13 the common areas to the purchaser as well as to the Association of the Flat/Unit/Apartment/ Unit Owners. On and from the appointed day, the Maiarashtra Ownership Flat/Units (Regulation of the Promotion of Construction, Sale, Management and Transter) Act 1963, has repealed by the Maiarashtra Housing (Regulation and Development) Act 2012 (MOFA Act) & the Maharashtra Housing (Regulation and Development) Act 2012 (MOFA Act) is repealed by the ReaI Estate (Regulation and Development) Act 2016 {RERA Act). The Mala.ashtra Apartment Ownership Act 1970, has not been repealed. However, in case oI inconsistent provisions, the provisions of the RERA Act shall prevail. It is agreed in betwecn the parties that alter formation of the elected body oI the Apa.lment Owner's Association, the promoter shall inform the Registrar of Societies, as defrned in the Maharashtra Apartment Ownership Act, 1960, as soon as possible. In future if the floor space index (FSI) or transfer oI development rights (TDR) is granted by the Municipal Council or Municipal Corporation, Aurangabad, then the a.ea available for additional construction will be udlized by the Developer alone ald the Developer can transfer said FSI from the said building to another property or carl sell the said FSI to the respective purchasei who are interested to purchase it & to put additional constructron on the said building as may be allowed by the municipal corporation and to sell or othenyise deal with same. If any additionai F.S.l / TDR become available in future, the Developer will be entitle to avail & consume the same. If the Developer/promoter wants to amend the Deed of Declaration, in that cause, the purchaser has no ob.jection to make amendment in the registered deed of declaration & has also no objection for maling revised construction plan & under this agreement the purchaser has given his written unconditiona.l consent to the promoter for thc said changes. That Promoter shall be at Iiberty to arnend the deed of Declaratjon as and when required at any time till all units in are sold and tralsferred to the prospective purchasers. No purchaser will be entitled to object lor such arnended declaration and it will be binding on all the purchasers irespective oI thet date of purchase. If there is reduction of more than 3% of the actua.l area dimensions of any Flat/Unit against the area specified in Schedule due to change/variation of the design, the p ce of the said unit w.ill be reduced proportion;tely and vice_ There is a provision of covered parking on Ground Floor for the Flat/Unit holders & each of the Flat/Unit hoider has 12.50 Sq. mtrs. undivided share in the said parking area of the residential part of the building and it u,ill be allottcd to the Flat/Unit owners of each building by drauing lots by the associal ion oI respecttve building. 11, 14 The Promoter may apply for part/fult completlon as per his desciption and will furnish the copy of same to the purchaser as arld when the completion certillcate either part or full is issued by the competent authority' 12.At the time of registration of Flat/Unit Purchaser shall pay to the payable' on the Promoter/Developer the stamp duty and rcgistration charges document or instrument of transfer in respect of thc said FIal / Un il / shop/ un il /apa-rtmenl 13.The matedal used and the specifications adopted for the said Flat/Unit are specihcally described in the SCHEDULE OF THE PROPERTY' howcver' if the Purchaser is willing to have any changes in the Flat/Unit he should convey is started the same to the developer/promoter before the work of the said item & he will have to bear the extra cost including material, labours & supervision charges in advance. l4.The Flat/Unit Purchaser/s or himself/themselves with intention to bring all persons into whosoever in halds the Flat/Unit may come, hereby covenants with the Promotcr/Developer as follows:- (a) To maintain the Flat/Unit at the Flat/Unit Purchaser's own cost in good and tenantable repair and condition lrom the date that of possession of the Flat/Unit is taken and shall not do or suffer to be done anlthing in or to the building in which the Flat/Unit is situated which may be against the jn or to the rules, regulations or byelaws