AGREEMENT TO SALE Zone No. 22.588 Govt. Valuation Rs………../-Sq.Mtr. Agreement to sale of Flat located in “Shreenath Residency, Building C-D” at Harsul Aurangabad. The stamp value of Rs.……………….. and actual sale value Rs………………..../- (Rupees ……………………………………..). This agreement to sale is executed today on __________ day of …………….., 20……, at Aurangabad. Between :- 1. Shrikant s/o Narharrao Satarkar, Age : 36 years, Occup.: Business, R/o. : Vishnunagar, Aurangabad. PAN No. BEXPS6892C 2. Subhash s/o Kachru Ganpure, Age : 57 years, Occup.: Agri & Business, R/o.: Plot No.39, G.N.169, Trimurti Sai Nagar, Renuka Mata Mandir Rd, Satara, Aurangabad. PAN No. AVNPG5748F Both through their Power of Attorney 1. Ketan s/o Shrikrishna Navle, Age: 45 years, Occupation. Business, r/o: Navi Peth, Ahmednagar. PAN No. ADNPN5212D 2. Avinash s/o Nandkishor Palkar, Age: 32 years, Occupation Business, r/o: Plot no.11, Shri Suyog Association, N-8, CIDCO, Aurangabad. PAN No. AJIPP9455F (Hereinafter called as „OWNERS‟ which expression shall mean and include all their heirs, successors, legal representatives, executors, administrators & assignees etc.) 2 AND M/s. Shreenath Constructions, PAN No. ACGFS0513C A Partnership firm through its partners: 1. Ketan s/o Shrikrishna Navle, Age: 45 years, Occupation. Business, r/o: Navi Peth, Ahmednagar. 2. Avinash s/o Nandkishor Palkar, Age: 32 years, Occupation Business, r/o: Plot no.11, Shri Suyog Association, N-8, CIDCO, Aurangabad. (Hereinafter called as „Promotor‟ which expression shall mean and include all the present and future partners of the firm, their heirs, successors, legal representatives, executors, administrators & assignees etc.) AND Name: ………………………….. Age : ……… yrs, Occ. : …………….. Addr.: ………………………………….. …………………………………………… PAN No. …………………… (Hereinafter called as “Purchasers” which expression shall mean and include all his heirs, successors, legal representatives, executors, administrators and assignees). WHEREAS the property land Gut No.167/1 totally admeasuring 02 Hector 52 R., to the extent of 20 R., situated at Harsul, Aurangabad, was originally owned and possessed by the Owner no.1 and he purchased the same under the registered sale deed dated:29.01.1999 and 20-R portion adjacent to the said land of owner no.1 towards the southern side is purchased by Owner no.2 under the registered sale deed 11.04.1999 and both lands are commonly described in Schedule “A”. AND WHEREAS, the owner no.1 entered in to registered development agreement in respect of his 20-R land from Gut no.167/1 with M/s. Shreenath Constructions on dated: 05.08.2013 and owner no.2 entered in to registered development agreement in respect of his 20-R portion in land Gat no.167/1 with the same developer on dated 16.05.2013 Sr.No.2381/2014, 3 AND WHEREAS the land Gut no.167/1 to the extent of 40-R described in SCHEDULE „A‟ is converted into Non-Agriculture use as per the order of Collector Aurangabad on dated:27.01.2014. AND WHEREAS, construction permission in respect of said land described in Schedule “A” is obtained from Municipal Corporation Aurangabad on dated 13.06.2013 in file no. 585/17/2011-12. AND WHEREAS, declaration U/s.2 of the Maharashtra Flat Ownership Act is executed and registered on dated: 16.05.2014 at sr. no.2383/2014 and thereby proposed project nomenclature as “SHREENATH RESIDENCY” is submitted to the provisions of the Maharashtra Flat Ownership Act. AND WHEREAS the Promoter is developing the aforesaid land by constructing buildings which shall have common amenities for entire Plot. The Promoter is constructing 2 buildings of four number of floors comprising of Flat / shops in the housing complex named as “SHREENATH RESIDENCY” by using, utilizing and consuming the Floor Area Ratio / Floor Space Index (“FAR/FSI”) to the extent permissible under standard Building Bye-Laws and Development Control Regulations (DC REGULATIONS) of „D‟ class Municipal Councils, framed under the Maharashtra Regional and Town Planning Act,1966; AND WHEREAS, the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS, the Promoter is in possession of the project land; AND WHEREAS, the Promoter has proposed to construct on the project land two separate buildings namely „Building C-D‟ and „Building C-D‟ with two wings each as Wing „A‟, Wing „B‟ and Wing „C‟, Wing „D‟ respectively and having one Parking floor and 4 upper floors each. AND WHEREAS as the Promoter proposed to constructing „Building C-D‟, having Wing „A‟ & Wing „B‟ with Parking Floor + 8 upper floors, comprising of 62 nos. of residential units and 06 nos. of commercial shops on land admeasuring 1370.96 sq.mt. underneath thereto but this is under sanctioning process. At present buildings „A‟ and „B‟, having Parking Floor 4 upper floors, comprising of 12 residential Flats & 6 commercial Shops in Wing „A‟ and 12 residential Flats in Wing „b‟ are sanctioned. Which is more particularly described in the FIRST SCHEDULE hereunder written (Hereinafter referred to as “the project land”) and to construct thereon building in accordance with the terms and conditions contained in the Development Agreement/Power of Attorney; The Project land is delineated in the Plan annexed herewith. 