Annexure – III Model Form of Agreement to be entered into between Promoter and Allottee(s) for Plotted Development projects. EXPLANATORY NOTE This is a made form of Agreement, which may be modified and adapted in each case 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 previous 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. Model Form of Agreement This Agreement made and executed this ………….. day of …………….. in the year …………… at …………….., Taluka …………………………, District ……………………. By and Between M/S. TIRUPATI DEVELOPERS, (PAN AAEFT 2905 K), Having its office at 3rd floor, NKY Tower, Ajni square, Nagpur - 440 015. Through its Partners, 1. SHRI PRASHANT S/O /O. MANOHARRAO BONGIRWAR, Aadhar No. 2563 1565 3287; Mobile No. 9822577701 Aged - 52 years, Occupation Business, R/o Plot No 11-A, Near Dhanwantari Hospital, Khare Town, Dharampeth, Nagpur - 440 010. 2. SHRI RAHUL S/O. ARUNRAO UPGANLAWAR, Aadhar No. 6728 4935 3791 Mobile No. 9822943401 Aged 48 years, Occupation Business, R/o. 304, Akshay Heights, Cement Road, Shivaji Nagar, Nagpur - 440 010 “OWNERS/DEVELOPERS/PROMOTERS”, (Which expression shall unless it be repugnant to the context or meaning thereof shall mean and include their legal heirs, executors, administrators, business assigns, trustees, transferees etc.).……………………….. Of the First part AND Name : ………………………..Age about …………………… years, occupation …………………………….Residing at ………………………. PAN …………………… [Hereinafter for the sake of brevity referred to as THE PURCHASER/S, OR ALLOTTEE/S which expression shall, unless repugnant to the context be deemed to include his/ her heirs, executors, administrators and assignees.………………………..Of the Second Part WHEREAS: A. DESCRIPTION OF THE LAND AND PROPERTY DESCRIPTION OF THE LAND & PROPERTY:- WHEREAS THAT, initially the agriculture land at Kh. No. 58/1, total area admeasuring 1.79 HR at Mouza - Panjri (Farm), Bhogwatdar Class II, P. H. No. 42, Tahsil Nagpur Gramin & District Nagpur, was owned & possessed by Shri Nama Kolba Ganurkar, Shri Bhujang Kolba Ganurkar, Shri Bharat Kolba Ganurkar & Shri Shamrao Kolba Ganurkar and their names are mutated in the 7/12 revenue records in the year 1979-1980. AND WHEREAS THAT thereafter, during the course of time resurvey of the Mouza Panjri Farm was conducted and the aforesaid land recorded in the name of Shri Nama Kolba Ganurkar, Shri Bhujang Kolba Ganurkar, Shri Bharat Kolba Ganurkar & Shri Shamrao Kolba Ganurkar is now renumbered as Kh. No. 113, total area admeasuring 1.72 HR of Mouza Panjri (Farm); AND WHEREAS THAT, thereafter, the land at Kh. No. 113, total area admeasuring 1.72 HR at Mouza - Panjri (Farm), Bhogwatdar Class II rights was converted into Bhogwatdar Class-1 rights by the Sub Divisional Officer Nagpur vide its Order passed in the Rev Case No. 613/LND-18/2002-2003, 18/01/2003 and the said entry was mutated in the 7/12 revenue records vide Ferfar No. 457, dt. 19/01/2003; AND WHEREAS THAT, thereafter, the agriculture land at Kh. No. 113, total area admeasuring 1.72 HR at Mouza Panjri (Farm), Tahsil Nagpur Gramin & District Nagpur is subsequently, mutated in the name of Shri Nama Kolba Ganurkar, Shri Bhujang Kolba Ganurkar, Shri Bharat Kolba Ganurkar, Shri Shamrao Kolba Ganurkar, Smt. Gunabai Mahadev Khawale, Smt. Janabai Dewaji Khawale, Smt. Manabai Gangaram Khawale, Smt. Ahilyabai Kundlikrao Bobde & Smt. Devkabai Ramchandra Dehankar and their names are mutated in the 7/12 revenue records; AND WHEREAS THAT THEREAFTER, as per the Order of the Tahsildar Nagpur Gramin vide his Order in Rev. Case No. 1559/13/2000-2001, dt.25/01/2001 the "KUL", the Tenancy Rights of Shri Kisan Narayan Kadu Diwanji & Shri Govinda Sakharam was deleted in the 7/12 revenue records and the said entry was mutated in the 7/12 revenue records vide Ferfar No. 467, dt. 29/03/2003. mutated in the 7/12 