ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 Date: 13th December 2023 DEVIATION REPORT- AGREEMENT TO SALE Project Name: Atharva Sapphire Towers-A Project Details: M/s Atharva Infraventures (Promoter) through its Partner Shri Pratik S/o Chandrakant Suramwar, having its office at C-606, Leela Gardens, New Sneh Nagar, Wardha Road, Nagpur-440025 having a Commercial Cum Residential Scheme called “Atharva Sapphire Towers-B” Address:- Situated at Plot No.38, CTS No.486, Sheet No.783, Kh No.310/1,2,3,4,5/1,5/2 Mouje Chinchbhavan, Village Nagpur, Taluka and District Nagpur-441108. Boundries: Kh No.314/2 to the East, Road to the West, Retainable Plot No.37 to the North & Road to the South. I, Shri Pratik S/o Chandrakant Suramwar (Authorised Partner), hereby declare as Under: 1. That the Agreement to Sale prepared by us and uploaded an MAHARERA website, which would be issued to allotees is as per MODEL Draft Provided by Maha RERA Authorities underMaha RERA Rule 10(1) of the Rules. 2. That there is no deviation in Agreement to Sale Draft uploaded on site and a draft provided by Maha RERA Deviation Report Point Wise: Modified Clauses: Clause Clause as mentioned in Draft Clause as Clause as mentioned No.as per Agreement per RERA in Model Draft Draft Draft Agreement of RERA Agreement 1.b The total aggregate consideration 1.b The total aggregate amount for the said Apartment consideration excluding Allotted Covered amount for the Parking Space, MSEB & water apartment including charge (Infrastructure cost), Stamp garages/covered duty, Registration, Legal fees & parking spaces is association deposit is thus Rs. thus Rs. _/- ____________/-. 1.d The above mentioned total 1.d The Total Price above excludes Taxes price/consideration excludes Taxes (consisting of tax paid (consisting of tax paid or payable or payable by the ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 by the Promoter Party by way of Promoter by way of Value Added Tax, GST, Cess, Insurance Premium Service Tax, and Cess or towards Title of Property & any other similar taxes which may be levied, in Building or any other taxes, connection with the premiums, charges which may be construction of and carrying out the Project levied and/or payable, in payable by the connection with the construction Promoter) up to the date of handing over of and carrying out the Project the possession of the payable by the Promoter Party) up [Apartment/Plot]. to the date of handing over the possession of the said Apartment. The Allottee specifically agrees to pay to the Promoter Party all such Taxes & Insurance Premium as and when demanded and shall always keep the Promoter Party indemnified against the same. GST Provisions, the increased or decreed incidence of Tax (GST) shall be required to be paid by the Allottee. It shall be obligatory on the part of Allottee to pay the amount of GST as may be applicable) etc. simultaneously with the payment of each installment. The Allottee does hereby state and declares that it shall be the sole liability and responsibility of the Allottee to pay the amount of Tax Deducted at Source (TDS) @ 1.00% and undertaken to credit the same in the appropriate account of Income Tax Department, if applicable at the time of Registration of the Sale Deed. The said amount shall be deducted by ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 the Allottee from the Sale Consideration payable to the Promoter Party and to credit the same in the appropriate account of Income Tax Department. 3. The Promoter hereby declares that 3. The Promoter hereby the Floor Space Index available as declares that the Floor on date in respect of the project Space Index available as land is ______ square meters only on date in and Promoter has planned to respect of the project utilize Floor Space Index of land is ..................... ________ square meters by availing square meters only and of TDR or FSI available on payment Promoter has of premiums or FSI available as planned to utilize Floor incentive FSI by implementing Space Index of ______ various scheme as mentioned in by availing of TDR or FSI the Development Control available Regulation or based on on payment of expectation of increased FSI which premiums or FSI may be available in future on available as incentive modification to Development FSI by implementing Control Regulations, which are various applicable to the said Project. The scheme as mentioned Promoter has disclosed the Floor in the Development Space Index of ______ square Control Regulation or meters as proposed to be utilized based on expectation by him on the project land in the of increased FSI which said Project and Allottee has may be available in agreed to purchase the said future on modification Apartment based on the proposed to Development construction and sale of Control Regulations, Apartments to be carried out by which are applicable to the Promoter by utilizing the the said Project. The proposed FSI and on the Promoter has understanding that the declared disclosed the Floor proposed FSI shall belong to Space Index of _______ Promoter only. Likewise the as proposed to be Vendor/Promoter/Confirming utilized by him on the party Hereby declares that the project land in the said current approval by authorities is Project and Allottee has for ____Apartments and _____ agreed to purchase the more Apartments would be said Apartment sanctioned later after the based on the proposed procurement of Airport Authority construction and sale of NOC for additional height of the apartments to be Apartment and the Allottees agree carried out by the that have given consent to seek the Promoter by utilizing NOC from the Airport Authority, the proposed FSI and procure the balance on the understanding ________square meter FSI and get that the declared ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 the plan Approved by the Nagpur proposed FSI shall Municipal Corporation and build belong to Promoter all the _______Apartments as only initially planned. The Allottees shall not create any hindrance in any manner whatsoever and shall approve the Vendor/Promoter/Confirming Party to buy the conservancy lane FSI, amalgamate the said FSI to the Property and build the above mentioned _______Apartments. However, the Vendor/Promoter/Confirming party assures that the design, plan, specifications of the Allotted Apartment shall not be changed and in no way the right of the Allottee will be diluted in any manner. 