4 AND WHEREAS, the Purchaser is offered an Flat bearing number _____ on the ____ floor, ( herein after referred to as the said “Flat”) in the _____ wing of the building called „Building C-D‟ (herein after referred to as the said “Building”) being constructed in the First phase of the said project, by the Promoter. AND WHEREAS the Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at _________ no___________; authenticated copy is attached in Annexure „F‟; AND WHEREAS the Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building. AND WHEREAS by virtue of the Development Agreement and Power of Attorney the Promoter has sole and exclusive right to sell the Flats in the said building to be constructed by the Promoter on the project land and to enter into Agreement with the Purchaser(s)/s of the Flats to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Purchaser, the Promoter has given inspection to the Purchaser of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Flats are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS, the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed. 5 AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans; AND WHEREAS, the Purchaser has applied to the Promoter for allotment of an Flat No. ......... on ........floor in wing ____ situated in the „Building C-D‟ being constructed in the First phase of the said Project land. AND WHEREAS the carpet area of the said Flat is ______ square meters and "carpet area" means the net usable floor area of an Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat for exclusive use of the Purchaser or verandah area and exclusive open terrace area appurtenant to the said Flat for exclusive use of the Purchaser, but includes the area covered by the internal partition walls of the Flat. AND WHEREAS the Flat also has one attached balcony/terrace of an area admeasuring…………..Sq.mt and an enclosed balcony of area admeasuring…………..Sq.mt attached to the said Flat for the exclusive use of the Purchaser. Along with the proportionate common areas i.e. passage, lifts, staircases, covered parking‟s, open terrace, water tanks, septic tanks and such other amenities of common use of area admeasuring…………..Sq.mt attached to the said building for the common use of the Purchaser. AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Purchaser has paid to the Promoter a sum of Rs...................../- (Rupees .................................. …………………………………….................) only, being part payment of the sale consideration of the Flat agreed to be sold by the Promoter to the Purchaser as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge). Sr.No. Date Particulars Amount Rs. Total Amount received 6 And the Purchaser has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no…………………….. ; authenticated copy is attached herewith. AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Flat with the Purchaser, being in fact these presents and also to register said Agreement under the Registration Act, 1908, in accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Purchaser hereby agrees to purchase the Flat. AND WHEREAS, purchaser has gone through all the above referred documents and detail contains of the same and he is also totally satisfied with the title of the property and in accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Purchaser thereafter he requested the Promoter to allot the Flat No. …….. on …. Floor, admeasuring ……….….. Sq. Mtr. carpet area in “SHREENATH RESIDENCY, Building C-D”, and which is specifically described in Schedule-B hereunder and the Builder also agreed for the same on the following terms and conditions. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building on the project land in-accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Purchaser in respect of variations or modifications which may adversely affect the Flat of the Purchaser except any alteration or addition required by any Government authorities or due to change in law. 1.a) The Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Purchaser Flat No. .............. of the type ..............of carpet area admeasuring .................... sq. metres on ............ floor in the building ________ in wing „C‟/‟D‟ (hereinafter referred to as the „Flat‟) as shown in the Floor plan thereof annexed for the total aggregate consideration amount for the Flat is thus Rs…………… /- (Rupees……………………………………………………….) including 7 the proportionate price of the common areas and facilities appurtenant to the premises. 1.b) Payment Schedule The Purchaser has paid on or before execution of this agreement a sum of Rs. _______________ ( Rupees ________________ only ) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance consideration amount of Rs. ______________ ( Rupees ________________ ) in the following manner:- S.No Particulars %age Amount Rs. 1. Booking Amount (Already paid by the customer) 10% 2. On execution of the Agreement 10% 3. On completion of Plinth 15% 4. On completion of Parking Slab 6% 4. On completion of 2nd Floor Slab 6% 5. On completion of 3rd Floor Slab 6% 6. On completion of 4th Floor Slab 6% 7. On completion of Terrace Slab 6% 7. On completion of Brickwork, Int.Plaster & flooring 5% 8. On completion of int.plumbing, windows, doors 5% 9. On completion of Sanitary fittings, lift well, lobbies 5% On completion of Ext.Plumbing, Plaster,Terrace 10. floor 5% 11. On completion of Electric fittings, water pumps 5% 12. On completion of Lifts, plinth protection etc. 5% 13. On Possession 5% Total 100% 1(c) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Goods and Services Tax (GST) and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession. 1(d) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in 8 that behalf to that effect along with the demand letter being issued to the Purchaser, which shall only be applicable on subsequent payments. 