revenue records vide Ferfar No. 467, dt. 29/03/2003..; AND WHEREAS THAT, thereafter, Shri Nama Kolba Ganurkar left for heavenly abode and consequent upon his death his share of the said land at Kh. No. 113, total area admeasuring 1.72 HR at Mouza - Panjri (Farm) devolved upon his legal heirs namely Shri Dadarao Nama Ganurkar, Shri Sukhdev Namaji Ganurkar & Shri Rambhau Namaji Ganurkar. Subsequently Shri Rambhau Namaji Ganurkar also left for heavenly abode and consequent upon his death his share of the said land devolved upon his legal heirs namely Smt. Chhaya Rambhau Ganurkar, Sujata Rambhau Ganurkar after marriage Smt. Sujata Prashant Ganurkar and Shri Sonu Rambhau Ganurkar and their names are mutated in the 7/12 revenue records. Later on, Shri Shamrao Kolba Ganurkar left for heavenly abode on 10/01/2004 and consequent upon his death his share of the said land devolved upon his legal heirs namely Shri Dhanraj Shama Ganurkar, Shri Chandrabhan Shama Ganurkar, Shri Guaderao Shama Masurkar Ganurkar, Shri Pandurang Shama Ganurkar & Sau. Suman Vinayak Chandurkar. During the period Shri Bharat Kolba Ganurkar also left for heavenly abode on 25/05/2004 and consequent upon his death his share of the said land devolved upon his legal heirs namely Smt. Kaushalyabai Bharat Ganurkar, Shri Girdhar Bharat Ganurkar, Shri Prabhakar Bharat Ganurkar, Usha Bharat Ganurkar 10- Sau. Usha Shankarrao Chikhalkar, Chaya Bharat Ganurkar after marriage Sau. Chaya Anantrao Khawale and Sushila Bharat Ganurkar after marriage Sau. Sushila Bharat Dehankar and their names are also mutated in the 7/12 revenue records..; AND WHEREAS THAT, thereafter, Smt. Janabai Dewaji Khawale left for heavenly abode on 26/03/1985 and consequent upon her death her share of the said land devolved upon his legal heirs namely Shri Gangadhar Devaji Khawale, Shri Atmarao Devaji Khawale, Shri Jaidev Devaji Khawale & Shri Shantaram Devaji Khawale. Later on, Shri Jaidev Shantaram Devaji Khawale. Later on, Shri Jaidev Devaji Khawale also left for heavenly abode and Shri Shantaram Devaji Khawale also left for heavenly abode and consequent upon their death their share of the said land devolved upon their legal heirs namely Shri Prakash Jaidev Khawale, Shri Udaybhan Shantaram Khawale, Shri Ratnakar Shantaram Khawale, Smt. Kalabai Shantaram Khawale respectively. During the period Smt. Gunabai Mahadev Khawale left for heavenly abode on 10/04/1984 and consequent upon her death her share of the said land devolved upon his legal heirs namely Shri Shriram Mahadev Khawale, Shri Vitthal Mahadevrao Khawale, Shri Dhanraj Mahadevrao Khawale and Shri Sheshrao Mahadevrao Khawale. Subsequently Shri Shriram Mahadev Khawale left for heavenly abode on 09/11/1977 and consequent upon his death his share are of the said land devolved upon Shri Devanand Shriram Khawale, Smt. Mainabai Shriram Khawale and Shri Sheshrao Mahadevrao Khawale also left for heavenly abode on 27/06/2008 and co consequent upon his death his share of the said land devolved upon Shri Dattaraj Sheshrao Khawale, Shri Kishor Sheshrao Khawale, Shri Arun Sheshrao Khawale, Ku. Archana Sheshrao Khawale after marriage Archana Yadavrao Chumekar and Smt. Satyabhamabai Sheshrao nutated in Khawale and their names are jointly mutated the 7/12 revenue recorda vide Ferfar No. 1255, dt.30/07/2008.; AND WHEREAS THAT, THEREAFTER, Smt. Manabai Gangaram Khawale left for heavenly abode on 12/11/1983 and consequent upon her death her share of the said land devolved upon her legal heirs namely Shri Govinda Gangaram Khawale, Shri Gambhir Gangaram Khawale, Shri Suryabhan Gangaram Khawale & Sakhubai Govinda Khawale and their names are mutated in the 7/12 revenue records. Se also Sakhubai Govinda Khawale left for heavenly abode and she being unmarried and therefore her name was deleted in the 7/12 