1




                         AGREEMENT TO SALE

  Zone No. ---                                       Rs' ----- -/- per Sq.mtr
  Government value                              Rs.---------
  Actual consideration                          Rs

  Date of execution of this       ement

  Place of execution of thi             t       Auran       ad                               I

                                          BET\ITEEN

    Mrs. Smita Panditrao Kshirsagar
    Age : 50 Yrs, Occu. : Business
    R/o Venkateshnagar, Jalna Road, Aurangbad
    PAN No. : ACQPK 8A2O N

    Through GPA
    Mr. Subodh Fulchand Tandale
    Age : 31 Yrs, Occu.: Business
    R/o Plot NO. 17, Sarnarthnagai,
    Behind Varad Ganesh Mandir.
    Sarnat-thnagar, Aurangabad.

    Hereinafter received to as 'Land Owners/Owner/s,,

    AND

   Sai Krupa Bullders & Devetopers
   through its Proprietor
   Mr. Subodh Fulchand Tandale
   Age : 31 Yrs, Occu.: Business
   R/o PIo! NO. 17. Samarrhnagar,
   Behind Varad Ca,resh Ma]1dtr,
   Samarthnagar, Aurangabad.
   PAN No. : AJRPT 6054 D
   hereinaJter referred to as ,,the promoter/Developer
                                                       of           the One part



                                            AND

  Mr.
  Age:_Yrs.Occu
  R/o
  PAN No

ereinaJter referred to as ,, the Flat/Unit purchaser,,
                                                               of the other part.




                                                                                    N    D

                                                                                        )1
                                        2




                           TITLE FLOW OF TIIE PROPERTY



1       In the year 1987, the property land admeasuring OH 29 84R out of
        Gut No. 54, Itkheda, Auringabad, was owned & possessed  by Sou
        Shashikala Gopalrao Ghoge.


2       That, Sou. Parvatabai Parasram Jagdale has executed Registered Sale
        deed'bearing no. 7381 dated 14 Oa 1987 in favour of Sou Shashikala
        Gopalrao Gioge with respect to land admeasuring 0H 29 84 Gunthas
        P62O.87 sqmj part of Gut No. 54, ltkheda, Aurangabad


3       That, the Collector, Aurangabad, vide his N A Order bearing NO
        163/99 issued in the name of Sou Shashikala Gopalrao Ghoge has
        converted the property Iand admeasuring 1768 94 sqm part of Gut
        No. 54, ltkheda, Aurangabad, for non agricultural use'


4. That, Commissioner, Municipal Corporation, Aurangabad' ride his
        Order bearing No. 1428/01 dated 04 08 2OO1 has approved the lay
        out plan with"respect to land admeasuring 3021 00 sqm part oi Gut
        No. 54, Itkheda, Aurangabad.


c                                                      Corporation'
        That, Dy. Director, Town Planning, Municipal . admeasuring
        Aurangabad , has also Lay out plan with respect to land
        3021.0;O sqm. part of Gut No. 54, Itkheda, Aurangabad'


                                                                executed
    6   That, Sou. Shashikala Gopalrao Ghuge (Birajdar) -has in favour of
        n"O","tJ Srl" deed bearing No. 576 dated 02 O2'2OO|
        i"i,. i-i,^ Panditrao Kshiisagar with respect to Plot No .5 area
         ;;J"";i;g       194.5 sqm. part oiGut No s4, ltkheda' Aurangabad.


                                                              executed
    7    That, Sou. Shashikala Gopalrao Ghuge (Birajdar) -has
                                                           executed bv
         n"gi""."J s"r. deed bearin[ No. 574 dated 02022oo1
                      of Sou Smita Panditrao Kshirsagar with respec-t.to Plot
                                                                              No'
         ir., T"ror.-.a-""",
                             rt.rLg 2O2 43 sqm part of Gut No 54'
                                                                         Itkheda'
         O'i"^
         Aurangabad.


