2 AGREEMENT TO SALE Agreement to sale of Residential Unit/Flat No. _________ in VANSH BLUEBELLS near Warkad Hospital adjacent to Vaibhav Colony, Behind Golden Jubilee School, Jalna the stamp value of Rs. ______________ /- and actual sale value Rs. _______________/-. This agreement to sale is executed today on __________ day of July, 2017 at Aurangabad, between :- M/s. Neha Infrastructures, (partnership.) Regd. Office – Sheetal Niwas, 1-12-138, Dana Bazar, Jalna. Through its Partner, 1) Mr.Nitin Khemchand Singhania Age. 47, Occupation : Business R/o. At Plot no 3 Singhaniya Dharmashala, Malviya Chowk, Gavalivada parisar, Nasik-422003 2) Mr.Sailesh Subhashchandra Devidan Age : 46 Years, Occupation : Business, R/o. Shri Krushana Rukhamini nagar near warkad hospital new mondha road , Jalna. (Hereinafter called as Promoter/Builder/Builder which expression shall mean and include all their legal heirs, successors, legal representatives, executors, administrators & assignees etc.) AND Mr. ___________S/o ________________, Age : _________, Occupation :- ___________ R/o.: ____________________________, (Hereinafter called as “Purchaser” which expression shall mean and include all his heirs, successors, legal representatives, executors, administrators and assignees). WHEREAS the property land Survey No. 121 (pt) 121/6 (pt) and 11482/18, 19 totally admeasuring 4482.95.sqm, situated at Jalna was owned and possessed by Shri. Vishal Kasharmilal Agrawal and Shilp Associates, Jalna they have sold it to Shri Sailesh Subhashchandra Devidan, Partner of Neha Infrastructures under the Registered Sale Deed no. 3707/17 dated 21th July 2017. 3 AND WHEREAS they also prepared the layout of the said land and it came to be approved by the Town Planning Department on dated 16.11.2017 and the revised layout came to be prepared and approved by Municipal Council, Jalna on dated 05.12.2017 having therein only 2 plots and the copy of the layout plan is annexed hereto AND WHEREAS the City Survey Authority also allotted the separate no. to each of the above referred Layout Plot No. 18 admeasuring 1169.95 sq. meters has been allotted as C.T.S. No.11482 and Plot no 19 admeasuring 3313.00 sq. meters. The Copy of P.R. Card is annexed hereto. AND WHEREAS in view of the above referred documents the Promoter/Builders are exclusive owner and possessor of the property specifically described in Schedule A and as such having exclusive rights to sale Residential Unit/ Apartment in the building to be constructed by the Promoter/Builder and received the sale consideration thereon. AND WHEREAS the Promoter/Builder entered into standard agreement with an Architect registered with council of Architect and such agreement is as per the agreement prescribed by the Council of Architect. AND WHEREAS the Promoter/Builder has appointed a Structural Engineer for the preparation of the structural design and drawings of the building and the Promoter/Builder accepts the professional supervision of the Architect and structural engineer till the completion of the building. AND WHEREAS the Promoter/Builder is going to register the project under the project of Real Estate Regulatory Authority Act with the Real Estate Regulatory Authority AND WHEREAS the Promoter/Builder obtained the permission for construction from the Municipal Council Jalna on dated 05.12.2017 in File No. 455/2017 and Commencement Certificate No. 589/2017. Copy of Construction Plan is annexed hereto and marked as “Schedule C” AND WHEREAS, declaration u/s. 2 of the Maharashtra Apartment Ownership Act 1970 is being executed and registered and thereby proposed site known as “VANSH BLUEBELLS” is being submitted to the provisions of the Maharashtra Apartment 4 Ownership Act, and in the said VANSH BLUEBELLS there will be one apartment building having therein P+4 and G+4 construction and on the ground floor there will be parking and 4 shops. Overall there are 24 - 2 BHK Flats and 39 - 2 BHK Row Houses. AND WHEREAS the Advocate of the Promoter/Builder also issued title certificate in respect of the present project and copy of the said title certificate is annexed hereto, along with the copy of P.R. Card record in respect of property where the apartment building and the residential unit is being constructed and they are Annexure as A and B. AND WHEREAS the authenticated copy of the lay out plan and the construction plan of the building are Annexure C-1 and C-2 respectively. AND WHEREAS the copy of the plan of Apartments / Residential unit under sale is annexures hereto and marked as Annexure D AND WHEREAS the Promoter/Builder has obtained all necessary approvals from the concerned local authorities to the plan, specification, elevations, sections and of the said building and shall obtain the balance approval from various authorities from time to time so as to obtain occupancy certificate of the said building. AND WHEREAS, The Purchaser has gone through all the above referred documents and detail contains of the same and also the construction plan, layout plan and plan of the apartment/residential unit building and being totally satisfied with the same requested the Builder to allot the Flat No./residential unit No._______, on ______________ Floor, having ________ Sq Mtr carpet area in “_________________” building, and which is specifically described in Schedule-B hereunder and the Promoter/Builder/Builder also agreed for the same on the following terms and conditions. In addition to the area of constructed residential unit, front marginal open space of the said residential unit admeasuring ____________ sq. m. is also allotted to the purchaser for his exclusive use as open space. But, he will not be entitled to carry out any construction even of temporary nature in the same. Similarly, he will never obstruct to lay down any water or drainage line or to cause replace of the same at any time through the said open space. 