or change/alter or ma-ke addition building in which thc Flat/Unit is situated and the Flat/Unit itself or any part thereof$'ithout the consent of the local authorities, if required' (b) Not to store in the Ftat/Unit aiy goods which are of hazardous' combustible or dangerous nature or are so healy as to damage the constmction or structure of the building in which the Flat/Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying hear'y packages which may damage or likety to damage the staircases, common passages or any other struclure of the building in which the Flat/Unit is situated, including entrance of the building in which the Flat/Unit is situated and in case any damage is caused to thc building in which the Flat/Unit is situated or the Flat/Unit on account of negligence or default of the Flat/Unit Purchaser in this behalf, the Flal/Unit Purchaser shall be liable for the consequences of the breach (c) To carry out at his own cost all internal repalrs to the said Flat/Unit and maintain the Flat/Unit in the sarne condition, state and order in which it was delivered by the Promoter/Developer to the Flat/Unit Purchaser and shall not do or suffer to be done arlthing in or to the building in which the Flat/Unit is situated or the Flat/Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authodty or other public authority. In the event of the Flat/Unit Purchaser committing any actincontraventionoftheaboveprovision,theFlat/UnitPurchasershall be responsible and liable for the consequences thereof to the concemed local authority and/or other public authority ,, SB w- 15 (d) Not to demolish or cause to be demolished t}le Flat/Unit or arly pait thereof, nor at any time make or cause to be made al1y addition or alteration of whatsoever nature in or to the Flat/Unit or alri pzut thereof, nor arly alteration in the elevation arld outside colour sc;eme ol the building in which the Flat/Unit is situated and shall keep the portion, sewers, drains and pipes in the Flat/Unit arrd the appurtena-nces 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 Ftat/Unit is situated and shall not chisel or in aiy other manner cause damage to columns, bearns, walls slabs or RCC, pardis o! other structural members in the Flat/Unit without the prior wdtten permission of the Promoter/Developer and/or the Association of Flat/U;it Owners. (e) Not to do or permit to be done aly act or thing which may render void or voidable any insurances oI the said land and the building in which the Flat/Unit is situated or any part thereof whereby any incrlsed premrum shall becomes payable in respect oI the insurance. (f) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the sarne to be thrown Irom the said Flat/Unit in the compound or any portion of the said land and the building in which the plat/Unit is situatea (g) To bear and pay increase in local taxes, Water Charges, insurance arld such other levies, if arly, which are imposed by the concerned local authority and/or Government and/or other public authority, on account oI change of user of the Flat/Unit by the purchaser to ary purposes other than for residential purpose. (h) The Flat/Unit Purchaser sha.ll not let, slrb let, transfer, assign or part with interest or benelit factor of this Agreement or part with the possession of the Flat/Unit until all the dues payable by the Flat/Unit pr.rrchaser to the Promoter/Developer under this Agreement are fully paid up and only if the Flat/Unit Purchaser had not been guilty oI breach of or non-observaice o1 any of the terms and conditions of this Agreement and until the f.lat/Unit Purchaser has intimated in w ting to the promoter/Developcr. (i) The Flat/unit purchaser shalr observe and pedorm regulations which the Association of Flat/Unii a, the rutes and Owners may adopt at its inception and the additions, alterations or arlendments,fr..".fifrut rnuy fr" made from time to time for protection and maintenance or,n. tr air1g and the Flat/Units therein and lor the observance ""ia of .,,a perfor-aicc tf,e Building Rules, Regulations and Bye laws for the tlme i._g ,f.,. concerned local authority and ol Governmenr "I The and other public bodies. Flat/Unit Purchaser shall also obsere arrd perform rff tf,l conditions Iaid