Agreement Value Rs. /- Carpet Area Sq. N{trs. F.B. Area Sq. Mtrs. C.B. Area Sq. Mtrs. Terrace Area Sq. Mtrs. Flat/Shop No. Building Type G+ .u,,,REEMENT FOR SALE fc; lale ("Agreement") executed on this _ day of 20-, By and Between [If the prontoler is a Partnershipfirml Jai Kedarnath Enterprises, a partnership firm registered under the Indian Partnership Act, 1932, having its principal place of business at 201, First Floor, Sanman Tower, Yazirabad, Nanded (PAN AAMFJ6 623L), represented by its authorised Partner Mr Satish Purushottam Maheshwari, (Aadhar no. , 267068538737) authorised vide , hereinafter referred to as the "Promot0r" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and permitted assignees, including those of the respective partners). , AND [If the Allottee is srt Ittdividuall Mr. / Ms. , (Aadhar no. ) son / daughter of aged about residing at ' r(PAN hereinafter called the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, adrninistrators, successors-in-interest and permitted assignees). toRl Jai Kedarn Page I t llf the Allottee is a IfU4 Mr. ' (Aadhar no. ) son of aged about for self and as the Karta of the Hindu Joint Mitakshara r Family known as Fil.lF, having its place of business / residence at (PAN ), hereinafter referred to as the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, representatives, executors, administrators, successors- in-interest and permitted assigns as well as the members of the said HIIF, their heirs, executors, administrators, successors-in-interest and permitted assignees). ' lPlease insert details o.f other allottee(s), in case of more than one allottee) The Promoter and Allottee shall hereinafter collectively be referred to as the "Parties" and individuallv as "Partv". WHEREAS:- WHIIREAS by an Development Agreement dated day of 20....... exccutecl between Shri.. (hereinafter referred to as "the Original Owner") of the One Part and the Promoter of the Other Part ( hereinafter referred to as "the Development Agreement"), the Originai Owner granted to the Promoter development rights to the piece or parcel of freehold land lying and being at ................ in the Registration Sub-District of admeasuring sq. rntrs., or thereabouts more particularly described in the Schedule- I therein as well as hereunder written (hereinafter referred to as "the project land') and to qonstruct thereon building/s in accordance with the terms and conditions contained in the Development Agreement. AND WHEREAS the Pfomoter/Developer has got verified the title of the said Land/Plot from Shri. A. M. Khan an Advocate annexed hereto is a copy of the Title Certif-rcate as Annexure "A" I AND WHEREAS the Promoter/Developers has now commenced construction of the Complex /Building on the said Plot in accordance with sanctioned plans and the Promoter/Developers are desirous of selling FlaVShops in the said proposed Complex/Building. T'he building being constructed on the said plot shall be known as t' ,,tri t(edarnath EnterPrise.s .sJ"2' Pagel2, Par,{ner AND WHEREAS the Promoter/Developer has registered the project under the provisions of The Real Estate (Regulation And Development) Act with the Real Estate Regulatory Authority at No authenticated copy is attached in Annexure "8". AND WHEREAS the Allottee/Purchaser demanded from the Promoter/Developer 1 and the Promoter/Developer has given inspection to the Allottee/Purchaser of all the documents of title relating to the said plots, and the plans, designs and specifications ;irepared by the "ARCHITECTS" and such other documents as are specified under the Maharashtra Ownership Flat Act 1963 (hereinafter referred to as "THE SAID ACT") and the rules made thereunder. The Allottee/Purchaser have satisfied themselves abodt the Title of the Promoter/Developer to the said ' Land/plot and declares that they shall not be entitled to'raise any objection or requisition to the same or any matter relating to title or otherwise whatsoever. AND WffnnnAS the Promoter/Developer is the lawful owner of the Flat/Shop No. _, Floor, admeasuring about Sq. Mtrs., Chrpet Area, F.B. Area_Sq. Mtrs.,C.B. Area Sq. Mtrs., & Terrace Area Sq. Mtrs., in the building known as tt being constructed on Plot No. , Sector -_, 4t Nanded. AND WHEREAS the Allottee/Purchaser have agreed for purchasing the said Flat/Shop N.,. Floor, admeasuring about Sq. Mtrs., carpet --' -- Area_Sq. Area, F.B. Mtrs., c.B. Area_Sq. Mtrs., & Terrace Area Sq" Mtrs., in the building known as ' f " being constructed on PIot No. Sector -_, 4t "Said premises") for a total Nanded. (Hereinafter referred to as the -, consideration of Rs. (Rs. Only). AND WHEREAS the carpet area of the said Flat/Shop is .... . Sq. Mtrs. and "carpet area" means the net usable floor area Jf tn" .Flat/Shop, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appuftenant to the said Flat/Shop 1'or exclusive use of the