                                                                      execu te d R g1 ste rcd
    8    Tha t So u S m I ta Pa n d trao Ksh lrsagar has
                                                              da ted 1 8 03 2 0 1 7 n fa our
         Dev e o p m e n t Agre eme n t b ea rl n No. 1 o 3 3
         o f Sai Kru pa B ul lde rS & D evelo p ers
                                                     thro u gh t S Proprie tor M I S u bod h
                                                                  ted PI o t N o 5 &, 6 area
         Fu chan d Tan dal e th rc s EC t to a

                                                                                          ;x
                                                                                           ID I/D
                                         3




          admeasuring 372.04 sqm. part of Gut N o. 54, Itkheda, Aurangabad


     9    That, Sou. Smita Panditrao Kshirsagar has executed Registered power
          of Attorney bearing No. 1034 dated lS.Os.ZOtz in favou? ofi.i r.,lpu
          Builders & Developers through its proprietor Mr. Subodh put"f,ana
          Tandale with respect to amalgamated plot No. S A O,- ....
          admeasuring 372.04 sqm. part ol Gut No. 54, Itkheda, au.ang.taa.


     l0        Th_at, Asst. Director, Town planning, Municipal Corporation,
          -
          Aurangabad,  vide his Letter bearing No. X72l2Ol L jat.a SO.fZ.ZOtt
          issued in the name of Sou. Srnita panditrao X"hi.".ga,, ha"
          amalgamated Plot No. 5 & 6, area admeasuring 372.04 sqmi. part
                                                                         of
          Cut No. 54, Itkheda. Aurangabao.


    11        That. Municipal Corporation. Aurangabad, vide irs
          ^
          commencemenL Certificate bearing permission No. g96l2016 17,
          bearing. file- r.o. 736ltZl2016-17 dated OS.OI.2O17 f,"i-n.u"*.f
          permission for construction of flatted buiidings, on tne
                                                                   amatg?matea
          Plot No. 5 & 6, area admeasuring 322.04 s{m. p".t oi Cui'No.
                                                                           s+,
          Itkheda, Aurangabad.


    12        That, the Asst. Direcror oI Town planning, Municipal
         Corporation, Aurangabad, has approved lvtap of -construction
         approved by with respect to amalgimated ptol ruo. S
         admeasuring 372.04 sqm. part of GuiNo. s+, rtf<freaa,
                                                                  A O.- o...
                                                               auraigjaa.

    13                Sai Krupa Builders & Developers through iLs proprietor
             ^That,_ Fulchand
         Mr. Subodh               Tandale has executed
         declaration bearing No. 2102 dtd. ZO.OO.ZO r Registered
                                                        i-i"]ir,  'i""Ir"",
                                                                       Deed of
         amalgamated plot No. 5 & 6, area admeasurin!                        .
                                                        szz.6;-"q_.";..t
         Gul No, s4. Irkheda. Aurangaoaa a, trr..euf ir-rJ """ij,
         nomenclature as..Siya Enclave-. The building                 o-i.., "r
                                                                              ,"
         provisions of Maharashtra Apartment Ownershii
                                                        l"         -. -- "  ,n"
                                                       act, "Jrn-i,,!a",L
                                                             foio.


                             NAME OF TIIE PROJECT
                                 .SIYA
                                         ENCLAVE"

                           DETAILS OF THE PROJECT


The
    .Plonot-eJ4Peveloper has proposed to construct new multistoried building
consisting of following details

                                                                        I   U,




                                                                   \
                                       4




  Number ofUnits                           10
  Residential Units/ Flat                  10
  Number of Floors                         Ground + 5
  Name of the B                            "SIYA ENCLAVE"
  Descriptlor of Plot on which the Amalgamated Plot No. 5 & 6,of area
                                                                 Gut
  butlding ls constructed                  admeisuring 372.04 sqm. Part
                                           No. 54 Itkheda




                                       SCHEDULE - B


                                    ""SIYA ENCLAVE""
                                    AREA STATEMENT

Tvpc                      Area as per Carpet Area          Built Up        insq.m.
                          7112        in   in       sqm.   (including 0.30 artd 0.1
                           sq.m.           (including      premium area)
                                           0.30 arrd 0.1
                                           premium
                                           area)

First     I                39.69           45.90           51.00
Floor

          2                39.69           45.90           51.00

Second    3                39.69           45.90           51.00
Floor

          4                39.69           45.90           51.00

Third     5                 39.69          45.90            51.00
Floor

          6                 39.69          4 5.90           51.00

          7                 39.69          45.90            51.00
Fourth
Floor

           a                39.69          45.90            51.00

           9                39.69           45.90           51.00
 Fifth
 Floor
                            39.69           45.90           51.00
              10



                                           has entered into a standard Agreement \'ith an
AND WHEEREAS the Promoter/Developer                                           as per the
Architect registered   with the Council or Architects and such Agreement is
Agreement prescdbed by the Council or Architects;
                                           5