dowrl by the Association of Flat/Unit O*-"." "tipri^i_"" i"S..ai"S "ra occupation and use of the Flat/Unit in the l'lr" Building u.a contribute regutarry and punctually towards the ,-,."1",".J "frji'puy .rp.""i" .. orn". outgoings in accordance with the terms oI this Agreement. U) Till the execution of registered Sd; Deed Apartment/Units/Flat/ Units/Shops tie of all the buildirg in which Flat/Unit is situated is executed the Flat/ Unit purchl".; J;; Promoter/ Developer and their sun,cyors o'Jnn ,n. and agents, with or without workmen aid others, at all reasonable trmes, to e;rer arld upon the said tand, and buiidings or any parr rhereof to ,r"* ;;';;;; ,[l'","," una condition thereof. d FG 15 15.The Promoter/Developer shall maintain a separate account in respect of sums received by the Promoter/Developer from the Flat/Unit Purchaser as o. deposit, sums received on account of the share capital 'or the ^Jrrun." promotion of the Association of Flat/Unit Owners or towards the outgoings' Lgi "n^.g"" and shall utilize the amounts only for the purposes Ior which they have been received. l6.Nothing contained in this Agreement is intended to be nor shall be or .onstrued as a grant, demise or assignment in law of the said Flat/Units of the said Plot and Building or any pa thereof' The Flat/Unit hrrchaser shall have no claim save and except in respect of the Flat/Unit hereby lobbies' agreed to be sold to him and all open spaces, parking spaces' terraces recreation space, will remain the property of "L.."""", Promoter/Developer until the formation of Association oI Flat/Unit owners' in 17.Any delay tolerated or indulgence showa by the Promoter/Developer of time to .rrio..irrg th" terms of this Agreement or any forbealance or giving the Flat/Unit Purchaser by the Promoter/ Developer shall not be construed or non- as a waiver on the part of the Promoter/Developer of any breach compliance oI any of thc terms & conditions of this Agreement by the FlatjUnit Purchaser nor shall the same in any manner prejudice the rights of the Promoter/ DeveloPer. present this 18.The Flat/Unit Purchaser and/or Promoter/Developer shall Agreement for its proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter/DeveloPer will attend such offtce and admit execution thereof' 19.A11 notices to be served on the Flat/Unit Purchaser as contemplated by this -- Ogt."-"", shall be deemed to have been duly served if sent to theatFlat/Unit P,;."h."". by Registered Post A D / Under Certificate of posting his/her below or shall serve the said communication through ^ia.""" email: "p."lft.J Mr Emall I.D. fol communication: BY AND BETWEEN THE PART1ES 2O.IT IS ALSO UNDERSTOOD AND AGREED the terace Flat/Units fr"r.,o that the terrace space in fiont of or adjacent to to the respective in the said building, if any, shall belong exclusively such terrace space are intended for ;;..;;"", of the terrace Flat/unit and Purchaser' The Said the exclusive use oI the respective terace Flat/Unit till the permission ,"-u." not be enclosed by the Flat/Unit Purchaser and the "nutt is obtained from the concemed local authority i" *ti i"g O$rters' or as the case may pro-oi"rl"O"""r.p"r or Association of Flat/Unit be /: \,;\ f"' t, 17 21. No unit holder of .SIYA ENCLAVE", Apartment Condominium shall posr ary advertisement or posters of any kind in or on the building. Holder of tenements shall exercise extreme care about making noises or the use of musical instruments, radios, televisions, and amplifiers that may disturb others. It is prohibited to hang garments, rugs etc. from the windows balconies or from any of the facades of the "SIYA ENCLAVE", Apartment Condominium. It is prohibited to dust rugs, etc. fiom windows or clerrr.ugs, etc. by beating on the exterior part of the "SIYA ENCLAVE", Apartmenr Condominium. It is prohibited to throw garbage or lresh oulside the disposal installations provided for such pLrrpose, in the service areas. If such installation is not provided, a1l garbage or fresh shall be collected in a Vessel and thrown in the Municipal Dustbin. No Owner or lessee shall install wiring lor electrical or telephone installation, television antenna machines of air conditioning units/Flat/Units, etc. on the exterior oI the ..StyA ENCLAVE", Apartment Condominium or that protrude through the wals oI the roof of that condominium except as authorized by the Association and the Grantor 22.This Agreement shall always be subject to the provisions of the Real Estate (Regulation and Development) Act, 2016 and the rules made thereunder/said Act artd the rules made thereunder. 