Mr. Manohar Marotrao Urkude 71 Farmer ADWPU6015A B. TITLE CERTIFICATE :The titk ,,t t h(' O\\ ner/ promoter/ developer is duly verified throu gh their advocate .............................. a nd ha certified that the title of the present owner/developer/ promoter is cl ean cka r .md free from a ll encumbrance, with ample right of development of the sa id property, coJhtru ct J,,n thereon, a nd sa le of the constructed Plots, as '-veil as the en t ire subject matter property or a npa rt thereof, The said title Certificate is tiled herewith as An nexure......... C. EXCLUSIVE RIGHT TO SELL AND DEVELOP: in the circumstances, the Owner/Developer/ Promoter has the excl usi\ e right of plottin g of the sa id and or to developed sa id Land by plotting of the sa id la nd into va rious plots a nd other permitted structures thereon, as per the a pproved layout of plots, and lo enter int o Agreements for Sa le of such plots etc. with prospective purchasers thereof under the prov i sions or. the Transfer of Property. Act. The . Owner/ Developer Promoter has ap plied for, and is gra nted due registration under the provisions of the Real Estate Regulation and Development Act, 201 7. and the same is attached hereto as Annexure D. PURCHASER AGREES TO ACQU IRE: The Purchaser, after satisfyi ng himself as regards the title of the Owner/Developer/Promoter to the sa id 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, nd after in specting 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 .:hedule A written here inaft er Ihere in after for the sake of brevity referred to as tl , "said Plots. the Purchaserls hay have agreed to acquire Plot No......., admeasuring about .............. Hectare, at or for the consideration and on the terms and cond itions set out here in after: the said Plot No. .......... is here in after referred to for the ake of convenience and brevity as "the said plot" and is more pa rticularly described in the SC H EDULE here und er written and marked n Red on the Plan Schedule 'B'. E. INSPECTION OF TITLE DOC U IT E NTS/PLANS/LAYOUTS: The· Purchaser has/ have demanded from the owner/Developer/ Promoter a nd the owner/Developer/Promoter have given inspection to the Purchaser/s of all the documents of title relating to the sa id Land, N.A. Assessment or the a pproved layouts, in respect of the sa id Pl ot, a nd the common a reas, amenities and the specific rights therei n. 1s hereby agreed to be old . F. INDEPENDENT VERIFICATION OF TITLE BY PURCHASER: The Purchaser/s has/have, before the execution hereof, had the titl e of the Owner/Developer/Promoter thereto independently verified throu gh the Legal Counsel/ Ad vocate of the Purchaser and the Purchaser has/have satisfied him self I herself/themselves that the sa me is free from a ll encumbrances, and is clear and marketa ble. G. CONSIDERATION: After being sat isfied' ith the Titl e as a bove, the Purchaser herein made an offer to the Promoter herein to purchase the sa id Plot in accordance with the a pproved layout of pl ots, a nd wi th the sa id intention deposi ted a um of Rs..... (Rupees ..... Only) vide Cheque No. ........... dated ....................... drawn on ....................... Bank,....................... Branch being the part payment out f the lump sum total Sa l e-price of Rs......................... [Rupees ....................... Onl: 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 recei pt of which advance amount the Owner/Deve l oper/Promoter hereby ad mi t a nd acknowledge. The Purchaser has·agreed to pay to the Owner/Devel oper/Promoter, in such name a nd as per their d irections, the entire balance of the sale­ price in th e ma nner as mentioned in the Schedule E hereunder written, and which payment is d eemed to be the essence of these presen b. NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :- 1. PURCHAE AND SALE OF THE P LOT: I.I . The Purchaser/s has/have agreed to acq uire and Owner/Developer/Promoter has agreed to sell the sa id Open Pl ot No.......... admeasuring ........... sq.mt. 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 Sched ule A and specified in Plan Sched ule 8 hereunder written: 1.2. The sa id Plot agreed to be acquired by the Purchaser/s herein sha ll be provided only and only \\ ith the common amenit ies and fac ilitie as per the specifications, which are set out in the Annexure ........-.................... hereunder\\ rittcn: 2. CONSIDEilATION: 2.1 . LUMP SUM CONSID EBA T IO AND EXCLUSIONS: As mentioned above. the Owncr/ l)cvclop€/Promoter herein agreed to sell to the Purchaser/s and the Purchaser/has/have agreed to purchase from the Owner/Developer/Promoter the said open Plot inclusive the specifications ment ioned in the A nnexure .............................