1(e) The Promoter 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 details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Purchaser within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Purchaser. If there is any increase in the carpet area allotted to Purchaser, the Promoter shall demand additional amount from the Purchaser as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(f)The Purchaser authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Purchaser undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 2.1) The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Flat to the Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Flat. 2.2)Time is essence for the Promoter as well as the Purchaser. The Promoter shall abide by the time schedule for completing the project and handing over the [Flat] to the Purchaser and the common areas to the association of the Purchasers after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Purchaser shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. (“Payment Schedule”). 9 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 3480.15 sq. Mtrs only and Promoter has planned to utilize Floor Space Index max. of 8004.35 Sq. Mtrs by availing premium area by payment of premiums or FSI available as incentive on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of 2.25 as proposed to be utilized by him on the project land in the said Project and Purchaser has agreed to purchase the said Flat based on the proposed construction and sale of Flats to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1 The Promoter fails to abide by the time schedule for completing the project and handing over the [Flat] to the Purchaser, the Promoter agrees to pay to the Purchaser, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Purchaser, for every month of delay, till the handing over of the possession. The Purchaser agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Purchaser to the Promoter under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Promoter. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Purchaser committing default in payment on due date of any amount due and payable by the Purchaser to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Purchaser, by Registered Post Ad at the address provided by the Purchaser 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 terms and conditions in respect of which it is intended to terminate the Agreement. If the Purchaser fails to rectify the breach or breaches mentioned by the Promoter within the period of notice 10 then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Purchaser (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Flat which may till then have been paid by the Purchaser to the Promoter. 5. The Promoter shall give possession of the Flat to the Purchaser on or before 31 day of May 2019. If the Promoter fails or neglects to give possession of the Flat to the Purchaser on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Purchaser the amounts already received by him in respect of the Flat with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Flat on the aforesaid date, if the completion of building in which the Flat is to be situated is delayed on account of – (i) war, civil commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 6.1 The Purchaser shall take possession of the Flat within 15 days of the written notice from the promoter to the Purchaser intimating that the said Flats are ready for use and occupancy: 6.2 Failure of Purchaser to take Possession of [Flat], upon receiving a written intimation from the Promoter as per clause 6.1, the Purchaser shall take possession of the [Flat/Shop], from the Promoter by executing necessary indemnities, undertaking and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Flat],to the Purchaser. In case the Purchaser fails to take possession within the time provided in clause 8.1 such Purchaser shall continue to be liable to pay maintenance charges as applicable. 11 6.3 If within a period of five years from the date of handing over the Flat to the Purchaser, the Purchaser brings to the notice of the Promoter any structural defect in the Flat or the building in which the Flat 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 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, compensation for such defect in the manner as provided under the Act. 7. The Purchaser shall use the Flat or any part thereof or permit the same to be used only for purpose of *residence/office/show- room/ shop/godown for carrying on any industry or business. (*strike of which is not applicable). He shall use the garage or parking space only for purpose of keeping or parking vehicle. 8. The Purchaser along with other Purchasers of Flats in the building shall join in forming and registering the Association or Association or to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Association and for becoming a member, including the bye-laws of the proposed Association and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Purchaser, so as to enable the Promoter to register the common organization of Purchaser. No objection shall be taken by the Purchaser if any, changes or modification are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Sub-Registrar, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Association, as aforesaid, cause to be transferred to the Association all the right, title and the interest of the Promoter and /or the owners in the said structure of the Building or wing in which the said Flat is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of the Association, as aforesaid, cause to be transferred to the Federation/ apex body of the Societies, all the right, title and the interest of the Vendor/Lessor/Original Owner/ Promoter and /or the owners in the project land on 12 which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Purchaser that the Flat is ready for use and occupancy, the Purchaser shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other taxes by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Association is formed and the said structure of the building/s or wings is transferred to it, the Purchaser shall payRs.