5 1) That, the Builder agreed to sale the Flat No./ residential unit no. ______, on _____________ Floor, has ___________ Sq. Mts. Carpet area, in “______________________ to the purchaser for the total consideration of Rs._________________ /- (Rupees. ___________________ only) out of which the purchaser paid the earnest amount of Rs. _____________/- (Rs. ________________________ only) to the Builder as under :- Sr. Cheque Bank’s Name Date Amount Number No. As such, the Builder hereby acknowledges the receipt of the same. The remaining amount of consideration of Rs._____________/- (Rupees _______________ only) will be paid by the purchaser to the Builder as under :- Stage of Construction Amount The value of the property as on date as per the Ready Reckoner is at Rs. _____________/- 2) That the above said consideration is excluding the taxes (consisting of tax paid or payable by the Promoter/Builders by way of value added tax, service tax, cess, GST or any other similar taxes which may be levied in connection with the construction of and carrying out the project payable by Promoter/Builder as well as any other tax imposed on this transaction by any Government or Authority) up to the date of handing over the possession of the apartment. 6 3) The total price is escalation free, save and except escalation / increases, due to increase on account of development charges payable to the competent authorities and/or any other increase in charges, which may be levied or imposed by the competent authority i.e. local bodies / government from time to time. The Promoter/Builder undertake and agreed that while raising a demand to the purchaser for increase in development charges, costs or levies imposed by the competent authorities etc., the Promoter/Builder shall enclose the said notification/ order / rules, regulation published / issued in that behalf to that effect along with the demand letter being issued to the purchaser. 4) That in case the Purchaser desires to cancel this agreement, he will be entitled for refund of only 75% of the amount paid by him to the Promoter/Builder till that time without any interest and balance 25% amount will be forfeited for towards the damages. 5) The purchaser shall pay to the Promoter/Builder a sum of Rs.________/- for meeting all legal costs, charges and expenses including professional cost of Advocate of the Promoter/Builder in connection with formation of the said Society and Association of Apartment and for preparing its rules, regulations and byelaws and the costs of repairing and engrossing the conveyance. 6) At the time of registration of the conveyance of the building or common areas and facilities of building to the Society or Association of the Apartment, the purchaser shall pay to the Promoter/Builder, his share of stamp duty and registration charges payable by the said Society or Association of Apartment on such conveyance or any other documents or instrument of transfer in respect of the structure of the building or common areas and facilities. 7) That the Promoter/Builder shall confirm the final carpet area that has been allotted to the purchaser, after the construction of the building is complete and the occupancy certificate is granted by the competent authority, by furnishing the details of the charges if any in carpet area, subject to a variation gap of 3%. The total price payable for the carpet area shall be re-calculated upon confirmation by the Promoter/Builder. If there is any reduction in the carpet area within the defined limit then Promoter/Builder shall refund the excess money paid by the Purchaser within 45 days if there is any increase in the carpet area allotted to the Purchaser, the Promoter/Builder shall demand additional amount from the Purchaser as per the next 7 milestone of the payment plan. All these monetary adjustment shall be made at the same rate of per sq. meter as agreed in this agreement. 8) The purchaser hereby authorize the Promoter/Builder to adjust/appropriate all payment made by him under any heads or dues against lawful outstanding, if any in his name, as the Promoter/Builder may in its sole discretion deems fit and the purchaser undertakes not to object/ demand/ direct Promoter/Builder to adjust his payment in any manner. 9) The Promoter/Builders hereby agree to observe, perform and comply with all these terms, conditions, stipulations and restrictions if any which have been imposed or may be imposed by the concerned local authority at the time of sanctioning the said plan or thereafter and shall before handing over the possession of the apartment to the purchaser obtained from the concerned local authority, occupancy/completion certificate in respect of the apartment. 10) Time is essence for the Promoter/Builder as well as the purchaser. The Promoter/Builder shall abide by the time schedule for completing the project and handing over the apartment to the purchaser and the common areas and facilities to the Society/Association of Apartment, after receiving occupancy or completion certificate. Similarly, the purchaser shall make timely payment of the installment and other dues payable by him/ her and meeting the other obligations under the agreement subject to simultaneous completion of construction by the Promoter/Builder as stated above. 