      AND WHEREAS the promoter/Developer has appointed a structural
                                                                             Engineer for
                                                                                the
  prepaiation of the structural design and drawings of the buildings
  Promoter/Developer accepts the professional supervision of the Architects
                                                                            and the
                                                                            and the
  structural Engineer tiII the completion oI the building/buildings.
       AND WHEREAS by virtue of the above referred Sale Deed the promoter/Developer
  alone has the sole and exclusive right to sell the Flat/Units in the satd
                                                                                building to be
  constructed by the Promoter/Developer on the said lalld ard to enter
                                                                            into Agrecment/s
  r.ith the purchaser/s of the Flat/Units to receive the sale pdce in respect thereof;
      AND WHEREAS the Flat/Unit purchaser demanded from the promoter/Developer
  and the Promoter/Developer has given inspection to the Flat/Unit purchaser
                                                                                 of all the
  documents listed in ANNEXUE D of title relating to the said land & has
                                                                         also provided the
  onc set of Photo Copy to the Flat/Unit purchaser.

     AND WHEREAS the Copies of Certificate of Titte issued by the Advocate
                                                                                   of the
 Promoter/Developer, copies oI property card or any other reievant revenue
                                                                                   record
 showing the nature of the title of the promoter/Developer to the said
                                                                       land on which the
 Flat/Units are conslructcd or are to be constructed and the copies of the plans
                                                                                     and
 specihcations of the Flat/Unit agreed to be purchased by the                  purchaser
                                                                    Flat/Unit
 approved by the concerned local authority have been annexed
                                                                     hereto and marked
 Annexure .A', .B' & .C', respectively.
 The Flat/unit purchaser has/have examined the title, rights,
                                                                    interest, craims of the
 Promoter/Developer to the said land and has seen the
                                                                documents oI title in the
 Promoter/Developer's possession. The purchascr has/have
                                                                  fully satisfied with the
 Promoter/Developer,s dght, interest and title in the property.

 The Purchaser has tal<en inspection of the plarrs and
                                                           specifications of the proposed
 construction and which have been approved by the
                                                       authority. The purchaser has also
 perused the lay-out pra', of housing scheme,
                                              proposcd irrte.r,i roods, amenities. facilitics
 proposed to be provided in the scheme
                                        and purchascr Iully satisfied about it.
          WHEREAS the promoter/Developer has got
   .AND                                                  approved from the concerned rocal
authority   the plans, the specifications, elevatiois,
building/s.                                              """,iorr. urrJ i",*ls oI the said
     AND WHEREAS while sarlctioning the said plans
                                                        concemed local authority and/or
Covernment has laid dou.n certain terms, conditions,
                                                       stipulations and restrictions which
are to be observed and performed by the promoter/D.""1;;".-;l;"
land and the said building and upon due observance                    ;*"loping the said
                                                      urra pirfo.rnu."" of which only the
completion and occupation certificates in respect
                                                     ,h"       ;;ild;s shall be granted
by the concerned loca.l authority.                "f      "ai;
    AND WHEREAS the promoter / Developer
                                              has accordingly commenced construction
the said building/s in accordance with                                               of
                                       the said plals.
     AND WHEREAS the Flar/tjnit plrrchaser
                                                   applied to the promoter/Developer for
allotment to the Flat/Unit pt .ch"".. oI
                                         f.lat/Unic No. -_, h"r;;
-- ---- Sq. Meter , on ---- --:--
                                          -i.,                      "*i", u..u
                                               tr,e rru airrg t-rro"*rrT" "","o
                                                                               admeasuring
constructed on Amateamated ptot "lo*:
                                  No. S & 6, area
                                                                                 ENCLAVE,
No. 54, Itkheda, Aurangabad.                        "d;";";;;;;;4          sqm. part of   cut
                                                                                   \!l
                                                                                    7t,




                                                                               \
                                                                                            to
      AND WHEREAS thc Developer has agreed to sell and the Pu-rchaser has agreed
ourchase the said property at o; for the pdce of Ra' -'----"-'-'-..---l - lRupees
                                                                                  ------'-----
:----:: ;;iyt;p;. the terms and subject ro the condirrons hereinarter appearrng

    AND WHEREAS p or to the execution of these presents the Flat/tlnit
                                                                         Purchaser has
paid to the Promoter/Devcloper a sum of Rs' ""'---"-"---'l- (Rupees -----------
                                                                                 only)'
by cheque detailed as below




            Amount      Cheque Date        Cheque    Name of the Bank
                                           No




 being part Payment of thc sale price of the Flat/Unit agreed to be sold
                                                                                   by the
 Promoter/ De\,eloPer to the Flat/Unit Plrrchaser as advalce
                                                                 payment or deposit (the
 paymcnt and rcceipt $'hcreol the Promoter/ Developer both hereby admit and
 acknowledge) and the Flat/Unit Purchaser has agreed to pay to
                                                                   the Promoter/Developer
 the balance of the sale price in the manner hereinaJter appearing'