-. at or for the mutua lly agreed lump sum consideration o f' Rs ........................... on ly) and the Purchaser shall make the payment of the same in the n ame of·· ..............................." or such other name as may be specified from time to time by the Owner/ De e l oper/Purchaser: and the sa id consideration amount is exclud in g expenses for stamp du ty and regi st ration lees. GST and A LL ot her taxes, expenses, etc., a nd a lso all the ot her outgoings as menti oned heroin below which wi ll be paid by the Purchaser/s separately as agreed and specified. 2.2 TI ME PERIOD FOR PO SJ-:SSIO The possession of the sa id Plot agreed to be purchased by the Purchaser/s shall be handed over to the Purchaser A by the Owner/ Developer Promoter before ....... on receipt of the entire amount of the purchase price of the aid Pl ot and other charges as agreed. The Purchaser/s shall take possessi on of the sa id open Plot "ithin [fifteen days] two months [u/s 19( I 0)] of the Owner/Developer/ Promoter giv in g wr itten notice to the Purchaser/s intimating the same and after com plying with a ll necessary l egal formalities, and effecting necessary payment as per agreed schedu le. 2.3 DELAY IN HANDING OYER POSSESSION BY OWNERIDEVELOPERIPROMOTEB/ CO ENTING PARTY: I t is agreed between the parties hereto that if the Owner/Developer/Promoter fa ils to give posses i on of the said Plot in accordan ce "ith the term of this Agreement wit hi n the stipu lated period as mentioned in cla uses 2.2 .................... here inabove or with in further mutua lly 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 unab l e to give possession of the said Plot by the said date and after a period of two months if those reasons still exist, thon in such case, Owner/Developer/ Promoter shall, without prejudice l o its rights reserved hereunder, be liable on demand of the Purchaser/s to refund the amoun t alread received by if in respect of the said Plot from the Purchaser/s w.th simple interest thereon at such rate of interest as prescribed und er the provisions L/ the REBA Act. 20 1 7, and the Rules made there under, per annum, from the date it recei ved the same till the date the a mounts and interest thereon irefunded to the Purchaser/s. 3. MAINTENANCE OF THE PLOT LA YOL"T: Commenci ng the week alter :"..•t i-:e i n "riti n g is given by the Owner/Developer/Promoter to the Pu rchaser/s that the said Plot is read: for use and occupation and i nti mation of the same is rece i ved by the Purchaser/s f rom the 0\\ ner De,·elo per/Promoter, the Purchaser/s hereby agree/sand bind/s h i mself/ herself/themselves to pa: t o the owner/Developer/Promoter, changes for common -e n·ice if any. . FORMAT:-ON OF FINAL BODY OF PU BCHASERS: The Owner/Developer/Promoter ha II on execution of registered agreement for sale by 51 % purchaser form wi thin the period of 3 months from handing over possession of the last unsold Plot lo the concerned Purchaser, in of the sa id Complex, shall form a Co-operative Housin g Society go,·erned by l he provisions ol the Maharashtra Co-operative Societies Act, 1960 or such other body as may be deemed lit by the owner/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 OEMANO SUB.DfVfSION: The Purchaser/s of the plot/Pl ots agreed to be sold hereunder and all the other purchasers of Pl ots in the sc:.d Land shall not have any right to make sub-division of the Plot and a lways subject i' the applicable rules, regulations and bye-laws. Purchasers shall not have individua l right, title, claim or interest in respect of the amenity spaces, open spaces and the said ent ire Land and the rights of the Purchaser/s are confined only to the Plot/Plots hereby agreed to be sold. it being expressly agreed subject to the applicable rules, regul ations and bye-laws. 6. UNSOLD PLOTS: In case the Conveyance is executed in favour of the U ltimate Body before the disposal by the Owner/Developer/Promoter of al l the plots on the said Land, then in such case, the Owner/Devel :-per/ Promoter shall joi n an the U ltimate Body as members holding such unsold plo--; and as and when such Plots a re sold to third party at the discretion of the Owner/Developer/Promoter, the Ulti ma te 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 OWNEB/DEVELOPERIPROMOTER: 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 lard and also has actual, pliysica I and lega l 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 bas lawful rights and requisite a pprovals from the competent Authorities to carry out development of the Project a nd sha ll o btain requisite approvals from time to time complete the devel opment 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 exrpt those disc losed in the t it le re por; there are no prohi bitory order for transfer of th,!! plot. e) A ll approva ls, licenses and permits issued by the competent authorities with respect to the Project, project land and sa id buildi ng are val id and