AGREEMENT TO SALE Zone No. 16.226 Rate Rs.25000/- per sq. mtr. THIS AGREEMENT TO SALE IS EXECUTED TODAY I.E. 18THDAY OF APRIL 2024 AT NANDED BY : A] Omprakash s/o Hariram Kothari Aged 69 yrs. Occu : Retired, R/o: Yashvant Nagar, Nanded B] Chhaya w/o Ashokrao Bijwe Aged 62 yrs. Occu : Business, R/o: Ashirvad Nagar, Nanded C] Kamlesh s/o Ashok Amravatkar (Bijwe) Aged 37 yrs. Occu : Business, R/o: Ashirvad Nagar, Nanded D] Chetan s/o Omprakash Kothari Aged 28 yrs. Occu : Business, R/o: Yashvant Nagar, Nanded (hereinafter collectively called as “Vendors/Promoters”, which Expression shall unless repugnant to the contexts or the meaning thereof includes his/their respective legal heirs, successors in title, partners, or assigns, etc. ) ON THE FIRST PART IN FAVOUR OF Age : yrs; Occ.: R/o : [PAN No.: ] [E-mail ID ] (hereinafter called as “Purchaser/Allottee” which expression shall unless repugnant to the context and meaning thereof include his/her/their legal heirs, successors in title or assigns, etc.) ON THE SECOND PART WITNESSETH AS UNDER : WHEREAS the Vendors namely 1] Chhaya w/o Ashok Bijwe, 2] Vikas s/o Vishvanath Mohale, 3] Omprakash s/o Hariram Kothari and 4] Sushilkumar s/o Shankarrao Jadhav purchased 0H81R land out of land Gut No 176 of Taroda(Bk), Tq & Dist Nanded vide a Regd. Sale Deed No. 1154/2013 dt 13/02/2013 executed in their favour by its then owner namely Sambha s/o Manikrao Waghmare. Somehow, on account of the internal adjustments one of the joint partners namely Sushilkumar s/o Shankarrao Jadhav sold his ¼ share i.e. adm. 20.25R to one of the said partner namely Omprakash s/o Hariram Kothari vide a Regd. Sale Deed No. 3112/2015 dt 08/05/2015 & then Omprakash s/o Hariram Kothari further gifted his half share i.e. 20.25R to his son namely Chetan s/o Omprakash Kothari vide Regd Gift Deed No. 3867/2023 dt. 13.04.2023. Similarly, another joint partner namely Vikas s/o Vishvanath Mohale sold his ¼ share i.e. adm. 20.25R to one Kamlesh s/o Ashok Amravatkar (Bijwe) vide a Regd Sale Deed No. 1428/2022 dt. 11.03.2022. Thus on account of above transactions, 1] Omprakash s/o Page 1 of 17 Hariram Kothari & 2] Chhaya w/o Ashok Bijwe became the joint owners of 40.50R & 3] Kamlesh s/o Ashok Amravatkar (Bijwe) & 4] Chetan s/o Omprakash Kothari became the latest & existing owners of their respective shares of 20.25R each in the said property total adm 81R. AND WHEREAS, all the existing parties then converted the said total land adm 0H81R into NA land consisting of various plots bearing Plot Nos. 1 to 46 alongwith open space located in the Registration Sub-District of Nanded. Out of these 46 plots, the promoters proposed to develop Plot Nos. 1 to 44 by constructing thereon various Row Houses under the present project & collective description of these 44 plots is more particularly described in the First Schedule hereunder written (hereinafter referred to as “the project land”). Then they also obtained the Construction Permission of Row Houses upon the said land from NWCMC, Nanded. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Vendor/Promoter is in possession of the project land AND WHEREAS the Promoter has proposed to construct on the project land Row Houses bearing Nos. 1 to 44 having 2 floored (ground + first floor) Construction for each Row House to be constructed on Plot Nos 1 to 44. AND WHERERAS the Allottee is offered a Row House bearing number constructed on said land (herein after referred to as the said “Row House”) in the said project namely “Shree Rama Township” by the promoter. 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 Mumbai vide Reg. 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 their ownership the Promoter has sole and exclusive right to sell the said Row Houses to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s) & 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 Engineer Chitalkar & Associates, Civil & Structural Consultant, Nanded 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 Row Houses are constructed respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. Page 2 of 17 AND WHEREAS 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 Bungalows/Row Houses 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 Row Houses and shall obtain the balance approvals from various authorities from time to time, so as to obtain Row Houses Completion Certificate or Occupancy Certificate of the said Row Houses. 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 Row Houses shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said Row Houses in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of a Bungalow/ Row House No ............. situated in “Shree Rama Township” Project. AND WHEREAS the RERA Carpet Area of the said Bungalow/ Row Houses is ……….square meters and “carpet area” means the net usable floor area of the building/ Row Houses, 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 Row Houses for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Row Houses. 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 Bungalow/ Row House agreed to be sold by the Promoter to the Allottee as advance Payment or Application Fee (the payment and receipt whereof the Promoter doth 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 Mumbai vide Reg. No. …… AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Bungalow/Row House with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. AND WHEREAS, the above Vendors are having power to sign & execute all necessary documents relating to sell, mortgage, lease, gift, etc. 