23.A11 out of pocket costs, charges & expenses including stamp dLrty & registration charges, GST & incidental charges for this Agreement plus aI amount of Rs /- towards MSEB meter connection & it,s fitting charges, water connection & other utility & services connection charges, will be borne by the Purchaser. FIRST SCHEDULE Amalgamated Plot No 5 & 6, area admeasuring 372.04 sqm. par.t of Gut No. 54. Itkheda, Aurarrgabad bounded by. Bounded as under : EAST Land of Mrs Smita Kshirsagar I WDST 15.00 M.W. Road SOUTH 6.00 M.W. Road NORTH Land of Sahebrao Bankar SECOND SCHEDULE Flat/Unit No. --, having carpet aiea admeasuring ___- _ Sq. Meter , on ____-____- Floor, - in the building known as "SIYA ENCLAVE" consiructed onAmalgamated plot No. 5 & 6, irrea admeasuring 322.04 sqm. part olGut No. 54, Itkheda, er.urr-g.iua Boundarles EAST 5l { c 18 WEST SOUTH NORTII ANNEXI]RE A Name of the Advocate Adv. Anand Umrikar Address Plot No.71. New SBH ColonY, Shahnoorwadi. Aurarlgabad Date CERTIFICATE This is to certify that we have investigated the title to the aforesaid property which is -or" p"tti""fitfy described below in the Schedule hereunder written and have titli deeds and cenily thaL in my oprnion the til-le of&sou' Smila ".-.JA,t" FurrJ,i.uo Kshirsagar Ihrough GPA Developer Sai Krupa Bnilders De\elopers ifr.""grr it" P.opriletor Mr. Subodh Fulchand Tandale is absolute' clear' good & marketable The Schedule Above Referted to Amalgamated Plot No. 5 & 6. area admeasuring 372.04 sqm. part of Gut No' 54, Itkheda, Aurangabad, on which the project "SIYA ENCLAVE" is going to be constructed Place: Aurangabad Signature of the Advocate Date : Adv. Anand Umrikar ANNEXURE B 1. /12 Extract of Gut No. 54, ltkheda, Aurangabad, issued bY Talathi' 2. Registered Sale deed bearinB no' 7381 dated 14 08 1987' 3. N.A. order bearin8 No 163/99 dated 23'10 2000' 4. order bearing No. 1428/01dated 04 08'2001 5. Registered Sate deed bearing No 576 dated 02'02 2001 6. Registered Sale deed bearin8 No 574 dated 02 02 2001 7. Registered Development A8reement bearing No 1O33 dated 18 03 2017 8. Registered Power of Attorney bearing No- 1034 dated 18 03 2017 9. Letter bearinB No. 2372/2011dated 30 12 2011 19 10. Revised Commencement Certificate bearing permission No 896/2016-17, bearing flle no. 736/17 /2O16_1j dated OS_O1.2017 11. Registered Deed ofdeclaration bearing No .2j,O2 dtd.20.06.2017 ANNEXURE C a Structure R.C.C, Iramed st.uctures Walls Externa.l 6% thick and interna] 4' thick Flooring Ceramic Tile fl oo ng for all rooms Antiskid tiles for attached balcony an dry balcony, Door Franes Sag\^.an (T/w) frame with Flush door flush doors Kitchen Black granite kitchen platform, \r.ith glazed tiles dado up to door height Window Powder coated aluminums sliding windows with M.S. grill Plaster Internal with Sanla faced cement plaster Painting Plastic emulsion paint Ior interior, Acrylic emulsion paint for exterior. A11 steel and wood work will be painted with synthetic enamel oil pa]nt, Electriflcation Concealed wiring with 3.5 points in each room, Power point in ki tchen for Microwave arld Refrigerator. TC. & Telephone pomts in Hall. point for AC & TV in Master Bed. Water There u.ill be the bore well with su bmersible/jet pum pat Supply the suitable place at ground level from which water is supplied directly to the overhead water tank having pa.rtition in it for bore well water & Municipal water. There $.ill be an underground water tank for collecting o"* Municipat Supply tsubiecl ro avaitabitu"y ll-..1-1,.: waler line :,::,.r.,n al I\4Lrnicrpal Corporarionl. There wrll be also the pump on lhe underground water tank to rc Lne water a( overhead water tank hafing par_tttion tn it, from which all the flats/until are supplied with water. . COMMON AREAS AND F'ACILITIES I Parking. 