    ANDWHEREASundersectiongofthcSaidActthePromotef/Developerislequiledto
 execute a written agreement for sale of said Flat/Unit to the
                                                                Flat/Unit Purchaser' bcing
                                                                                      Act'
 in fact these p.""".tt" u.rd a.lso to register said Agreement under the ReBistration
  1908.
                                                                           AGREED BY AND
    NOW TIIIS AGREEMENT WITNESSETH AND IT IS HEREBY
  BETWEEN TIIE PARTIES HERETO AS FOLLOWS:-
                                                                                     of conslst
     1. The Promotet/Developer shall construct the said building/s consisting
          fivelloorsGroundflool+Fiveflootsonthesaidlandinaccordancewiththe
          ptrr", a""ign" and specifications as approved by the concemed local authority
          from time to time:

          The Flat/Unit Purchaser hereby agreed to purchase
                                                                 from the Promoter/Developer
      2
                                                                                  No --' having
          uni tit"'ero-ot..7 Developer hereby agrees to sell the Flat/Unit-in the buildins
          ;;;"i -*       admeasuring --- --- sq Meter '  on             l!:''
                                                                           Plot No 5 & 6' area
          f.r-ro*r,     'SIYA ENCLAVE' constructed on Amalgamated
                    "" 372.04 sqm part of Gut No 54' Itkheda' Aurangabad as sho$m in
          "J-"."".t"*                                   marked Annexule D/Flat/Unit No - -
          the Floor plal thereof hereto annexed and
          -- Carpet area admeasuringithe  ------- Sq Mtts in the "SIYA ENCLAVE" Building
           tn"r"JriJ". ."i.-.d to as          Ftat/unit") for the price of Rs' -----"---'--l-
                                                       includes the proportionate pdce of the
           E;;;;" -- ---- --- ------- ollvl which  space the nature' :"t:"'."9 description
                                                                                              of
           :;;;;; *".", and common Parkins"*hi.h
                                                         aie more particularly described in the
           the common/limited commofl .r"^"                     purchaser hereby agrees to pay
                     i"n"o"" annexed herewith. The Flat/Unit
                                                           (Rupees ----------- only) to the
           the balance amount oI ns' --------.--/'
           """."J
                                                                    in the following marrner:
                                aJter execution of this Agreement
           "r"-J*io""r.o"r                                                         /\Y-
                                    7




     Sr.   Amount   in     Payment Stage
     No    Rupees


     1                     (10o/o of the transaction price) to be paid to the
                           Promoter on or before the execution of Agreement


     2                    (30olo of the transaction price) after executjon of this
                          Agreement to Sale


     3.                   (45% of the transaction price) to be paid to the
                          Promoter on completion of the plinth of the building or
                          wing in whjch the said Unjt/Ftat/Unit/Row House js
                          located


                          (70olo of the transaction price) to be paid to the
                          Promoter on completion of the slabs including podiums
                          and stilts of the building or wing in which the said
                          Unlt/Flat/Unit/Row HoLrse is locaterj


 5                        75% of the transactron price) to be paid to the promoter
                          on completion of the walls of the building or wing tn
                          which the said Unit/Flat/Unit/Row House is located


 6                       (80o/o of the transactjon price) to be paid to the
                         Promoter on completion of the external plaster. stair
                         case, lift, walls, lobbies up to the floor level of the said
                         apartment.


 l                       (B5o/o of the transaction price) to be paid
                                                                             to the
                         Promoter on completion of the external plumbing
                                                                                and
                         internal plasler, elevation, terrace with water proofing
                                                                                  of
                         the building or wing jn which the said Unit/Ftat/Unit/Row
                         House is located


8                        (95% of the transaction price) to be paid to
                                                                                  the
                         Promoter on completion of the lifts, water pumps,
                         electrical fittings, electro, mechanical and environmental
                         requirements, entrance lobby/s, ptinth protectton,
                         Sanitary ftrtings, apprpain and all other requrrements
                                                                                   as
                         may be described in the Agreement to Sale
                                                                              of the
                         buildjng or wing in which the said apartment
                                                                        is located.