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 Page 3 of 17 hereby agrees to purchase the (Bungalow/Row House) and the garage/covered parking (if applicable). NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLWS - The Promoter shall construct the said Row Houses 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 Bungalow/Row House of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1.a The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Bungalow/ Row House No………..of the type .................. of carpet area admeasuring ……..sq. meters on (hereinafter referred to as “the Bungalow/ Row House”) 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. 1.b The total aggregate consideration amount for the Bungalow/ Row House including garages/covered parking spaces in thus Rs. /- 1.c The Allottee has paid on or before execution of this agreement a sum of Rs. (Rupees ………………………………only) (not exceeding 5 % of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs /- (Rupees ) in the following manner:- i. Amount of Rs. ……/-( ) (not exceeding 15% of the total consideration) to be paid to the promoter after the execution of Agreement ii. Amount of Rs……./-(………) (not exceeding 30% of the total consideration) to be paid to the promoter on completion of the Plinth of the building in which the said Row House is located. iii. Amount of Rs……./-(………) (not exceeding 40% of the total consideration) to be paid to the Promoter on completion of the 3rd slab. iv. Amount of Rs……./-(………) (not exceeding 50% of the total consideration) to be paid to the Promoter on completion of the 5th slab. v. Amount of Rs……./-(………) (not exceeding 60% of the total consideration) to be paid to the Promoter on completion of the 7th slab vi. Amount of Rs……./-(………) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the 9th slab vii. Amount of Rs……/-(………) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, external plaster, elevation of the said Apartment. Page 4 of 17 viii. Amount of Rs. ……./-( .............) (not exceeding 90% of the total consideration) to be paid to the Promoter on completion of the external plumbing and floorings doors and windows, terraces with waterproofing, of the building in which the said Row House is located. ix. Amount of Rs…../-(…………) (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 in which the said Row House is located. x. Balance Amount of Rs……./-(……) against and at the time of handing over of the possession of the Bungalow/ Row House to the Allottee on or after receipt of occupancy certificate or completion certificate & on execution of the final sale/conveyance deed. 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-stories building/wing. 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, GST 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 [Bungalow/ Row House]. 1(e) The Total Price is escalation-free, save and except 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 Page 5 of 17 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. 2.1 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 Row House to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Row House. 2.2 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 [Bungalow/ Row House] 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 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 Space Index available as on date in respect of the Project land is sq quare meters only and Promoter has planned to utilized Space Index of 4743.93 sq mtrs only by availing of TDR or FSI available on payments 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 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 Row House to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall be belong to promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the [Bungalow/ Row House] 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 allottees) to the Promoter. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 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 Allotee 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 Page 6 of 17 sale consideration of the Row House 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 or price range (if unbranded) to be provided by the promoter in the said building and the Row House as are set out in the ‘Schedule of Amenities & Specification” hereto. 6. The promoter shall give possession of the Bungalow/ Row House to the Allottee on or before 30th April 2030. 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 Row House 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 Bungalow/ Row House on the aforesaid date, if the completion of building in which the Row House 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. 1 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 [bungalow/ Row House], 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 [Bungalow/ Row House] 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. 7.2 The Allottee shall take possession of the Row House within 15 days of the written notice from the promoter to the allottee intimating that the said Row Houses are ready for use and occupancy 7.3 Failure of Allottee to take Possession of {Bungalow/Apartment/Plot}: Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the [Bungalow/Row House/plot] 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 [Bungalow/ Row House /Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.1 such Allottee shall continue to be liable to pay maintenance charge as applicable. 7.4 If within a period of five years from the date of handing over the Bungalow/ Row House to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Bungalow/ Row House or the building in which the Row House are situated or any defects on account of workmanship, quality or provision of service, the, wherever possible such defects shall be ratified 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. Page 7 of 17 8. The allottee shall use the Row House or any part thereof or permit the same to be used only for purpose of Residence /office/show-room/shop/godown for carrying on any industry or business.