2 Stair Case & Lobbies 3 Water Tank. 4 Bo:e Well and Electric Motor thereon 5 6 Compound wall & Gate 7. Overhead tanks Nerv 54fl \ 2A ANNEXI'RE D List of documents provided to the purchaser' OF THE PRO PERTY DO CUMENT s GIVEN BY THE Sr. D ESCRIPTION PURC HASER. No. PROMOTER/ DEVELO PER TO TIIE FLAT UNIT I 7 / 12 Extract of Gut No 54, Itkheda, Aurangabad, issue d by Talathi d (]ed be ail n g n 7 3 8 1 d te d 1 4 0 8 1 8 ted by Sou. 2. Re g1 S ted S AI G h oge th Parr, t ab P ar al J agdale 1n favo u I o I Sou. Shash ikala Gop al I (302O.87 sqm part of G u t N spect to an d adme S unng 0 H 29 84 Gun th 54, Itkheda, Aurangabad 6 3 I 9 sued bv the C 1le ctor. Aura-ngabad in the name 3 N o rd be arln g N o 1 admeasuring 176A.94 of Sou. Shashikala Gopalrao Ghoge with respect to land sqm. part of Gut No. 54, Itkheda, Aurangabad' 4 2 8 0 1 date d 0 4 0 a 20 0 1 S sued by C ommlssl0n r 4. O rdc I be ann g N 1 M un pal Corporation, l1I gab ad th respect to lan d admeasuing 3 0 2 1 .00 sqm. part of Gut No 54, Itkheda, Aurangabad Mu nicipal Corporation, 5 Lay out Plan approved b1 DY. Director' Town Planning, Aurangabad with respect to land admeasuring 3021 00 sqm part of Gut No 54, Itkheda, Aurangabad bearin N 5 76 da ted 0 2 0 2 20 0 1 le d by Sou 6 Rc gr tered S ale deed of Sou. Smita Pandi tr Shashikala Gopalrao Ghuge (B 1t aJ dar 1n favo ltI ad u II ng 1 94 sq m part f G u t Kshirsagar with resPect to Plot N No. 54, ltkheda, Aurangabad Registered S a] e d eed b C arln N 5 7 4 date d 0 2 0 2 2 0 0 I cxecu te d by Sou 7 S h :l sh ik ala Gop a1 ra Ghu (Birajdar) 11',I fav r ot Sou Sm t a Pan ditrao Ksh irsagar th re pect Lo P1 t N 6 a adm asurln 2 0 2 3 sqm part of G L No. 54, Itkheda, Aurangabad No. I 0 3 3 da tcd 1 8 0 3 20 I 7 c cr,1 tc d 8 Regis tered Deve1op men t gre ement bc anng by Sou Smi ta P an di tra Ksh IS ga-r 1n favout of Sai lku p a Bu der s & D cloper d Tanda.i th pc t to through its ProP e to N{ r Subodh Fu1 chan of Gut No. 54, 6, ar c adme a st1 nfl g 3 72 04 sqm. art p amalgamated Plot No Itkheda, Aurangabad te d by No. 1 0 3 4 dated 1 a 0 3 2 0 1 7 e xecu 9 Re g1 te d Powe of ttorn ey bearin p B u ilde rS & Developers Sou Smi ta Pan di tr Ksh rrsagai 1n favour o f S a1 Kru th p ect to Fu 1ch and Tajr dale throu gh 1 ts Pro p rietor M I S u b odh par:t f Gu t No. 54 S u11 ng 3 7 2 0 4 S amai gamated PIo t N 5 & 6 alea adm Itkheda. Aurangabad I 1SS u d by D irect T 3 2 2 0 1 1 dated 30 1 2 2 0 1 10 Lette I b afln No. 2 S rn1 ta Planning M u n c1 p ar Corp OI tl on ur an gab ad 1n the narne of Sou. gaJnari OI P1 t N 5 & 6, area adme u nng Pall d I tr Kshirsagar towaJd s amal 5 4 tkhe da an gab ad 3 2 0 4 sqm p art of Gut N No soo 1zorc-tz, RevlseCt Commenc€ment Certificate bearing Permisslon 11 issued bY MuniciPal bearing Iile no. 736/ 17 12016- 17 dated 05.01.2O17 r\snan' Vr"-' 21 bearing fi le n 7 36 1 7 2 0 6 1 7 d t d 0 5 0 1 20 1 7 1SS u ed by M u nl c1 pal Corporatio n u f an ga b ad 1n rh c naune OT So u Smi ta Panditrao respect to analgarnated Plo t N Kshirsagar th 5 & 6, ad m e surln 3 72 04 sqm. part Gut No. 54 Itkheda, b ad I 12 Map of construction appr oved by the Ass Director of Town Planning, Corporation, Aurangabad with respect M unicipal to amalgama ted Plot No. 5 & 6. .area admeasuring 372.04 sqm part of Gut No. 54, Itkheda, Aurangabad 13 Registered Deed oii eclaration bearing No- t02 dtd.20.06 20 Krupa Builders & Developers through l7 execu ted by Sai Tandale with iespec t to amalgarrated plo its Propdetor Mr. Subodh Fulchand sqm. part of Gut No. 54, Itkheda, t No. 5 & 6, area admeasu ng 372.04 Auranga bad The photocopy of above refe.red Proj ect Documents from Sr. No I ove. by the promoter/Developer to 13, are han ded to the purchaser & has acknowled ged the samc Name of the Purchaser Signatures NED SEALED AND Signature DELIVERED Photo BY THE WITHIN NAMED th" promoter/Land owner/Developer/s. Mrs. Smita panditrao Kshirsagar Through his cpA Sai Krup a Builders & Developers through i rs proprretor Mr. Subodh Fulcharrd I andale SIGNED SEALED AND D BY TIIE IVITHIN NAMED Signaturi Photo The Promoter/Developer/Developer/s. Sai Krupa Build ers & through its pro prr etor Devejopers Fulch and Tan derle Mr Subodh SICNED S EALED AN D DELI VERED BY THE WITHIN NA MED Slgaature The PURCTIASER 22 Signatule Photo wrrxessrs Mt. Occu: Age Years, R/o - -, Mr occu: Age R/o -, Y