9.                   (Remaining Amount) at the time
                                                    of handin g over of the
                     possession of the Unit/Flat/Unit/Row
                                                            H ouse to the
                     Unit/Flat/Unit/Row House Purchaser
                                                        on or a fter recetpt
                                                                                        l
                                                                                D


                                                                               d5
                                     8




                             of occupation certificate or comP letion certificate


                                                                      comply with all
      The Promoter/Developer hereby agrees to observe' perform and
   the terms. conditlons, 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 shatl, before handling over possession of the Flat/Unit to the
   Flat/Unit Purchaser, obtain from the concerned Iocal authority occupation and/or
   completion cedificates in respect of the Flat/Unit/Shops'

3. The Promoter/Developer hereby make full and true disclosure of the nature of his
   titletothesaidlartdaswellasencumbrances,ifany,includingarryright'title'
   interest or claim of any paity in or from all encumbrances and that the
   Promotcr/ Developer has/have absolute, clcai and marketable title to the said land
   so as to enablc him to on the excculion of a Sale Deed/Deed of Apartment
                                                                               of the
   said Flat/Unit by the Promoter/Developer in favour the Purchaser'
4. The Flat/Unit Purchaser agrees to pay to the Promoter/Developer interest at SBI
   lending rate + 2o/o exlTa penalty thereon per cent per annum on all the arnounts
   which become due and payable by the Flat/Unit Purchaser to the
   Promoter/ Develope. under the terms of this Agreement from the date the
                                                                                  said
   amounts is payable by the purchaser to the Promoter/Developer'

5. On the Flat/Unit Purchaser committing default in palrment on due date of any
   amount due and payable by the Flat/Unit Purchaser to the Promoter/Developer
   under this Agrcement (including his/het Ploportionate share of taxes levied by
   corcetned local authorlty and othet outgoiDgs) and on the Flat/llnit Purchaser
   committing breach of any of Lhe terms and conditions herein contained' the
   Promoter/beveloper shall be entitled at his owrl option to terminate this
   Agreement:

    Provided that, the power of termination hereinbefore contalned shall not be
    exercised by the Promoter/Developer unless and until the Promoter/Developer
                                                                                      of
    shall have given to the Flat/Unit Purchaser Fifteen days pdor notice in writing
                                                                          or breaches of
    his intention to terminate this Agreement and of the specilic brcach
                                                                         the Agteement
    terms and conditions in respect of which it is intended to terminate
    and default shall have been made by the Flat/Unit Purchaser'

    Provided further that upon termination of this Ageement
                                                                as 'foresaid the
    Promoter/Developer shall rcfund to the Flat/Unit Purchaser
                                                               the installments of
        pri." of the Flat/Unit which may ti then have been paid by the Fl;.t/Unit
    "ui.
    P,-.."h""".tothePromoter/DevelopefbutthePromoter/Developershallnotbe
                                                                  t}Ie amount so refunded
    liable to pay to the Flat/Unit Purchaser any interest on
                                                                             amount by the
          upon termination of this Agreement and refund oI aforesaid
    "rrd                                                     be at liberty to dispose of and
    Promoter/Developer, the Promoter/Developer' shall
                                                         pdce as the Promoter/Developer
     selt the Flat/Unit to such person and at such
     may in his absolute discretion think fit'
                                                                 and sanital-Jl littings and
 6. The fxture aid fittings with regard to the flooring
                                                       or price range to be provided by the
     amenities like lifts with particularl like brand,
                                                                      aie those tiat aie set
     e.omot"rTo"r"toptr in the said buitding and the Flat/Unit
     out in Annexure 'E' annexed hereto'
                                                                                    a\)-

                                                                                     a
                                                 9




7   The Promoter/Developer shall give possession of the Flat/Unit to the purchascr
                                                                           on
    or before 30.06.2018. If the Promoter/Developer fails or neglects to give
    possession of the Flat/Unit to the purchaser on account
                                                             of reasons beyond his
    control and of his agents as per the provisions of the Real Estate (Regutation
    and Development) Act,2016, then the promoter/Developer shall be iiable
                                                                                       on
    demand to aefund to the Flat/Unit purchaser the amounts already received
                                                                                       by
    him in respect of the Flat/Unit with interest at SBI lending rate + 2yo extra penalty
    thereon percent per annum. Till the entire arnount and interest thereon
                                                                                        is
    refunded by the Promoter/Developer to the Flat/Unit purchaser there
                                                                                    shall,
    subject to prior encumbrances if any, be a charge on the said Flat/Unit
                                                                               as well as
    the construction or buitding in which the Flat/Units are situated or were
                                                                                    to be
    situated:

                                                                                                aa"ioa ol
    buildins in which the Flat/Unit is to bc. situ;Led is deLava;;;;;nr                   oi-
        (il          Non-availability ol steel, other buil ding material, water or electric supply;

        (ii)      War. Civil Commotion or acr oI Cod.
        (iii)     Any notice, order, rule, notilication of the Government and/ or other
                  public or competent auth ority, any pro hibitory order of any cour
                                                                                     t against
                 development of property


    a         The_Flat/Unit Purchaser shall take possession of the Flat/Unit
                                                                             within 1S days
              of the Promoter/Developer giving written notice to the Flat/Unit purchascr
              intimating that the said Flat/Units are rcady Ior use aid occupation:

              The Promoter will be liable for R.C.C structural defects
                                                                       lor five years, except
              the following defect liabilities.