(*strike of which is not applicable). He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. FORMATION OF SOCIETY, ETC. & ITS FUNCTIONS : The Society or Association of allottee will be formed within three months of the majority of allottee have booked their unit in the project. The Allottee along with other allottee(s)s of Project/ Row House 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 byelaws 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. Such society or Association of Persons will be formed within a period of three months after booking of majority of units in the said project by its respective allottees. 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. 9.1 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 Project/Building or wing in which the said Bungalow/Apartment/Row House is situated. 9.2 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 Row House are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Row House 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 Building/Apartment) of outgoings in respect of the project land and Row Houses 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 Row Houses. Until the Society or Limited company is formed and the said structure of the Row Houses is transferred to it, the Allottee shall pay to the Promoter & also provisional monthly contribution per month as may be decided by the Promoter towards making up all such 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 Row House 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 Row House 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.10,000/- for share money, application entrance fee of the society or Limited Company/Federation/Apex body. Page 8 of 17 (ii) Rs.10,000/- for formation and registration of the Society or Limited Company/Federation/Apex body. (iii) Rs.10,000/- 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.50,000/- for Deposit towards water, electric, and other utility and services connection charges & (vi) Rs.50,000/- for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee shall pay to the Promoter a sum of Rs. 20,000/- 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 leases. 12. At the time of registration of conveyance or Lease of the structure of the Row House, 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 Row Houses. 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 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 already disclosed by the promoter; v. All approvals, license 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 Row Houses 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, Row Houses and common areas; Page 9 of 17 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 [Bungalow/Apartment/plot/Row House] 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 [Bungalow/Apartment/plot/Row House] to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the project land/structure to the association of allottees the promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the project/Structure to the Association of the Allottees; x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; 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 Project Land/ Row House may come, hereby covenants with the Promoter as follows:- i. To maintain the entire Project land/ Row House at the Allottee’s own cost in good and tenantable repair and condition from the date that of possession of the Row House is taken and shall not do or suffer to be done anything in or to the Bungalow/building or to the Row House is situated or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Bungalow/ Row House any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Row House 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 Bungalow or the Row House is situated, including entrances of the Row House is situated and in case any damage is caused to the Bungalow or Row House is situated or the Row House 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 Bungalow/ Row House and maintain it 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 Row House is situated or Row House or Bungalow 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 breach of this condition, the Allottee shall be Page 10 of 17 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 Bungalow or Row House 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 Bungalow or Row House or any part thereof, nor any alteration in the elevation and outside colour scheme of the Bungalow or of Row House is situated and shall keep the portion, sewers, drains and pipes in the Bungalow/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 Row House 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 Bungalow or Row House 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 Row House 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 Bungalow or Row House in the compound or any portion of the project land and Row House 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 for giving water, electricity or any other service connection to the Bungalow or to the Row House 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 Bungalow or Row House 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 Row House 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 buildings and the Row House 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 Bungalow/ Row House 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 Bungalow/structure of the building in which Row House 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 Page 11 of 17 Bungalow/Apartment/buildings/Row Houses or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the Bungalow & the Row House 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 outgoings, 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 Row House or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Bungalow/ Row House 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 Bungalow/ Row House 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 Bungalow/ Row House /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 building/apartment/plot/Row House, as the case may be. Page 12 of 17 20. RIGHT TO AMEND This Agreement may only be amended through written consent of all the Parties hereto. 