth, Nagpur, 440018 (MH) Notified Email ID Contd. … 10 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. 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 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 ………………….courts within whose local limits the property is situated will have the jurisdiction for this Agreement. Important Note.-Please insert any other terms and conditions as per the contractual understanding between the parties, however, please ensure that such additional terms and conditions are not in derogation of or inconsistent with the provisions of the said act and any other governing law for time being in force and the Rules and Regulations made thereunder]. Note.-Testimonial clause to be finalized in individual cases having regard to the constitution of the parties to the Agreement. Contd. … 10 SCHEDULE – “A” SCHEDULE OF THE PROPERTY ALL THAT piece and parcel of land being Plot bearing No. , admeasuring about Sq. Mtrs. (OR Sq. Ft.) (dimensions are as shown in the plan annexed herewith) out of the Lay-out known as “FAIR EARTH-I” carved on ALL THAT piece and parcel of land bearing Survey Khara No. 150/2, admeasuring about 1.27 Hectares, held in held in Occupancy Class-1 Rights, including all kinds of Trees, Shrubs, Passage, Right of Pathways, Water Courses and all other easementary rights appurtenant and belonging thereto, situated at MOUZA BHOKARA, in Patwari Halka No. 12-A, Tahsil: Nagpur (Rural), 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 _. IN WITNESES WHEREOF THE VENDOR/PROMOTER AND THE ALLOTTEE/PURCHASER/S hereto have signed this AGREEMENT TO SELL at Nagpur in presence of attesting witnesses, signing as such on the day first hereinabove written. SL. FINGER PRINT PASSPORT SIZE SIGNATURE & FULL NAME NO. (LEFT THUMB) PHOTOGRAPH FOR M/S. S. R. REMEDIAL PRIVATE LIMITED 01 (SHRI. NITIN M. UPARE) Authorised Signatory VENDOR/PROMOTER Contd. … 11 02 ALLOTTEE/PURCHASER WITNESSES :- I WITNEESS NO. 1 II _ WITNEESS NO. 2 Contd. …