revenue records. Later on Shri Govinda Gangaram Khawale left for heavenly abode on 05/01/1992 and consequent upon his death his share of the said land devolved upon her legal heirs namely Shri Jivlag Govinda Khawale. During the period Shri Gambhir Gangaram Khawale left for heavenly abode on 19/02/2006 and consequent upon his death his share of the said land devolved upon her legal heirs namely Shri Akhleah Gambhir Khawale & Shri Mangesh Gambhir Khawale, Subsequently Shri Suryabhan Gangaram Khawale also left for heavenly abode on 14/06/2005 and com consequent upon his death his share of the said land devolved upon her legal heirs namely Shri Nilesh Suryabhan Khawale, Shri Yogesh Suryabhan Khawale, Smt. Ranjana Suryabhan Khawale & Smt. Shantabai Gopalrao Wankhede.; AND WHEREAS THAT, thereafter, the then owners Shri Dadarao Nama Ganurkar, Smt Chhaya Rambhau Ganurkar, Sujata Rambhau Ganurkar, Smt. Devkabai Ramchandra Dehankar, Shri Bhujang Shama Ganurkar, Shri Chandrabhan Pandurang Ganurkar through his POAH and for Himself Shri Dhanraj Shama Ganurkar. Shri Gunderao Shama Ganurkar, Sau. Suman Vinayak Chandurkar, Shri Girdhar Bharat Ganurkar, Smt. Kaushalya Bharat Ganurkar, Shri Prabhakar Bharat Ganurkar, Usha Bharat Ganurkar after marriage Sau. Usha Shankarrao Chikhalkar, Chaya Bharat Ganurkar after marriage Sau. Chaya Anantrao Khawale through their POAH and for Himself Shri Girdhar Bharat Ganurkar, Ku. Sonu Rambhau Ganurkar through her POAH & for Herself Smt. Chhaya Rambhau Ganurkar & Sushila Bharat Ganurkar transferred the land area admeasuring 0.91 HR out of Kh. No. 113, total area admeasuring 1.72 HR at Mouza Panjri (Farm) in favour of Shri Manoj Shripad Pimplapure, Shri Prabhat Devendranath Mukherjee & Shri Ajaysingh Mahipalsingh Chauhan and accordingly executed a registered Sale Deed bearing No. NGN-GRA-10-5388-2007, dt.07/11/2007 and the document is duly registered in Add Book No. 1 in the Office of the Sub Registrar Nagpur Gramin 10, thereby by virtue of the said registered Sale Deed Shri Manoj Shripad Pimplapure, Shri Prabhat Devendranath Mukherjee & Shri Ajaysingh Mahipalsingh Chauhan became the absolute joint owners land of the aren admeasuring 0.91 HR out of Kh. No. 113, total area admeasuring 1.72 HR at Mouza Panjri (Farm) AND WHEREAS THAT, thereafter the then joint owners Smt. Ahilyabai Kundlikrao Bobde, Smt. Devkabal Ramchandra Dehankar, Shri Dadarao Nama Ganurkar, Shri Sukhdev Namaji Ganurkar, Smt. Chhaya Rambhau Ganurkar, Sujata Rambhau Ganurkar after marriage Smt. Sujata Prashant Ganurkar, Shri Sonu Rambhau Ganurkar, Shri Gangadhar Devaji Khawale, Shri Atmarao Devaji Khawale, Shri Prakash Jaidev Khawale, Shri Udaybhan Shantaram Khawale, Shri Ratnakar Shantaram Khawale, Smt. Kalabai Shantaram Khawale, Shri Vitthal Mahadevrao Khawale, Shri Dhanraj Mahadevrao Khawale, Shri Devanand Shriram Khawale, Smt. Mainabai Shriram Khawale, Shri Jivlag Govind Khawale, Shri Akhlesh Gambhir Khawale, Shri Mangesh Gambhir Khawale, Shri Yogesh Suryabhan Khawale, Smt. Ranjana Suryabhan Khawale, Smt. Shantabai Gopalrao Wankhede, Shri Dattaraj Sheshrao Khawale, Shri Kishor Sheshrao Khawale, Shri Arun ari Arun Sheshrao Khawale, Ku. Archana Sheshrao Khawale after marriage Archana Yadávrao Ghumekar, Smt. Satyabhamabai Sheshrao Khawale, Shri Bhujang Kolba Ganurkar, Shri Dhanraj Shama Gamurkar, Shri Chandrabhan Shama Ganurkar, Shri Gunderas Shama Ganurkar, Shri Pandurang Shama Ganurkar, Sau Suman Vinayak Chandurkar, Smt Kaushalyabai Bharat Ganurkar, Shri Girdhar Bharat Ganurkar, Shri Prabhakar Bharat Ganurkar, Usha Bharat Ganurkar after marriage Sau. Usha Shankarrao Chikhalkar, Chaya Bharat Ganurkar after marriage Sau. Chaya Anantrao Khawale, Sushila Bharat Ganurkar after marriage Sau. Sushila Bharat Dehankar, Shri Manoj Shripad Pimplepure, Shri Prabhat Devendranath Mukherjee & Shri Nilesh Suryabhan Khawale jointly transferred the land at Kh. No. 113, total area admeasuring 1.72 HR at Mouza Panjri (Farm) in favour of the above- named Vendor Shri Jayant Madhavrao Khalatkar and accordingly executed a registered Sale Deed bearing No. NGN- 7-5108-2008, dt. 14/08/2008 and the document is duly registered in Add Book No. 1 in the Office of the Sub Registrar Nagpur 7, thereby by virtue of the said registered Sale Deed the above-named Vendor Shri Jayant Madhavrao Khalatkar became the absolute owner of the land at Kh. No. 113, total arca admeasuring 1.72 HR at Mouza Panjri (Farm) and accordingly his name is mutated in Matir dt. 02/09/2008, the 7/12 revenue records vide Ferfar No. 1266, dt 02/09/2008; AND WHEREAS thereafter, the Vendor named hereinabove are now desirous of disposing the aforesaid property at all that piece and parcel of agriculture land at Kh. No. 113, total area admeasuring 1.72 HR (4.25 Acres), Land Revenue Rs. 4.53/-yearly with Occupant Class I rights at Mouza-Panjri (Farm), P. H. No. 42, Khate No. 46, Tahsil Nagpur Gramin & District Nagpur for some cogent reason & good causes and therefore has declared his intention to do so. The Purchaser being desirous and interested in purchasing the said property, had approached the Vendor and verified the title documents and on being satisfied with the title of the Vendor with respect to the said property, and after due discussions and negotiations both the parties have arrived at an understanding for selling and purchasing the said agricultural land at all that piece and parcel of agriculture land at Kh. No. 113, total area admeasuring 1.72 HR (4.25 Acres). Land Revenue Rs. 4.53/- yearly with Occupant Class I rights at Mouza Panjri (Farm), P. H. No. 42, Khate No. 46, Tahsil Nagpur Gramin & District Nagpur. AND WHEREAS THAT, thereafter, Madhavrao the then owner Shri Jayant 8/o Khalatkar transferred the said land at Kh. No. 113 total area admeasuring 1.72 HR, of Mouza Mouza - Panjri (Farm), P. H. No. 42, Khate No. 46, Tahsil Nagpur Gramin & District Nagpur in favour of M/S. Tirupati Developers, Acting Through its Partners, Shri Prashant Manoharrac Bongirwar & Shri Rahul Arunrao Upganlawar. Thereby by the he virtue virtue of of registered registered sale deed bearing No. NGN /8951/2023, M/S. Tirupati Developers, Acting Through its Partners, Shri Prashant Manoharrno Bongirwar & Shri Rahul Arunrao Upganlawar became the absolute owner of the scheduled property and the same has been mutated in the 7/12 extract as on 28/9/2023 vide Ferfar No. 4804. AND WHEREAS THAT, thereafter The owners had submitted the scheduled property for its conversion into non-Agriculture land for Residential purpose and the Hon'ble Tahsildar vide Order dt. 8/10/2023 has approved the said conversion and to that effect proposed residential Layout Plan on Kh No 113 dt 20/9/2023 also been sanctioned. The property is coming Nagpur Metropolitan Region Development Authority (NMRDA) and the Executive Engineer Nagpur Metropolitan Region Development Authority (NMRDA) recommended the said Layout Plan for Demarcation Purpose; B. TITLE CERTIFICATE : The title of the owner/promoter/developer is duty verified through their advocate ………………………… and has certified that the title of the present owner/developer/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 ………………………. C. EXCLUSIVE RIGHT TO SELL AND DEVELOP: In the circumstances, the Owner/Developer/Promoter has the exclusive right to 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 as 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 oof Property Act. The Owner/Developer Promoter has applied for, and is granted due registration under the provisions of the Real Estate [Regulation and Development] Act, 2017, and the same is attached hereto as Annexure ………………… D. PURCHASER AGREES TO ACQUIRE: The Purchaser, after satisfying himself as regards the title of the Owner/Developer/Promoter to the said property, and after inspection of the entire documents of title as specified in the above referred Title opinion Annexure ……………………. 