AGREEMENT FOR SALE This Agreement made at...........this........day of.......... in the year Two Thousand and ..................... between RPM INFRAVENTURES PVT. LTD., a Company duly incorporated under the Companies Act, 1956 bearing Incorporation Certificate No. U68100MH2023PTC401192, having Registered Office at 104-105, VCA Complex, Civil Lines, – 440001 through its Director, Shri Prasanta Mishra, Age : 59 Years, Occ. : Business, R/o. Flat No. 301, Park Residency, Plot No.6, Raj Nagar, Katol Road, Nagpur – 440013; hereinafter referred to as "the Vendor / the Promoter / the Developer” of the First Part. AND MR. / MRS. / MISS / MESSERS _______________________________, Aged about ______ years, Occupation – __________, (Income Tax PAN – _________________) (Aadhar No. ________________), (Mobile No. ____________), (Email Id – ____________________) Resident of _______________________________________, hereinafter referred to as "the Allottee" of the Second Part. WHEREAS the Vendor/Promoter/Developer is holder of the Registered Power of Attorney bearing Registration No. 7695/2024 and executed before Sub-Registrar, Nagpur-4 and is thus authorized to transact any business of behalf of Shri Pratap Nirmalsingh Rana and Shri Shyam Nirmalsingh Rana the owner and title holder of an immovable property comprising ALL THAT Piece and Parcel of land bearing Plot No. 5A, NMC House No.1267/9, KH No.17/1, 17/2 & 26/1, Ward No.61, Sheet No.13, CTS No. 277, PHC No.11, Name of Layout : Ankila Layout, Property Index No. 01007640; demarcated & bounded by House of Smt. Jamgade (Other Layout Plots) to the East, by 9 meter wide Road to the West, by House of Smt. Shantabai Thakur (Plot No. 4A) to the North and by 9 meter wide Road to the South; admeasuring 500.019 sq. mts. area; hereinafter to be referred to as “The Project Land”. TOGETHERWITH a MahaRERA Registered Project named “MULTY FAMILY RESIDENTIAL UNIT” having one and only Wing / Phase / Building named “SHREE KRUPA”, proposed to be constructed thereon. WHEREAS the Complete Recital of the Title of the Promoter to the plot on which promoter proposes to construct and sale the Apartment is as below… ALL THOSE piece and parcel of land bearing kh. Nos. 26/1 and 17/2, of Mauza - MANKAPUR, P.S.K. 11 having an area of 1012 Hectares and 1.22 Hectares respectively, situated at Mankapur, Nagpur in Thasil and District- NAGPUR, Originally belonged to Smt. Vimlabai A.S. Acquvila having purchased the same by her from Shri. Kanthiram Chandu Dhongde, by a Sale Deed Dated 20-05-1948, which is duly Registered at the Office of the Sub-Registrar, Nagpur in Addl. Book No. 1, Volume No. 99 on Pages 259 to 261 at Sr. No. 1223 on 26/05/1948. AND WHEREAS the aforesaid Smt. Vimalbai A.S. Accquvila prepared a Plan of the layout for the said kh. Nos. 26/1 and 17/2 of MOUZA MANKAPUR, P.S.K. 11 consisting of various Plots of different sizes therein. AND WHEREAS the aforesaid Smt. Vimalbai A.S. Accquvila later on transferred ALL THAT Piece and Parcel of land bearing Plot No. 5-A containing by admeasurement 6000 Sq. Ft. (OR 557.41 Sq.Mtrs.) being a portion of the entire land bearing Kh. No. 26/1 of MAUZA- MANKAPUR, P.S.K. 11 including all other easementary rights appurtenant belonging thereto, bearing City Survey No. 277 and Sheet No. 524 & 525 of Mauza - Mankapur, situated at Amrut Colony, Mankapur, Nagpur within the limits of the Nagpur Municipal Corporation Ward No. 61 in Tahsil and District - NAGPUR, by way of sale to Shri Pratap Nirmalsingh Rana and Shri Shyam Nirmalsingh Rana, the Owners named hereinabove, by a Sale Deed Dated 23/02/1982, which is duly Registered at the Office of the Joint Sub -Registrar, Nagpur-1, in Book No.1, at Sr. No. 1053 on even date. As a result therefore the Owners have become the Joint/Co-Owners of the aforesaid property with heritable and transferable rights therein and the same is also accordingly mutated in their joint names in all relevant records. AND WHEREAS the aforesaid Plot No. 5-A is covered under the scheme of 1900 layouts of the Nagpur Improvement Trust, Nagpur. AND WHEREAS for Regularisation and Development of the said Plot No. 5-A from the Nagpur Improvement Trust, Nagpur under the Provisions of Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001, the Owners named hereinabove had applied to the Nagpur Improvement Trust, Nagpur for the same. They also paid/deposited the Development Charges for Regularisation and Development of the said Plot of land in the Office of the Nagpur Improvement Trust, Nagpur as demanded by it. AND WHEREAS consideration the application of the Vendor and also on receipt of the Development charges as demanded by it from them, the Nagpur Improvement Trust, Nagpur later on regularised the said Plot No. 5-A and accordingly a Regularisation Letter to that effect is also issued by the Building Engineer (N), Nagpur Improvement Trust, Nagpur vide his Permit No. 391 Dated 03-03-2022 in Case No. 20071201275 and Layout No. 1900/Mank/1310. As per the regularisation Letter Dated 03-03-2022 the area of the said Plot No. 5-A is shown and declared as 500.019 Sq. Mtrs. instead of 557.41 Sq. Mtrs. Thus the area of the said Plot is at present 500.019 Sq. Mtrs. AND WHEREAS THE Owners later on constructed a structure on the said Plot No.5-A covering a Built-up area of 77.22 Sq Mtrs. Bearing Corporation House No. 1267/9, City Survey No. 277 and Sheet No. 11 of Mauza – Mankapur. AND WHEREAS for cogent reason and good causes the Owners have jointly decided to develop the aforesaid property into a RESIDENTIAL ESTATE by separate Apartment therein. AND WHEREAS having no experience about the building construction activities, the Owners have now decided to entrust the entire work of Development of the said property to any