17. After the Promoter executes this 17. After the Promoter executes this Agreement he shall not mortgage Agreement he shall not or create a charge on the mortgage or create a charge Apartment and if any such on the *[Apartment/] mortgage or charge is made or and if any such mortgage or charge is created then notwithstanding made or created then anything contained in any other notwithstanding anything contained in law for the time being in force, any other law for the such mortgage or charge shall not time being in force, such affect the right and interest of the mortgage or charge Allottee who has taken or agreed shall not affect the right and interest of the to take such Apartment, however Allottee who has Promoter can take project finance taken or agreed to take such [Apartment/plot]. on the project. 29 STAMP DUTY AND REGISTRATION, 29 Stamp Duty and MSEB/WATER & ASSOCIATION Registration :- The DEPOSIT : All expenses on account charges towards stamp duty and of preparation of all kinds of Registration of this documents viz. Agreement to Sell, Agreement shall be Sale Deed including cost of Stamp borne by the allottee. Duty, Registration Fees and all other charges and Misc. Expenses ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 including the Lawyer's fees payable in respect thereof have been agreed to be borne and paid by the Allottee. Additionally the Allottee shall bare the expenses of Rs____________/- towards infrastructure Cost (MSEB & Water Charges), GST as applicable & Association Deposit to the developer of Rs.________/- (to be paid on receipt of Occupancy Certificate/ Completion Certificate or before the Sale Deed registration) Added Clauses Clause Actual Clause No.as per Our Draft Agreement 1.i The Promoter Party shall be exclusive in-charge of the construction without any let or hindrance or interference by the Allottee or any other contractor and under no circumstances during the subsistence of this contract, the Allottee shall enter into any building contract in respect of Apartment with any other Engineer, Architect, Building Contractor or Advisory Agency and such contract, if made by the Allottee shall be void and shall not be binding upon the Promoter Party. 7.5 THAT on obtaining the proper Sale Deed relating to the Undivided share and interest in the said Plot of land hereby agreed to be sold, the same will be held by the Allottee jointly with the other Co-owners thereof. However the Apartment chosen by Allottee in the proposed multistoried building shall be owned and possessed by the Allottee exclusively with heritable and transferable rights therein. The common areas and facilities shall vest with the Association of the Apartment Owners for the purpose of maintenance. 7.6 The Allottee hereby agrees not to occupy the said Apartment without prior written permission of the Promoter Party else Allottee shall be treated as a trespasser. 7.7 The Allottee shall protect the important parts of the building such as columns, beams, walls, slabs of R.C.C., Pardis or other structural portions in the said Apartment and not cause any damage to the structural portions. In the like manner the Allottee shall not damage water proofing, floor tiles etc. which will result in leakage in the building and thereby weaken the same and endanger the structure. For such ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 unauthorized acts, if done by the Allottee, then in such event, Allottee will be solely responsible for any consequences which may arise. The Allottee shall not be entitled to put pots (Kundi)/Plants etc. in the open passage / lobby 7.8 The Vendor/Promoter Party does hereby agree with the Allottee that on receipt of the balance sale price and also upon the payment of Electricity and Water Meter deposits, payment of Legal charges including Stamp Duty and Registration Fees, payment of GST and all other Taxes and Cesses that may be levied and payable at the time of Registration from Allottee, the Vendor/Promoter Party will execute a proper Sale Deed relating to the Undivided share and interest in the said Plot of land and also the entire R.C.C. Superstructure comprising Apartment hereby agreed to be sold in favour of the Allottee or the nominee(s) appointed by the Allottee and get the same duly registered at the costs of Allottee in accordance with the law in force provided the Allottee shall have also paid the entire agreed cost of construction of the Apartment chosen by the Allottee to the Promoter Party. 7.9 In case any defect found in the proprietary items used in construction of said Apartment, the Allottee shall lodge claim of defects, shortcomings directly with the manufacturer of such item and the Promoter Party shall always cooperate and assist the Allottee in this regard. It is specifically brought to the notice of the Allottee that on account of extreme tropical climate, contraction and expansion result in hair cracks to walls and such hair cracks shall not be treated as defects. Provided further that in case of any change or modification to the Specification are effected at the request of the Allottee, then the defect Liability will not be applicable to such modified Specification items. Similarly if the Allottee has made modifications, changes or repairs and alterations to the Apartment resulting in damages of any nature, then under such circumstances the Promoter Party shall not be liable for make good of the defect 8.2 It is understood by the Allottee that the Promoter Party shall display any type of Board, signs, banners etc. on any exterior part of building proposed to be constructed on the said Plot of land and the Allottee will neither object/disturb it, nor obstruct it's visibility in any way. The Promoter Party shall not pay, nor the Allottee shall demand any rent etc. for any signs displayed by the Confirming Party 14.ii The Allottee hereby specifically agrees with the Promoter Party that even after taking over the actual possession of the Apartment chosen by Allottee, the Allottee will not object or prevent or obstruct the Promoter Party in any way in carrying on and completing the work of other Apartments in the said building and keeping building materials on the available open land. 14.vi Not to do or perform any activity, which will result in damages to the said Apartment and Common area of the Project. The Allottee shall not be entitled to carry material in Lift, keeping the materials of repairs in open space, bring in any Carriage or transporting Vehicle beyond the sustainable limit of the Floor within the said Project ATHARVA INFRAVENTURES C-606, LEELA GARDENS, NEW SNEH NAGAR, WARDHA ROAD, NAGPUR-440025 14.xiv The Allottee shall not make any structural changes & design including columns, beams, waterproofing treatments and if any changes are done without any written consent from the developer or the association, defect liability shall not be applicable & the Allottee/s have deemed to be done the work at his/her/their respective consequences and liability For Atharva Infraventures, For Atharva Infraventures Partner Shri Pratik S/o Chandrakant Suramwar (Authorized Signatory /Partner)