…………………../- (Rs. …………………..…………………….……… ……………………………………..only) as one time maintenance to the Promoter/Association such proportionate share of one time maintenance within 15 days after notice in writing is given by the Promoter to the Purchaser. 10. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Purchaser shall pay to the Promoter, the Purchasers‟ share of stamp duty and registration charges payable, by the said Association on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building/wing of the building. At the time of registration of conveyance or Lease of the project land, the Purchaser shall pay to the Promoter, the Purchasers‟ share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 11. REPRESEMENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Purchaser as follows : i. The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal 13 possession of the project land for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land. v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/ wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Purchaser created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the project land, including the Project and the said [Flat] which will, in any manner, affect the rights of Purchaser under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Flat] 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 shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Purchasers; 14 x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities until handing over the possession; xi. No Notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and /or the Project.. 14. The Purchaser/s himself/themselves with intention to bring all persons into whosoever hands the Flat may come, hereby covenants with the Promoter as follows :- i. To maintain the Flat at the Purchaser‟s own cost in good and tenantable repair and condition from the date that of possession of the Flat is taken and shall not do or suffer to be done anything in or to the building in which the Flat is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Flat is situated and the Flat itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Flat 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 Flat 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 Flat is situated, including entrances of the building in which the Flat is situated and in case any damage is caused to the building in which the Flat is situated or the Flat 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 Flat and maintain the Flat in the same condition, state and order in which it was delivered by the Promoter to the Purchaser and shall not do or suffer to be done anything in or to the building in which the Flat is situated or the Flat which may be contrary to the rules and regulations and bye-laws of the concerned local 15 authority or other public authority. In the event of the Purchaser committing any act in contravention of the above provision, the Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat is situated and shall keep the portion, sewers, drains and pipes in the Flat and the appurtenances thereto in good tenantable rapair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Flat 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 Flat without the prior written permission of the Promoter and/or the Association.. 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 Flat is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat in the compound or any portion of the project land and the building in which the Flat is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Flat is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Flat 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 16 possession of the Flat until all the dues payable by the Purchaser to the Promoter under this Agreement are fully paid up. x. The Purchaser shall observe and perform all the rules and regulations which the Association or Apex Body or Federation may adopt at its inception and the additions, alterations or building and the Flats therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Purchaser shall also observe and perform all the stipulations and conditions laid down by the Association/ Apex Body/Federation regarding the occupancy and use of the Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Flat is situated is executed in favour of Association, the Purchaser shall permit the Promoter 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 and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Flat is situated is executed in favour of Apex Body or Federation, the Purchaser shall permit the Promoter and their surveyors and agents, with or without workmen and other, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Purchaser as one time maintenance charges of the Co-operative Association or association towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 14. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Flats or of the said Plot and Building or any part thereof. The Purchaser shall have no claim except in respect of the Flat hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of 17 the building is transferred to the Association or other body and until the project land is transferred to the Apex Body/Federation as hereinbefore mentioned. 15. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE : After the Promoter executes this Agreement he shall not mortgage or create a charge on the Flat and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Purchaser who has taken or agreed to take such Flat. 16. BINDING EFFECT: Forwarding this Agreement to the Purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Purchaser until, firstly, the Purchaser signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Purchaser and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter. If the Purchaser(s) fails to execute and deliver to the Promoter 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, then the Promoter shall serve a notice to the Purchaser for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Purchaser, application 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. 19. ENTIRE AGREEMENT: This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said Flat/plot/building, as the case may be. 20. RIGHT TO AMEND: 18 This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT PURCHASERS: It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Purchasers of the Flat, in case of a transfer, as the said obligations go along with the Flat for all intents and purposes. 22. SEVERABILITY : If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 23. FURTHER ASSURANCES : Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 24. PLACE OF EXECUTION : The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter‟s Office, or at some other place, which may be mutually agreed between the Promoter and the Purchaser, in after the Agreement is duly executed by the Purchaser and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub- 19 Registrar. Hence this Agreement shall be deemed to have been executed at Aurangabad. 25. That all notices to be served on the Purchaser and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser or the Promoter by Registered Post A. D. and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Purchaser …………………………………….. (Purchaser‟s Address)………………………………….. It shall be the duty of the Purchaser and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Purchaser, as the case may be. 26. STAMP DUTY AND REGISTRATION: The charges towards stamp duty and Registration fee of this Agreement along with Goods and Services Tax shall be borne by the Purchaser. 27. 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, thereunder. SCHEDULE “A” All that part and parcel of the property Gut No.167/1, totally admeasuring 02 Hector 52 R., to the extent of 40-R and bounded by : East : Remaining land of the same Gut, West : Remaining land of same Gut, South : Land Gut No.170 and North : 24 Mtr DP Road, situated at Harsul, Tq. and Dist Aurangabad. SCHEDULE-B Flat No…………….. admg. …………. Sq. Mtr. Carpet area with Balcony area ……………… Sq. Mtr and Enclosed Balcony area ……………. Sq. Mtr. on ………….. Floor, in „………‟ Wing at “SHREENATH 20 RESIDENCY, Building C-D”, constructed on the property described in Schedule-A, and the Flat under sale is Bounded by: East : ……………………………………… West : ……………………………………… North : …………………………………..... South: …………………………………….. and specifically, demarcated in red lines in the map annexed hereto. SCHEDULE-C SPECIFICATION OF THE MATERIAL TO BE USED AND AMENITIES TO BE PROVIDED FOR THE FLAT UNDER SALE i. Specifications 1. Structure : Earthquake resist RCC frame structure 6”thick external walls,4”thick internal walls Gypsum/Wall Putty finished internal Plaster Sand faced cement plaster for external walls 2. Doors : Green marble frame for entrance door with laminated flush doors & CP fittings. 3. Windows : Powder coated three track Aluminium Windows with M.S. safety grills. 4. Flooring : 24”x24” Vitrified tiles in all rooms 5. Kitchen : Green marble kitchen platform with Stainless steel sink. Branded designer tiles dado over kitchen platform 6. Dry Balcony : Separate Washing/Utility area for each Flat 7. Toilets : Branded C.P. fittings in W.C. & bathroom Hot & Cold mixing units in bathroom High Quality Ceramic Sanitary ware Branded designer tiles dado in bathroom. Provision for Geyser 8. Electrification: Concealed Copper wiring & provision for T.V. & Telephone point in living room. 9. Painting : Pleasant shades of OBD on Internal surfaces Good quality Weather Coat for external walls 10. Water Supply : Water supply through overhead water tank 21 ii. Common areas and Amenities 1. Parking: Adequate Parking area for each Flat in common parking. 2. Drainage line throughout “SHREENATH RESIDENCY” up to each of the building separately. 3. Waterline throughout “SHREENATH RESIDENCY” up to each of the building separately. 4. Electric wiring throughout “SHREENATH RESIDENCY” up to the each of the building separately. 5. Electric meter through which electricity supplied to the common area and motor installed on underground water tank for each of the building separately. 6. Compound wall and main gate. 7. Underground and overhead water tank and electric motor installed on underground water tank for each of the building separately. 8. Staircase and common lobbies on each floor for each of the building separately. 9. Lift for each of the building separately. 10. A Temple. 11. A landscaped garden. 12. A covered sit-out. 13. A bore-well common to all buildings. IN WITNESSTH WHEREOF, THIS AGREEMENT TO SALE IS EXECUTED ON DAY OF …………… 20……, AT AURANGABAD. WITNESSES: OWNER/GRANTOR 1. Ketan s/o Shrikrishna Navle, 1……………………………………. ……………………………………. 2.Avinash s/o Nandkishor Palkar, ……………………………………. As GPA of (1) Shrikant Narharrao Satarkar and (2) Subhash Kachru Ganpure And Partners of 22 M/s. Shreenath Constructions 2. ……………………………………… I AGREE ……………………………………. PURCHASERS ……………………………………….. ……………………………………………………