11) If the Promoter/Builder fails to abide by the time schedule for completing the project and handing over the apartment to the Purchaser. The Promoter/Builder agrees to pay to the Purchaser who does not intend to withdraw from the project, interest as specified in the rule on all amount paid by the Purchaser for every month of delay till the handing over of the possession. Similarly Purchaser also agrees to pay to the Promoter/Builder, interest as specified in the rules on all the delayed payments which may become due and payable by the Purchaser to the Promoter/Builder under the terms of this agreement from the date of said amount payable by the purchaser to the Promoter/Builder, till the date of actual payment. 12) Without prejudice to the right of Promoter/Builder to charge interest as stated above, on the Purchaser committing default in payment on the due date under this agreement (including his proportionate share of the taxes levied by the concerned local 8 authorities and other outgoings) and on the purchaser committing three defaults of payment of installment, the Promoter/Builder shall at his own option may terminate this agreement. Provided that the Promoter/Builder shall give notice of 15 days in writing to the purchaser by R.P.A.D. at the address mentioned above and mail at the e- mail address provided by the Purchaser, of his intention to terminate this agreement and of the specific breach or breaches of the terms and conditions in respect of which it is intended to terminate this agreement. If the Purchaser fails to rectify the breach or breaches mentioned by the Promoter/Builder within the period of notice, then at the end of such notice period, Promoter/Builder shall be entitled to terminate this agreement. Provided further that upon termination of this agreement as aforesaid, the Promoter/Builder shall refund to the Purchaser, (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter/Builder) within a period of 30 days from the termination, of the installment of sale consideration of the apartment which may till then have been paid by the Purchaser to the Promoter/Builder. 13) That, if the Purchaser after this agreement desires to cancel the agreement and thereby purchase of the unit by him, he will be entitled for refund of only 75% amount paid by him to the Promoter/Builder till that, after deducting the amount if any due to him. The said amount will also be refunded without any interest and after having the agreement of the same unit by the Promoter/Builder with any new purchaser. 14) The Promoter/Builder shall give possession of the apartment to the Purchaser on or before ______________. If the Promoter/Builder fails to give possession of the apartment to the Purchaser on account of reasons beyond his control and of his agent, by the aforesaid date then the Promoter/Builder shall be liable on demand to refund to the Purchaser the amount already received by him in respect of the apartment with interest at the rate specified in the rules from the date the Promoter/Builder received the sum till the date the amount with interest is repaid, subject to the aforesaid clause. Provided that the Promoter/Builder shall be entitled to reasonable extension of time for giving delivery of apartment on the aforesaid date, if the completion of the building, in which the apartment is situated is delayed on account of (i) War, civil commotion or act of God; (ii) any notice, order, rule, notification of the government or other public or competent authority/ court. 15) Procedure for taking possession : The Promoter/Builder, upon obtaining the occupancy certificate from the competent authority and the payment made by the Purchaser as per the agreement shall offer in writing the possession of the 9 (apartment/residential unit) to the Purchaser in terms of this agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter/Builder shall give possession of the (apartment/residential unit) to the Purchaser. The Promoter/Builder agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter/Builder. The Purchaser agree(s) to pay the maintenance charges as determined by the Promoter/Builder or association of Purchasers, as the case may be. The Promoter/Builder on its behalf shall offer the possession to the Purchaser in writing within 7 days of receiving the occupancy certificate of the project. 16) The Purchaser shall take possession of the apartment within 15 days of the written notice from the Promoter/Builder to the Purchaser intimating that the said apartments are ready for use and occupancy; 17) Failure of Purchaser to take possession of apartment/residential unit: Upon receiving a written intimation from the Promoter/Builder as stated above, the Purchaser shall take possession of the apartment/residential unit from the Promoter/Builder by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement, and the Promoter/Builder shall give possession of the apartment/residential unit to the Purchaser. In case the Purchaser fails to take possession within the time provided as above. Such Purchaser shall continue to be liable to pay maintenance charges as applicable. 18) If within a period of five years from the date of handing over the apartment to the Purchaser, the Purchaser brings to the notice of the Promoter/Builder 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/Builder at his own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Promoter/Builder compensation for such defect in the matter as provided under the Act. 19) The Purchaser shall use the apartment or any part thereof or permit the same to be used only for purpose of residence/office/show-room/shop/go down 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. 