well experienced builder of the City. AND WHEREAS the Owners being thus desirous of developing the said property and the Developer hereinabove named having expressed its desire willingness to undertake the proposed work of Development the Owners after detail negotiations have now agreed to develop & sell the aforesaid property to the Developer and/or it's nominees. AND WHEREAS the Owners and the Developer thereby executed an AGREEMENT OF DEVELOPMENT on 13/07/2023 which was duly registered vide Registration No. 6284/2023 at the office of Sub-Registrar, Nagpur – 4. AND WHEREAS the Owners has also appointed the Developer as their True and Lawful Attorney pertaining to aforementioned The Project Land and the Proposed Construction thereupon vide a GENERAL POWER OF ATTORNEY executed and registered on 13/07/2023 vide Registration No. 6284/2023 before the Sub-Registrar, Nagpur – 4. AND WHEREAS the Owners and the Developer further executed a CORRECTION DEED to correct the mistakes caused due to type-clerical errors and oversight in the aforementioned AGREEMENT OF DEVELOPMENT bearing Registration No. 6284/2023 on 31/07/2024 which was duly registered vide Registration No. 7694/2024 at the office of Sub-Registrar, Nagpur – 4. AND WHEREAS the Owners has also re-appointed the Developer as their True and Lawful Attorney pertaining to aforementioned The Project Land and the Proposed Construction thereupon vide a GENERAL POWER OF ATTORNEY executed and registered on 13/07/2023 vide Registration No. 6284/2023 before the Sub-Registrar, Nagpur – 4. AND WHEREAS the Developer / the Promoter / the Vendor thus has all the power to act on behalf of the Land Owners and is fully entitled to enter into this Agreement with the Purchaser. AND WHEREAS the aforesaid Developer / Promoter / Vendor company RPM INFRAVENTURES PVT. LTD. through its Director Shri Prasanta Mishra decided to develop the aforesaid Project Land into a RESIDENTIAL ESTATE by constructing a Multistoreyed Building thereon consisting of various self-contained separate Apartments therein. AND WHERES accordingly the Developer/ Vendor / Promoter have prepared a Plan of a Multistoreyed Building proposed to be constructed on the Project Land to be known and styled as “MULTY FAMILY RESIDENTIAL UNIT” having only one Wing / Phase / Building named “SHREE KRUPA”, and the same is sanctioned and approved by the Building Engineer (North), Nagpur Improvement Trust, Nagpur vide its Building Permit & Commencement Certificate No. B.E. (NORTH)/Case No. 22232131/Tracking No. 2023073148 /1540 Dated 26/02/2023. AND WHEREAS the promoter hereby declares that there are No covenants affecting the said property, No impediments attached to the said property, No Area occupied by Tenants and No illegal encroachment on the said property. No special permission is required from any Government or Authority which affects the title to the property and details of all such required permissions obtained and there are No mortgage or lien or charge on the said property. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; and the Vendor/ Lessor/Original Owner/Promoter is in possession of the project land. AND WHEREAS the Promoter has proposed to construct on the project land project named “MULTY FAMILY RESIDENTIAL UNIT” having only one Wing / Phase / Building named “SHREE KRUPA”, consisting a Ground floor and Six Upper floors. The Ground Floor is meant for covered parking area. There are 2 (TWO) 3BHK APARTMENTS proposed each on the FIRST FLOOR & the SECOND FLOOR; 3 (THREE) 2BHK APARTMENTS proposed each on the THIRD FLOOR, FOURTH FLOOR & the FIFTH FLOOR; 1 (ONE) 2BHK APARTMENT proposed on the SIXTH FLOOR. Thus there are in all 10 (Ten) 2BHK and 4 (Four) 3BHK independent and self-contained separate Apartments the said Building. AND WHEREAS the Allottee is offered an Apartment bearing number ___ on the ______ floor, (herein after referred to as the said “Apartment”) of the Building to be called “SHREE KRUPA” (herein after referred to as the said “Building”) being constructed in the one and only phase of the said project, by the Promoter. AND WHEREAS the Allottee is offered unit, garages(s) bearing number ______ admeasuring _____ sq. mtrs. Equivalent to _____ sq. ft. / mechanical car parking unit bearing number ______ admeasuring ________ sq. mtrs. Equivalent to ______ sq. ft. OR Further the Allottee is offered an open car parking bearing No. ______ without any consideration. AND WHEREAS the Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at ___________ no _________________; authenticated copy is attached in Annexure ‘F’; AND WHEREAS the Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the Development Agreement/Power of Attorney the Promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof. AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Messrs................................... and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder. AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved the concerned Local Authority have been annexed hereto and marked as Annexure C-1. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2. AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of an Apartment No. ______ on _____ floor along with Parking No. _______ or Open Parking in one and only building/wing/phase of the said Project. AND WHEREAS the carpet area of the said Apartment is ________ square meters and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs................ (Rupees ...............................) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. ______________________ ; AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment/Plot) and the garage/covered parking(if applicable) NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building/s consisting of one ground floor and five upper floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time.Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment No. .............. of the type ........................................... of carpet area admeasuring .................... sq. metres on ............ floor in the building /wing (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ................... including Rs. ................... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos____admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at Basement and/or stilt and /or_podium being constructed in the layout for the consideration of Rs. _______/- (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at Basement and/or stilt and /or podium being constructed in the layout for the consideration of Rs. /-. 1(b) The total aggregate consideration amount for the apartment including garages/covered parking spaces is thus Rs._______________/- 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. ... ...................... (Rupees .......................................... only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs ................ (Rupees...................................................) and shall be deposited in RERA Designated Collection Bank Account No. 43289357600 in STATE BANK OF INDIA, SBI CHHAONI BRANCH (05999)having IFS Code SBIN0005999 situated at SBI CHHAONI BRANCH, KATOL ROAD, NAGPUR. In addition to the above bank account, I/we have opened in the same bank, RERA Designated Separate Bank Account and RERA Designated Transaction Bank Account having Account No. 42849939146 and 43289302048 respectively. The Allottee hereby agrees to pay to that Promoter the balance amount of Rs................... (Rupees .............................. ................... only) in the following manner : i. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building or wing in which the said Apartment is located. iii. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. iv. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located. vii. Amount of Rs. _____________ (Rupees _________________________________ only) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. viii. Balance Amount of Rs. ___________ (Rupees __________________________ only) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]. 1(e) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 1(g) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(h) The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple instalments linked to number of basements/podiums/ floors in case of multi-storied building/wing. 2(a) The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 2(b) Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoter has planned to utilize Floor Space Index of by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4(a) If the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 4(b) Without prejudice to the right of promoter to charge interest in terms of sub clause 4(a) above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of instalments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 6. The Promoter shall give possession of the Apartment to the Allottee on or before................. day of .............. 20....... If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Apartment on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of… (i) war, civil commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7(a) Procedure for taking possession: The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7(b) The Allottee shall take possession of the Apartment within 15 days of the written notice from the promotor to the Allottee intimating that the said Apartments are ready for use and occupancy. 7(c) Failure of Allottee to take Possession of Apartment: Upon receiving a written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7(d) If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence only. He shall use the garage or parking space only for purpose of keeping or parking vehicle only. 9. The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye- laws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co- operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9(a) The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9(b) The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9(c) Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts: (i) Rs. _________________________ for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. ________________ for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. _______________________ for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body. (iv) Rs. _______________________ for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs. _______________________ for Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs. _______________________ for deposits of electrical receiving and Sub Station provided in Layout. 11. The Allottee shall pay to the Promoter a sum of Rs. ................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; (iii) There are no encumbrances upon the project land or the Project except those disclosed in the title report; (iv) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the c o m m o n a r e a s o f t h e S t r u c t u r e to the Association of the Allottees; (x) The Promoter has duly paid and shall continue to pay and discharge u n d i s p u t e d 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; (xi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows : (i) To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. (ii) Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. (iii) To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. (iv) Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. (v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. (vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. (vii) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. (viii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. (ix) The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. (x) The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. (xi) Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. (xii) Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the *[Apartment/] and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such [Apartment/plot]. 18. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes. 22. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the [Apartment/Plot] to the total carpet area of all the [Apartments/Plots] in the Project. 24. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 25. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at _____________________. 26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below : Name of Allottee : ___________________________________________________ ___________________________________________________ Allottee’s Address : ___________________________________________________ ___________________________________________________ Notified Email ID : ___________________________________________________ Name of Promoter : RPM INFRAVENTURES PVT. LTD. through its Director, Shri Prasanta Mishra. Promoter’s Address : Plot Flat No. 301, Park Residency, Plot No.6, Raj Nagar, Katol Road, Nagpur – 440013. Notified Email ID : rpminfraventures@gmail.com It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. Stamp Duty and Registration : The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. Dispute Resolution : Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Competent Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. 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 will have the jurisdiction for this Agreement IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at NAGPUR in the presence of attesting witness, signing as such on the day first above written. FIRST SCHEDULE ABOVE REFERRED TO (Description of the freehold/leasehold land and all other details) THE UNDIVIDED ____ PERCENT share and interest in ALL THAT Piece and Parcel of land bearing Plot No. 5A, NMC House No.1267/9, KH No.17/1, 17/2 & 26/1, Ward No.61, Sheet No.13, CTS No. 277, PHC No.11, Name of Layout : Ankila Layout, Property Index No. 01007640; admeasuring 500.019 Sq. Mtrs. Area; and is bounded as under : ON THE EAST - By the House of Smt. Jamgade (Other Layout Plots) ON THE WEST – By 9 Meter wide Road ON THE NORTH – By House of Smt. Shantabai Thakur (Plot No. 4A) ON THE SOUTH – By 9 Meter wide Road SECOND SCHEDULE ABOVE REFERRED TO (Nature, extent and description of common areas and facilities.) A. Description of the common areas provided: Proposed Date Size/area of S. Type of common Proposed Date of of Occupancy the common No. areas provided handover for use Certificate areas provided As shown in i. PARKING 05/04/2025 14/10/2025 map ii. iii. B. Facilities/ amenities provided/to be provided within the building including in the common area of the building: Type of Proposed Proposed Date Size/area FSI Phase S. facilities Date of of handing of the Utilized name/ No. / amenities Occupancy over to the facilities or free number provided Certificate Society/common / of FSI organization amenities i. N.A. N.A N.A N.A N.A ii. iii. C. Facilities/ amenities provided/to be provided within the Layout and/or common area of the Layout: Type of Proposed Date Size/area Proposed FSI facilities Phase of handing of the S. Date of Utilized / name/ over to the facilities No. Occupancy or free amenities number Society/common / Certificate of FSI provided organization amenities i. N.A N.A N.A N.A N.A ii. iii. D. The size and the location of the facilities/amenities in form of open spaces (RG/PG) provided/to be provided within the plot and/or within the layout: Type of open Size of open Proposed Proposed Date of Phase S. spaces spaces Date of handing over to the name/ No. (PG/RG) to (PG/RG) to availability Society/common number be provided be provided for use organization i. N.A N.A N.A N.A N.A ii. iii. E. Details and specifications of the lifts: Type of Lift (passenger Number of Total no. of S. / service / stretcher / passenger or Speed Lifts No. goods / fire evacuation carrying capacity (mtr/sec) provided / any other) in weight (kg) i. ii. iii. SIGNED AND DELIVERED BY THE WITHIN NAMED Allottee: (including joint buyers) (1) (2) At on in the presence of WITNESSES: 1. Name : ____________________________________ Signature : ________________ 2. Name : ____________________________________ Signature : ________________ SIGNED AND DELIVERED BY THE WITHIN NAMED Promoter: (1) (Authorized Signatory) in the presence of WITNESSES: 1. Name : ____________________________________ Signature : ________________ 2. Name : ____________________________________ Signature : ________________ Note – Execution clauses to be finalised in individual cases having regard to the constitution of the parties to the Agreement. SCHEDULE ‘A’ DESCRIPTION OF THE APARTMENT/PLOT AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT ANNEXURE – A LEGAL TITLE REPORT BY ATTORNEY AT LAW / ADVOCATE ANNEXURE –B (Authenticated copies of Property Card) ANNEXURE – C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project) ANNEXURE - D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Apartment), ANNEXURE – F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) Received of and from the Allottee above named the sum of Rupees __________ on execution of this agreement towards Earnest Money Deposit or application fee. I say received. The Promoter/s.