Allottee/purchaser or verandah area and exclusive open terrace area appurtenant to the said Flat/Sfiop for exclusive use of the Allottee/Purchaser, but includes the area covered by the internal partition walls of the FlaVShop. w Jai Kedarnath Entgfprr+cS '/ Partner Page | 3 AND WHEREAS under section 13 of the said Act the Promoter,lDeveloper is required to execute a written Agreement for Sale of said Flat/Shop with the Allottee/Purchaser, being in fact these presents and also to register said Agreernent under the Registration Act 1908. AND WHEREAS in accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the parties, the Promoter/Developer hereby agrees to sell and the Allottee/Purchaser hereby agrees to purchase the (Flat/Shop) and covered parking. AND WHEREAS the parties relying the confirmations, representations and assurances of each other to faithfully abide by all the terrns, conditions and stipulations contained in this Agreement and all applicable laws, arc llow willing to inter into this Agreement on the terms and conditions appearing hereinafter. ,, NOW THEREFOR, THIS. AGREEMENT WITNES SETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Promoter/Developer shall construct the said building/s consisting of basement and .. ...ground/stilt,/. .. . ..podiums, and . .. '.. upper floors on the project land in accordance with the plans, designs and specit-rcations as approved by the! concemed local authority from time to time. Provided that the Promoter/Developer shall have to obtain prior consent in writing of the Allottee/Purchaser in respect of variations or modifrcations which may adversely affect the FlaVShop of the Allottee/Purchaser except any alteration ' or addition required by any Government authorities or due to change in law. l.a (i) The AllotteelPurchaser hereby agrees to purchase from ih" Promoter/Developer and the Promoter/Developer hereby agrees to sell to the ' Allottee/Purchaser Flat/Shop No. . ... of the type of l..carpet area admeasuring .......sq. metres on .... .. floor in the building /wing (hereinafter referred to as "the Flat/Shop") as shown in the Floor plan thereof hereto annexed and marked Annexure 4C" for the consideration ..nlv) including Only) being the proportionate price of the common areas Jal-Kedarnath Enterprises j .y Pdeel4 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. (ii) The Allottee/Purchaser hereby agrees to purchase from the Promc'ier/Developer and the Promoter/Developer hereby agrees to sell to the Allottee/Purchaser covered parking spaces bearing Nos situated at Basement and/or stilt and /or podium being constn_rcted in the layout for the consideration of Rs. ........../- (Rupees .......only I (b) The total aggregate consideration amount for the F1at/Shop including Rs /.(Rupees '1hus ::::::: ::::::: :::: ."",;; 1(c), 'The Allottee/Purchaser has paid on or before execution of this agreement a sum of Rs. /-(Rupees Only) as advance payment or application fee and hereby agrees to pay to that Promoter/Developer the balance amount of Rs. /-(Rupees Only) in the following manner :- Amount of Rs. (Rupees Only) (not exceeding 30yo of the total consideration) to be paid to the Promoter/Developer after the execution of Agreement. l1 Amount of Rs. (Rupees Only) (not exceeding 45oA of the total consideration) to be paid to the Promoter/Developer on completion of the Plinth of the building or wing in which the said FlatlShop is located. Kedarnath Enterprises Page | 5 Partner l(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter/Developer by way of Valup 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/Developer) up to the date of handing over the possession pf the [FlaVShop]. The Allottee/Purchaser shall pay apd bear all the following Charges, Deposits and Expenses to the Promoter/Developer as and when demanded: Legal and document charges at the time of execution of this Agreement. Charges for valuation report, if required. iai Kedarnath Ente rPrise': Page | 6 Water resource development charges and Development charges of NWCMC. Co-operalive Society/ Condominium of Apartments l[-imited Company formation/ registration charges. '\" :-,t . :r.t" :r--)r na.ge connection deposit and meter charges or ar\ ,',er ch:iles i osed by the NWCMC or other Governmeni \.:. .rl. : iL\'. Electlicity connection, meter deposit, MSEB service charges, cable charges and transforrner. Property Tax from the date of Possession of said Flat/Shop. Service Tax, VAT Tax, LBT oR cess or any other taxes or charges levied by the state or Government authorities. o NWCMC or other Government Authority Transfer Charges. io Any other charges, taxes and expenses levied by the: Government authorities. 