10 20) The Purchaser along with other Purchaser(s) of apartments in the building shall join in forming and registering the Society or Flat Owners Association to be known by such name as the Promoter/Builder 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 and Flat Owners Association and for becoming a member, including the bye laws of the proposed society and duty fill in, sign and return to the Promoter/Builder within seven days of the same being forwarded by the Promoter/Builder to the Purchaser, so as to enable the Promoter/Builder to register the common organization of Purchaser. No objection shall be taken by the Purchaser if any, changes or modifications are made in the draft byelaws of Society or Flat Owners Association as may be required by the Registrar of Co-Operative Societies or any other Competent Authority. 21) The Promoter/Builder shall, within three months of obtaining the completion certificate cause to be transferred to the Society or Flat Owner’s Association all the right, title and the interest of the Original Owner/Promoter/Builder in common areas and facilities of the building. 22) REPRESENTATION AND WARRANTIES OF THE PROMOTER/BUILDER. The Promoter/Builder hereby represents and warrants to the Purchaser as follows: i. The Promoter/Builder has clear and marketable title except the pendency of suit with case number 200101/2014 respect to the project land; there is no stay order passed or any kind of injunction given by any kind of court; 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/Builder has lawful rights and requests 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 litigation pending before any Court of law with respect to the project land or Project except those disclosed in the title report. 11 v. All approvals, licenses and permit 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/Builder 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/Builder 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 Purchaser created herein, may prejudicially be affected. vii. The Promoter/Builder 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/residential unit] which will, in any manner, affect the rights of Purchaser under this Agreement. viii. The Promoter/Builder confirms that the Promoter/Builder is not restricted in any manner whatsoever from Selling the said [Apartment/residential unit] to the Purchaser in the manner contemplated in this Agreement. ix. At the time of execution of the conveyance deed of the structure to the association of Purchasers the Promoter/Builder shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Purchasers. x. The Promoter/Builder 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 till handing over the site/building to the Society/ Flat Owners Association. 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 12 Promoter/Builder in respect of the project land and/or Project except those disclosed in the title report. 23. The Purchaser’s or himself/themselves with intention to bring all persons into whosoever Hands the Apartment may come, hereby covenants with the Promoter/Builder as follows :- i. To maintain the Apartment at the Purchaser’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 in or to the building in which the Apartment is situated which may be against the rules, regulation 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 Purchaser in this behalf, the Purchaser 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/Builder to the Purchaser and shall not do or suffer to be done anything in or to the building in which may be contrary to the rules and regulation and bye-laws of the concerned local authority or other public authority. In the event of the Purchaser committing any act in contravention of the consequences thereof to the concerned local authority and/or other public authority. iv. Not the demolish or cause to be demolished the Apartment or any part thereof of, 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 13 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/Builder 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 there of 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/Builder within fifteen days of demand by the Promoter/Builder, 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 chares, insurances 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 Purchaser for any purposes other than for purpose for which it is sold. ix. The Purchaser 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 Purchaser to the Promoter/Builder under this Agreement are fully paid up. x. The Purchaser shall observe and perform all the rules and regulations which the Society or Flat Owners Association may adopt at its inception and the additions, alterations or amendments there of that may be made from time to time for protection and maintenance of the said building and the Apartment therein and for the observance and performance of the Building Rules, Regulation and Bye-laws for the 14 time being of the concerned local authority and of Governmental and other public bodies. The Purchaser shall also observe and perform all the stipulations and condition laid down by the Society/Flat Owners Association 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-going 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/Flat Owners Association, the Purchaser shall permit the Promoter/Builder and their surveyors and agents, with or without workmen and other , at all reasonable times, to enter into and upon the said buildings or any part thereof to view examine the state and condition thereof. 24) The Promoter/Builder shall maintain a separate account in respect of sums received by the Promoter/Builder from the Purchaser 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. 25) Nothing contained in this Agreement is intended to be nor shall be constructed as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Purchaser shall have no claim save and except in respect of the Apartment herby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter/Builder until the said structure of the building is transferred to the Society/Limited/Federation as hereinbefore mentioned. 