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 [Bungalow/Apartment/ plot/ Row House], in case of a transfer, as the said obligations go along with the [Bungalow/Apartment/Plot/Row House] 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 [Bungalow/Row House/plot] to the total carpet area of all the [Bungalows/Row House /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. 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 Nanded. 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 Positing at Page 13 of 17 their respective addresses specified & written hereinabove in the name clause of the present agreement. It shall be the duty of 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 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 Purchaser has/have paid the entire expenses for execution of this Agreement like Stamp Duty, Registration Charges, etc. Besides, the Purchaser shall solely be liable to pay all such other expenses which will be required to be incurred at the time of execution of final sale/conveyance deed of the said Row House either in his favour or in favour of the said Society, etc. of which the Purchaser/s will be a member. 30. DISPUTE RESOLUTION Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be refereed to 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 Nanded courts with have the jurisdiction for this Agreement IN WITNESS WHEREOF Parties hereinabove named have set their respective hands and signed this Agreement for sale at Nanded in the presence of attesting witness, signing as such on the day first above written. FIRST SCHEDULE (SCHEDULE OF PROJECT LAND) ABOVE REFERRED TO All piece and parcel of the plot property bearing Row House No. 1 to 44 out of land Gut No. 176 admeasuring in 4654.48 sq.mtrs out of the layout of 0H81R land situated within the local limits of Nanded Waghala City Municipal Corporation and within the layout of Gut No 176 and situated at village Taroda(Bk), Tq. & Dist. Nanded & collective boundaries of said 44 plots is : East : 12.00 mtr wide D.P. Road West : Land Gut No. 176 (Part) North : 7.50 Mtrs Internal Road South : Land Gut No. 186 Page 14 of 17 SECOND SCHEDULE OF APARTMENT/ROW HOUSE UNDER AGREEMENT All piece and parcel of the Row House No. situated on of Shree Rama Township out of Land Gut No. 176 having Carpet Area as per RERA Act admeasuring sq. mtrs. i.e. ( sq. fts). consisting of 1 hall, 1 kitchen, bedrooms, WC Bath & balcony and dry balcony as shown in the drawing attached herewith s/a village Taroda(Bk), Nanded & bounded on- East : West : North : South : SECOND SCHEDULE (OF COMMON AMENITIES) ABOVE REFERRED TO 1] Street Lights 2] All weather roads TECHNICAL SPECIFICATIONS OF THE PROPERTY That, the Gut No. of the Property is 176 & the total area of the project is 4654.48 sq mtrs. Non agricultural permission of said part of gut is sanctioned vide Order No. 2023/JM-2/42-B/CR-621 dt. 19.10.2023 by Tahsil Office, Nanded & Lay Out is finally approved by ADTP, NWCMC, Nanded vide his letter No. 64/23 dt. 27.07.2023 and Construction Permission of Row House Nos 1 to 18 of the said Shree Rama Township Project is sanctioned by the ADTP, Nanded Waghala City Municipal Corporation, Nanded vide its Letter bearing Permit No. DDMCW/B/2023/APL/03331 dt 10/12/2023 & that of Row House Nos. 19 to 44 is sanctioned vide Letter bearing Permit No. DDMCW/B/2023/APL/03248 dt. 08/11/2023. Shree Rama Township Project is also registered with Maharashtra Real Estate Regulatory Authority (MAHARERA) & the Registration Number of the same is . Page 15 of 17 “ANNEXTURE-E i.e SCHEDULE OF AMENITIES & SPECIFICATIONS” A] STRUCTURE : RCC frame Structure B] WALLS : # External walls 6” thick brickwork # Internal walls 4” thick brickwork C] DOORS : # Main door laminated/flush/galvanized sheet door # Internal Flush/laminated Doors Plywood Granite door / full body vitrified tiles flush- door framed for all internal door shutters D] PLASTER: # Internal walls with POP i.e. Plaster Of Paris / Gypsum (except parking, terrace, balconies, passage & washing areas) # Sand faced cement plaster/readymade plaster from outside E] DOOR FRAMES : # Granite / full body vitrified tiles for washrooms # Plywood or similar material for others F] ALUMINIUM WINDOWS : # Powder coated Aluminium sliding windows # M. S. Quard grills for safety & Security G] FLOORING: # Vitrified Tiles 2ft by 2ft H] KITCHEN : # Platform granite top kitchen with stainless steel sink & wall tiles above platform I] BATHROOMS: # Ceramic Tiles upto 7 ft height or above # Western or Indian commode in attached bedroom & Common Toilet J] ELECTRIFICATIONS : # Concealed fire resistant ISI marked copper wiring of RR Kabel, Polycab, Kolors, Finolex or equivalent with adequate light points per room # Branded make good quality modular switches K] COLOURING : # Internal painting with POP & OBD or equivalent paint # External painting with cement paint of standard quality L] PLUMBING & SANITARY : # Sanitary and CP fittings good quality or equivalent Concealed & open ISI mark pipeline for internal plumbing Page 16 of 17 WITNESSES : PROMOTER 1] Age : yrs., Occu.: R/o : A] Omprakash s/o Hariram Kothari R/o: Yashvant Nagar, Nanded B] Chhaya w/o Ashokrao Bijwe R/o: Ashirvad Nagar, Nanded C] Kamlesh s/o Ashok Amravatkar (Bijwe) R/o: Ashirvad Nagar, Nanded D] Chetan s/o Omprakash Kothari R/o: Yashvant Nagar, Nanded PURCHASER/ALLOTTEE R/o: Page 17 of 17