1(") The Total Price is escalation-free, save and except escalations/increases, due to increase on account of developrnent charges payable to the competent ( authority and/or any other increase in clrarges which may be levied or imposed by the competent authority Local Bodies/Government from tirne to time. The Promoter/Developer undertakes and agrees that while raising a demand on the Allottee/Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter/Developer 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/Purchaser, which shall, only be applicable on subsequent payments. r (D The Promoter/Developer may allow in it's sole discretion, a rebatefor early payments of equal instalhnents payable by the Allottee/Purchaser by discounting such early payments @ _o/o per annum for the period by which th'e respective installment has been proponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee/Purchaser bv the Promoter/Developer. Jai Kedarnath Enter'Prises : ^ry -.,Patlner Page | 7 I (g) The Promoter/Developer shall confirm the final carpet area that has been allotted to the Allottee/Purchaser after the construction of the Building is complete and the occupancy certilicate is granted by thc cornpc'tent 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 fbr the carpet area shall "be recalculated upon confirmation by the Promoter/Developer. If there is any reduction in the carpet area within the defined limit then Promoter/Developer shall refund the excess money paid by Allottee/Purchaser 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/Purchaser. If there is any increase in the carpet area allotted to Allottee/Purchaser, the Promoter/Developer shall demand additional amount fiom the Allottee/Purchaser 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. I (h) The Allottee/Purchaser authorizes the Promoter/Developer to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if dly, in his/her name as the Promoter/Developer may in its sole discretion deem fit and ,il" Allottee/Purchaser undertakes not to objecVdemand/direct the Promoter/Developer to adjust his payments in any manner. 2.1 The Promoter/Developer hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concemed local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the FlaVShop to the Allottee/Purchaser, obtain from the concerned local authority occupancy and./or completion certificates in respect of the FlaVShop. 2.2 Time is essence for the PromoterlDeveloper as well as the AllotteeiPurchaser. The Promoter/Developer shall abide by the time schedule for completing the project and handing over the [FlatiShop] to the Allottee/Purchaser and the common areas to the association of the Allottee/Purchaser after receiving the occupancy certificate or the completion certificate or both, as the case may be. Simiiarfy, the Jai Kedarnath Enterprises v7 Page | 8 Allottee/Purchaser shall make timely payments of the installment 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/Developer as provided in clause 1 (c)'herein above. ("Payment Plan"). 3. The Promoter/Developer hereby declare that the Floor Space Index available in respect of the said Plot is -------- with ------ ?'o commercial utility. The PromoterDeveloper has obtained the sanction from NWCMC for Residential/Commercial use. The Promoter/Developer has reserved their right to utilize such permissible FSI for commercial purposes as per rule, as they .may deem fit and necessary. The Allottee/Purchaser shall not be entitled to object for such commercial utilization by the Promoter/Developer in any manner whatsoever. The Promoter/Developer has represented to the Allottee/Purchaser that no part of the said FSI has been used/utilized or will be utilized by the Promoter/Developer elsewhere for any purpose whatsoever save/except global FSI of the reserved plots or set back area of the said plot. In case while developing the said plot, if the Promoter/Developer has utilized FSI of any other plot by way of floating F.S.I. then the Promoter/Developer shall disclose the particulars of such FSI to the said Co-op Society in which the Allottee/Purchaser shall be admitted as the member thereof. 4.1 If the Prornoter/Developer fails to abide by the time schedule for completing the project and handing over the fFlat/Shop] to the Allottee/Purchaser, the Promoter/Developer agrees to pay to the AllotteePurchaser, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee/Purchaser, for every month of delay, till the handing over of the possession. The Allottee/Purchaser agrees to pay to the Promoter/Developer, interest as specifigd in the Rule, on all the delayed payment which become due and payable by the Allottee/Purchaser to the Promoter/Developer under the terms of this Agreement from the date the said amount is payable by the Allottee/Purchaser to the Promoter/Developer. 42 Without prejudice to the right of Promoter/Developer to charge interest in terms of sub clause 4.1 above, on the Allottee/Purchaser committing default in payment on due date of any amount due and payable by the .lai Kedarnath Page ! ^