26) PROMOTER/BUILDER SHALL NOT MORTGAGE OR CREATE A CHARGE. After the Promoter/Builder executes this Agreement he shall not mortgage or create a charge on the [Apartment/residential unit] and if any such mortgage or charge is made or crated 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 Purchaser who had taken or agreed to take such [Apartment/residential unit] 27) BINDING EFFECT. Forwarding this Agreement to the Purchaser by the Promoter/Builder does not create a binding obligation on the art of the Promoter/Builder or the Purchaser until, firstly, the Purchaser signs and delivers this Agreement with all the schedules along 15 with payments due as stipulated in the Payment Plan within 30 (thirty) days from before the date of receipt by the Purchaser and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter/Builder. If the Purchaser(s) fails to execute and deliver to the Promoter/Builder this Agreement within 30 (thirty) days from the date of its receipt by the Purchaser and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter/Builder, then the Promoter/Builder shall serve a notice to the Purchaser for rectifying the defaults which if nor rectified within 15 (fifteen) days from the date of its receipt by the Purchaser, applications of the Purchaser shall be treated as cancelled and all sums deposited by the Purchaser in connection therewith including the booking amount shall be returned to the Purchaser without any interest or compensation whatsoever. 28) 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/residential unit/building, as the case may be. 29) RIGHT TO AMEND. This Agreement may only be amended through written consent of the Parties. 30) PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT PURCHASERS It is clearly understood and so agreed by and between the Parties here to that all the provisions contained her in and the obligation arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Purchaser of the [Apartment/residential unit] for all intents and purposes. 31) SEVERABILITY. If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulation made there under or under other applicable laws, such provisions of the Agreements shall be deemed amended or deleted in so far 16 as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulation made there under or the applicable law, as the case may be, and the remaining provision of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 32) METHOD OF CALCULATION OF PROPORTION SHARE WHEREVER REFERED TO IN THE AGREEMENT. Wherever in this Agreement it is stipulated that the Purchaser has to make any payment, in common with other Purchaser(s) in Project, the same shall be in proportion to the carpet area of the [Apartment/residential unit] to the total carpet area of all the [Apartment/Plots] in the Project. 33) 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 provision 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. 34) That all notices to be served on the Purchaser and the Promoter/Builder as contemplated by this Agreement shall be deemed to have been duly served, if sent to the Purchaser or the Promoter/Builder by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses mentioned above. It shall be the duty of the Purchaser and the Promoter/Builder 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 promote or the Purchaser, as the case may be. 35) JOINT PURCHASERS. That in case there are Joint Purchasers all communications shall be sent by the Promoter/Builder to the Purchaser whose name appear first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Purchasers. 17 36) Stamp Duty and Registration :- The charges towards stamp duty and registration of this Agreement shall be borne by the Purchaser. 37) 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 _____________ Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and regulations, there under. 38) GIVERNING LAW. That the rights and obligation of the parties under or arising out of this Agreement shall be constructed and enforced in accordance with the laws of India for the time being in force and the Jalna courts will have the jurisdiction for this Agreement. SCHEDULE “A” All that part and parcel of the property plot no.18,19 C.T.S. No. 11482 admeasuring 4482.95 Sq. Meters., bounded by: EAST: . 11482/20 AND 11482/22 WEST: . ROAD SOUTH: ROAD NORTH: CTS NO. 171 situated at Survey No. 121, Jalna. TQ. DIST JALNA SCHEDULE-B Row House/Flat No. _____ admeasuring ______ Sq. Mtr. Built up area and bounded by : East : ______________ West : _______________ North : _______________ South : _______________. on _____________ Floor, in “___________”, constructed on the property described in Schedule-A and specifically, demarcated in red lines in the map annexed hereto , along with __________ percentage share in common areas and facilities. 18 IN WITNESSTH WHEREOF, THIS AGREEMENT TO SALE IS EXECUTED ON __ th DAY OF DEC , 2017, AT JALNA. WITNESSES: OWNER & BUILDER M/s. NEHA INFRASTRUCUTRES (partnership) Through its PARTNER, 1) MR.NITIN KHEMCHAND SINGHANIYA Age: 46 years, Occupation : Business, R/o. NASHIK 2) MR. SAILESH SUBHASHCHANDRA DEVIDAN Age : 45 Years, Occupation : Business, R/o. Shrikrushana Rukhamini Nagar, Near Warkad Hospital New Mondha road, Jalna. PURCHASER _______________________ s/o ______________ ANNEXURE – A Title Report ANNEXURE-B P.R. CARD/ 7/12 Extracts. ANNEXURE-C-1 Layout Plan ANNEXURE-C-2 Sanctioned construction plan ANNEXURE-D Plan of Apartment under sale ANNEXURE-E (Specification and amenities for the Apartment), 19 OWNER & BUILDER WITNESSES: OWNER & BUILDER 01. M/s. NEHA INFRASTRUCUTRES (partnership) Through its PARTNER, 1) MR.NITIN KHEMCHAND SINGHANIYA 02. 2) SAILESH SUBHASHCHANDRA DEVIDAN PURCHASER __________________ s/o ___________________________