subsisti ng and have been obtained by foliO\\ ing d ue process of law. Further. a ll a pprovals, 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 Ia \\ and the Promoter has been and shall, at all times, remain to be in compliance with all applicable law in relation to the Project, project land, Building/s and common area : f) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform ar.: act or thing, whereby the ri ght, title and interest of the Allottee created herein, me: prejudic i al!be affected; (g) The Promoter has not entered into any agreement for sale and /or development agreement or a ny other agreemen t/arrangement with any person or party with respect to the project la nd, includ ing the Project and the said Plot \ hich will, in any m.anner, affect the rights of Allottee under this Agreement; (h ) The Promoter confi rms that the Promoter is not restricted in any manner what so ever from selling the said Plot lo the Allottee in the manner contemplated in this Agreement; i ) The Promoter ha du l y pa id a nd shall continue to pay and discharge undisputed governmental dues, rates, charges a nd ta:xe and other monies, levies, impositions, premium · damages and /or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; j) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been recei ved or served upon the Promoter in respect of the project land and/or the Project except tho e disclosed in the title re port. k) The promoter shall obtain a ll such insurance as may be notified by the Government of Maharashtra; f) Til"e 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 a nd all documents execu ted 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 a nd any building with in the said Complex which may be exec uted by the Owner/Developer/Promoter or Consenting Party in favour of the Association/ condominium/ society of all Plot purchaser in the said project. 9. ENTIRE AGREEMENT : Th is Agreement, along with it schedu les and annexures, constitutes the entire Agreement between the Parties with respect to the ubject matter hereof and su persedes any and all understandings, any other agreemen ts, a llotment letter, correspondences, arrangements whether written or oral, if any, between the Partie in regard to the said apartment/plot/building, as the case may be. 10. FURTHE-R ASSURANCES: . . . Both Pa rties agree that they shall execute. a cknowled ge and deliver to the other such instruments and take such other actions. in addition to the instruments a nd actions specifically provided tor herein, as may be reasonably required n 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 lransaction. 11. ADDRESS FOR SERVICE: That all notices to be served on the A ll ottee/Purchaser and the Promoter as contemplated by th is Agreement shall be deemed to have been d ul y served if sent to the Allottee or the Promoter by Registered Pcit A.D and notified Ema il 1 0/U nder Certificate of Posting at their respective addressl.; specified below: Name of Allottee/Purchaser (AIIottlec's Addre ) Notified Email ID : ........................... M/s. Promoter Name (Promoter Address) Notified Emat. 10................................ It shall be the duty of the A llottee and the promoter to inform each other of any change in address subsequent to the execution of thi Agreement in the above address by Registered Post tailin g which a ll communications and l etters posted at the above address shall be deemed to have been received by the promoter or the All ottee. as the case may be. 12. DISPUTE RESOLUTION: Any dispute between parties shal l be settled amicably by following conciliation proceedings. -, case of failure to settle the dispute amicably, the same shall be decided as per tbf! provisions of the Real Estate (Regulation and Development) Act, 2016, Rules a nd Regulations, thereunder. 13. GOVERNING LAW : That the ri ghts a nd obliga tion of t he part ies under or arising out of this Agreement shall be construed and enforced in accordance ''i th the laws of I ndia for the lime being in force and the courts within \\hose local limits the property is si tuated will have the jurisdiction for this Agreement. In Witness whereof the seller and the buyer hereinabove named have fully examined and read over this DEED OF AGREEMENT TO SELL before execution and the same is drafted as per their own say and instructions and the contents whereof are found to be true, correct and hereby signed the same without any coercion undue influence, threat, intoxication , misrepresentation and fraud of any kind in presence of the attesting witness signing as such on the day first above written. Seller Name :- Mr. Manohar Marotrao Urkude Buyer Name :- ................................................ Witness No.1 :- ..................... Witness No.2 :- ..................... 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.