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 ………. Hectare, 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 Schedule ‘B’. E. INSPECTION OF TITLE DOCUMENTS/PLANS/LAYOUTS: The Purchaser/s has/have demanded from the owner/Developer/Promoter and the owner /Developer/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/developer/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. CONSIDEERATION: 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 of Rs…………………………[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 peer 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 Purchase/s has/have agreed to acquire and Owner/Developer/Promoter has agreed to sell the said Open Plot No. ……………. Admeasuring ………….sq.mtr, 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; 1.2. The said Plot agreed to be acquired by the Purchaser/s herein shall be provided only and only with the common amenities and facilities as per the specifications, which are set out in the Annexure ……….. hereunder written; 2. CONSIDERATION : 2.1. LUMP SUM CONSIDERATION AND EXCLUSIONS : As mentioned above, the Owner/Developer/Promoter herein agreed to sell to the Purchaser/s and the Purchaser/s has/have agreed to purchase from the Owner/Developer/Promoter the said open Plot inclusive the specifications mentioned in the Annexure ……………………… at or for the mutually agreed lump sum consideration of Rs…………………. Only) and the Purchaser shall make the payment of the same in the name of”………………………………” or such other name as may be specified from time to time by the Owner/Developer/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. 2.2. 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/Developer/Promoter 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 [fifteen days] two months [u/s 19(10)] of the Owner/Developer/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, 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 handling over possession of the last unsold Plot to the concerned Purchaser, on 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 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 be-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/Promoter of 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/Developers/Promoter, the Ultimate Body shall admit as members the Purchasers of such plots without charging any premium, transfer fees, or any other extra payment. 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 and also has actual, physical and leal 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 not 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 duty 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 9including any notice for acquisition or requisition of the said property) has been received or saved upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. (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 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. Promoter Name (Promoter Address) 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. 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, 2013, 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. LIST OF ANNEXES Annexure “A” : Title Certificate. Annexure “B” : 7/12 Extracts Annexure “C” : Approved Layout of Plots. Annexure “D” : Authenticated Copy of the approved layout showing the specific plot, subject matter of these presents. Annexure “E” : List of Common Areas, and Amenities to the provided under these presents. Annexure “F” : Registration Certificate of the Project granted by the Real Estate Regulatory Authority.