                 .     DEFECT LIABILITY

                 a. lf within a period of five years from the date of handing over
                                                                                   the
                    Apartment to the Unit/Flat/Unit purchaser, the UniiFlat/Unit
                       Purchaser brings to the notice of the promoter any
                                                                            structural clefect in
                       the Apartment or the building in which the Apartment
                                                                                *"             o.
                                                                       or provision "itrut"d
                       arly defects on account of workmanship, quality
                                                                                     of service,
                       then, wherever possibte such aefects jai t"
                       at his own cost and in case it
                                                                     ,".tifiJ fy-ifr""e.l-o,..
                      thentheunit/Frat/r",,*.J;::."$ j,';:':i"J..J1"j'I""J""",#:i:
                      Promoter, compensation for such defect
                      under
                                                             * ,fr. -a"""."^" p-"la"a
                              the Act.
                b. Provided howevcr, that the Unit/Ftat/Unit purchaser/s
                      out any alterations of the whats                            shall not carry
                      phase/ wing and in
                                            il;"*flL::'ffi:1ffffiffiXffiXj
                      of the said buitding \&hich shal include t",
                      beams etc. or in the littings therein,            ""i ,i-,i
                                                              in pafircular,,
                                                                                    i"'"l,ri-"",
                                                                               i" fr.r"tv".'er."a
                      rhar rhe unir/FIar/unir purchasFr/s
                                                             shalr nor makc
                                                                              "rry "ii.ri,,"Is ,

                                                                                                71,
                                                                                           New SBH




                                                                                                  c
                              10




       any of the fittings, pipes, water supply connections or any erection or
       alteration in the bathroom, toilet and kitchen' which may result in
       seepage of the water. If any of such works are carried out
                                                                      without the
       l!'itten consent of the Promoter the defect liability automatically shall
       become void. The word defect hete means only the manufacturing
                                                                               and
                                                                          the part
       workmanship defect/s caused on account of wilfut neglect on
       of the Promoter. and shall not mean defcct/s caused by normal wear
       and teai and by negligent use of apartment by the Occupants' vagaries
        of nature etc.
    c. That it shall be the responsibility of the Unit/Flat/Unit Purchaser to
        maintain his unit in a proper mannet ar1d take all due care needed
        including but not limiting to the joints in the tiles in his Flat/Unit are
        regularly filled with white cement/epory to prevent water seepage'
    d. Furthcr where thc manufacturer walranty as shown by the developer to
        the Unit/Ftat/Unit Purchaser ends before the defects liability pcriod
         and such warranties are covered under the maintenance oI the said
        unit/building/phase/ wing, and if the annual maintenance contracts
         are not done/renewed by the Unit/Flat/Unit Purchaser/s the promoter
         shall not be responsible for any defects occuring due to the same'
    e. That the Project as a whole has been conceived' desiSned and
         constructed based on the commitments and warranties given by thc
         vendors/ manulacturers that all equipment's, llttures and fittings shall
                                                                            so as it
         be maintained arld covered by maintenance/warranty contracts
         to be sustainable and in proper working condition to continue warranty
         in both the Flat/Units and the common project amenities wherever
        appticable.
     f firat tne Unit/Flat/Unit Purchaser has been made aware and that the
        Unit/Flat/Unit Purchaser expressly agrees that the regular wear and
        tear of the unit/ building/ phase/ wing includes minor harline cracks
        on the external and internal walls excluding the RCC structure which
        happens due to variation in temperature of more than 20*C and
                                                                              which
                                                                                   to
        do not amount to structural defects and hence cannot be attributed
        either bad workmanship or structural defect'
                                                                               by or
     g. It is expressly agreed that before any liability of defect is claimed
     " on b.half oi tt" UttitTft"tTunit Purchaser' it shall be necessarl to
                                                                  who shall survey
        appoint an expert who shall bc a nominated surveyor
        a_nd assess the same al1d shall then submit
                                                       a report to state the defects
                                                                        wing ar-Id in
        in materials used, in the structure built of t}le unit/phase/
        the workmanship executed keeping in mind the aforesaid
                                                                             agreed

         clauses of this agreemenl

9.TheFlat/UnitPurchasershalluseFlat/Unitolanypaittheleoforpermitthe
   sametobeusedonlyfolpurposeofFlat/Units/shop/godown.Heshalluse
   the garage or parking space only for purpose
                                                of keeping or parking the
   Flat/ Unit Purchaser's'

                  Purchaser along with other purchasers
                                                             of Flavunits in the
10.The
^"     Flat/Unit
                                               Ftat/Unit Owners to be kno$r'n as
   O"iat", "n"f rin in forming Association offtom  time to,time sign-and execute
                                        also
   "SIYA ENCLAVE" and for this purpose                                       arld
                                         membership and the otier papers
   the application fotegi"ttatto" ;i/or
                                  11




   documents necessarjr for the formation of the Association
                                                              of Flat/Unit
   and for becoming a member, including the ,bye-laws of *re Owners
   Association of Flat/Unit Owners and duly hll in, sign                 f.opo"ea
                                                               and returi to the
   Promoter/Developer within ls days of the
   Promoter/Developer to the Flat/Unit purchasea, ".-" b.Lg     for**J.i-oy tn"
                                                          so as ,o a.ruUr" ,fr"
   Promoter/Developer to registei the organization of Flat/Unit purchaser
                                                                             under
   section 1712) of the Real Estate (Reguladon a d Development)
                                                                            ,OfO,.
   No.
       _o-bjection
                   shal be tal<en by the Flat/Unit purchasei if ary ^"i,
                                                                       changcs or
   modiflcations are made in the dralt bye_Iaws, as the case
                                                             may be, o. urry ott e,
   Com perenr Aulhori(v.



l1.Within 15 days alter notice in writing is given by the promoter/Developer
                                                                                   to
   the Flat/Unit Purchaser that the Flat/Unit is ready for use
                                                                    and occupation,
   the Flat/Unit purchaser shall be liable to bear and pay the proportionate
   share (i.e. in the proportion to the floor area of the nfatjUnit;
                                                                     of ortgorrrg" in
   respect of the said land arld Building/s nanely local
                                                                  taxes, betterment
   charges or such other levies by the concemei local
                                                                  authority ardTor
   Government water charges, insurance, common trgtrt.,
                                                             a.pui.. urJ           ot
   clerks bill collectors, chowkidars, sweepers and all
                                                          other expenses "auai."
                                                                           necessary
   and.incidental to the management a''d maintenance
                                                              of the said rand and
   building/s.

 until.the Association of Flat/unit owners is formed
                                                       and
 building/s transferred to it, the Flat/Unit purchas.. the said land and
 possession of his/her Flat/Unit pay                        "fralt
                                                                   ,tte, g.ttrrrg
 proportionate share of outgoings as
                                          to  the   promoter/O.u"iof..
                                        may be determined. The Flat/Unit   "r.n
 PLrrchaser further agrees that tili
                                     the f.i.,lU"i, prr"i"*.,"'"n-" ,"
 determined the Flat/Unit purchaser shall                                      "o
                                             pay to the promoter/Developer
 provisional monthly cont bution of
                                       Rs. sitooT- e", ,,,"rlr,'i",rl.o" ,n.
 outgoings. The amounts so naid by
                                          tfre niatT Unit'- i,."n."". a,n"
 PromoLer/Developer shall not carry
                                       any interest atnd reroain u.jth thc
 Promoter/Developer until formatiol
                ;.;;-;;;;;;: :i
 .rroresaid s,bj;,
 the Real Bstate (Regutatton and :::,1"""tii';U: [f 'lrY:,i;Ii"fi :;
 conveyalce/assignment o[ Iease b
                                 Development)                Ac; l',ii,u,,.. *"n
                                              executed the aforesaid deposits (less
 deductions p."r-la.J--i"r' ;;         ;:1*
 promoter/ Deverope.
                       i. in.
 be. The Flat/Unit Purchaser
                         ^"".",",*,
                                        Jl';H,;,]fl
                                               I                    j: jl;
                                                          ##i" ;:."-_rr,nr,
                             undertales to pay
                                                    "u"h o-.,]"""i
                       in advance ar]d shalr ,,o, *,ir,ora-',r,"""";;;".
 :..:":f;,i:l#:.,:                                                             ",,
The Developer in compliance of
                               th provisions of Apartment Ownership
rszo has executeJ#;;";::"                                           Act,

        t:,,: ;;;;;;""",;
::*:,:,                       ;:]fi 'j;J .Y#. 1'",I";:ff..,,*.:*,t*l
the Flar/Units  arld premises   in tl    sajd building includins rhc purchaser
hercin shalljoin *';;;;;';'"":":i^e,
                                              as contemplated bv the said
   t" pr."r,r"". ugr".l ," ,",1'                                           act and
                                 "ll"rii'"'""
Ihe building *ri' ;,;,;"#;eassocrarion             or societv on the
                                                                     'omnlerion o[
f'lat/Lnirs/ car parkrng places and Developer of Ihe full pt'"o o1 .11 r1-r"
                                         o(her presses io rhe sajd building
                                                                            under


                                                                         1*Z   ;x
                              t2



                                                         the charges and
this and similar agreements in tespect thereof and all agreement arrd
                                                       this
J"fosits p"yatte ".ch p,..h^"e' to the Developer under
          ug.""-"nt"with other apartment purchasers the Developer shall
";-lt*
:;;;;     arl? assign all his rights, title and interest in each apartment
                                                                           to each
                                                              encumbrances All the
pa,..f,'u".a i""f"il"g the purchaser herein free lrom all
                                                                           Charges
tegal expenses including the expenses of stamp duty
                                                    and Registration
wrlt be bome by the purchaser alone
                                                                       Apartment
It is clea-rly understood by the purchaser that' the Maharashtra The said
O*.*"niO Oo, 1970, extends to the whole of state of Maharashtra    Covt may'
e"t .^-. i., to the force in such aJeas on such dates as the Statc        be
ty'Notin"u,ion in the official Gazette appoint and different
                                                               dates
                                                                     -may
                                                                          limits of
            for different areas The said Act is applicable within the
"pp.i","a
Municipal Corporation, Auralrgabad'
                                                             has submittcd his
It is clearly understood by the purchase' that the Developer
                                                                    1970' The
p..:*, a ifr" provisions of Maharashtra Apaitment Ownership Act'
Mi*""ht." Legislature has passed two Acts of 1963 & 1970' governing         the
                                                                      different
;;ship Fht/-Units, but their functions & iield oI operations are
alld the diflerence is as below :
                                                    the Flat/Unit omers who
 The Flat/Unit Ownership Act, 1963 namely relates
             Hsg. Society, while the Flat/Unit o$r'ners under the
                                                                   Apartment
 ;; ;p                                                      Flat/Uoits & not
 o\,,""."nto a"tJ tszo are independent owners of their the Association
               bocly like a society The condominium form
                                                           by
          ,.
 ""b.i".i "", o*'rl"," i" only for regulating their mutual relations-and has
 "i,irl "i.,fU"n
 ,ro.;","n."likeCo-opSocietyTheFlat/UnitOwnerchipAct'1963&the
                Apa-rtment ownership Act'1970' are not
                                                       exclusively of each
 ;;;;";".
 othe, but they are complementary to each
                                              other'

                                            respect of thc said construction work
 The Developer shall be the promoter in
 w.ithinthemeaningoltheMaharashtraApartmcntownershipAct,lgT0.The
 o....".."'n*alreadysubmittedtheprojecttotheprovisionsofthe
                                        by executing the registered
 ,J*.1n,r" Apartm;t ownershiD Act 1970'
                                  the completion Certificate by the
  Deed of Declaration After issualce of                        the Deed of
  il;;;#-r;ipal        corporation' the Promoter shall execute
                                        each           of the Flat/unit/ shop / unit
  oo-ari""i/a.r" oetd in i"vour of the
                                     Flat/Unlt/ Shop / Unit- owner shall be
  Purchaser & each of the apartment/            & possession of his
  entitled to the exclusiveas ownership
                                  orovided rn the Maharashtra Aparlmenl
  ,o-trt"ttfef",lUnit/shop/unir     ;r shall not be lauul ro rorm.anv co-op
  3;:;.;;; n"1.'i"zo. in su'h c'se'
                                 Co-Op Societies Act 1960 or 1963
                                                                        The
  society under the Maharshtra               propo""d Registered Deed of
  Promoter    under  this agreement &'  tht
  il;*";,;i;'"t;*J:r:':::Tii:;":il1*n",i::l[tliilH,iil:;
  common areas in favour ol the                        no            owners hence
   ;:;;;"Jr";ii       ts in favour of the Association of Flat/Unit
   ,,I"f .,,u",,7 ""0,'.f. 9'"*,"":; ffy J:;:Hi:'#T,: #::::::t;::
   Association of Flat/Unit owner                                       ate title in
                          all the p'oj"'t documents & Plans' proportlon
   ;i-"#;;;-;;;r
                                                                         I

                                                                        e \-