1 AGREEMENT OF SALE Agreement of sale of Shop/Flat No. ____ in ________ Building in “AMRUT SAI JAI’S EKDANT” Constructed on CTS No. 14813 forming part of Survey no. 48, Situated at Pannalal Nagar, Aurangabad, the stamp, value of Rs.__________/- and actual sale value Rs._________/- Zone. _______ @ __________ /- Per Sq.Mt. This agreement to sale is executed today on th day of August 2017 at Aurangabad, between, M/s. Nisha Construction A Partnership Firm registered under Indian Partnership Act having Reg. no. ABD/1452 dated _________ and having its principal place of business at Shop No. 16, Jethliya Towers, Gulmandi, Aurangabad, (PAN NO. ____________) Through its Partner, 1. Mr. Raju Lekhraj Tanwani, Age.: 51 years, occ.: Business, R/o.: Arihant Market, Machalikhadak, Aurangabad. PAN No. _______________ AADHAR no. ___________ 2. Mr. Balaji Chandrabhan Patil, Age.: 43 years, occ.: Business, R/o.: Town Center, CIDCO, Aurangabad. PAN No. _______________ AADHAR no. ___________ [Hereinafter called as OWNER which expression shall mean and include all its present and future partners their heirs successors, legal representatives, executors, administrators and assignees.] AND M/s. Amrut Developers, A Registered Partnership Firm registered under Indian Partnership Act having Reg. no. ABD/1984 dated _________ and having its principal place of business at Labh Chambers, Station Road, Aurangabad, (PAN NO. ____________) Through its partner, Mr. Vijay Ramdas Sakkarwar, Age.: 40 years, occ.: Business, R/o.: Labh Chambers, Station Road, Aurangabad. PAN No. _______________ AADHAR no. ___________ Director is authorised vide Deed of Partnership on which basis firm registered, hereinafter referred to as the “DEVELOPER/BUILDER” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include all its present and future partners their heirs successors-in-interest, executors, administrators and permitted assignees, including those of the respective partners). 2 AND Mr. Age : Years, Occ. :- R/o.: PAN No. (Aadhar no. __________________) (Hereinafter called as ALLOTTEE/PURCHASER which expression shall mean and include all his/her/their heirs, successors, legal representatives, executors, administrators and assignees) WHEREAS :- I. That the property Land Survey no. 48, totally admeasuring 19 Acre 32 Gunthas Land Revenue Rs. 31.00 ps., situated at Aurangabad was originally owned and possessed by Bhagoji Devji Gade and he sold out the entire land to Pannalal Dwarkadas Vakil under the registered sale deed bearing no. 74/1326 Fasli dated 10 Khurdada 1326 fasli. II. That Pannalal Vakil died and after his death names of his legal heirs Sureshchandra Pannalal, Prafull Pannalal, Rameshchandra Pannalal, and Ravinchandra Pannalal recorded in revenue record whereas Sureshchandra Pannalal name came to be recorded as Karta i.e. Manager of family in revenue record as owner and possessor in respect of land Gut no. 48 as per mutation entry no. 44. III. That in the year 1964 by the order of the Collector Aurangabad the property is converted to the non-agriculture order no. RB/WS/VIII/CR/9/64 dated 04.05.1964. IV. That in the year 1970 Sureshchandra Pannalal, Prafull Pannalal, Rameshchandra Pannalal, and Ravinchandra Pannalal partitioned Land Survey no. 48, totally admeasuring 21 Acre 25 Gunthas Land Revenue Rs. 35.63 ps., situated at Aurangabad between Sureshchandra Pannalal, Prafull Pannalal, Rameshchandra Pannalal, and Ravinchandra Pannalal to the extent of 0-4-0 each 3 and on the basis of the family partition their names came to be recorded to the revenue record as owners and possessors wide mutation entry no. 228. V. That in the year 1972 Sureshchandra Pannalal and Ravinchandra Pannalal transferred portion of Land Survey no. 48, admeasuring East West 26.82 Meter South North 24.99 Meter, situated at Osmanpura, Aurangabad, to Mangala Nanasaheb Shinde under the registered sale deed bearing registered no.577/1972 dated 15.03.1972 registered at the office of Sub-registrar Aurangabad accordingly her name came to be recorded to the CTS record as owner and possessor. VI. That in the year 1974 Ravindrachandra Pannalal and other filed Regular Civil Suit no. 719/1974 in the Court of Civil Judge Junior Division at Aurangabad regarding the property Land Survey No. 48 against Ramesh Laxman And others and the suit is partly allowed by the Hon’ble 2nd joint Civil Judge Junior Division Aurangabad. On 28th April 1980. VII. That at the time of implementation of city survey scheme in Aurangabad City Property Survey No. 48 allotted CTS no. 14813 sheet no 138, however name of owners was recorded in CTS record. VIII. That in the year 1988 name of Rameshchandra Pannalal Vakil, Ravindra Pannalal Vakil, Satishchandra Sureshchandra Vakil, Maheshchandra Sureshchandra Vakil and Shirishchandra Sureschandra Vakil their name came to be recorded in the CTS record on the basis of the order of Hon’ble Civil Judge Junior Division in RCS No. 719/1974 dated 28.04.1980 and 7/12 Extract and as per the Measurement of the area their name came to be recorded in CTS record as owners and possessors on 09.12.1988. IX. That in the year 1996 Waman Laxman and other filed petition in SLR Aurangabad against Rameshchandra Pannalal and Others the same was rejected by the SLR Aurangabad, and Waman Laxman and other filed an appeal in DDLR Aurangabad that also rejected by DDLR Aurangabad, thereafter appellant filed an revision application before Principal Secretary And Officer On Special Duty (Appeals), Revenue And Forest Department Government of Maharashtra, Mumbai same was rejected on 27.07.2004. 4 X. That in the year 2003 Rameshchandra Pannalal Vakil, Ravindrachandra Pannalal Vakil, Satishchandra Sureshchandra Vakil, Maheshchandra Pannalal Vakil and Shirishchandra Sureshchandra Vakil with intent to Develop their property in CTS no. 14813 totally admeasuring 11860.5 Sq.Mt. Out of which to the extent of 2207.74 Sq.Mt. situated at Pannalal Nagar, Osmanpura, Aurangabad, along with right to consume the FSI of 650 Sq.Mt. with M/s. Venkatesh Builders and Developers through its partner Sanjaykumar Suganchand Kasliwal under the registered Development Agreement bearing registration no. 1224/2003 dated 30.06.2003 registered at the office of Sub-registrar Aurangabad and also the Power of Attorney for Development of Property is executed by the owners in favour of M/s Venkatesh Builders and Developers through partner Sanjaykumar Suganchand Kasliwal under the registered Power of Attorney bearing registration no. 1225/2003 dated 30.06.2003 registered at the office of Sub-registrar Aurangabad. XI. That in the Year 2004 Rameshchandra Pannalal Vakil, Ravindrachandra Pannalal Vakil, Satishchandra Sureshchandra Vakil, Maheshchandra Pannalal Vakil and Shirishchandra Sureshchandra Vakil transferred Land Survey no. 48, City Survey No. 14813 out of which to the extent of 3997.5 Sq.Mt. situated at Pannalal Nagar Osmanpura, Aurangabad to Municipal Corporation Aurangabad through Divisional Commissioner Shirish Devidas Ramteke under the registered sale deed bearing registration no. 3278/2004 dated 16.08.2004 registered at the office of the Sub-registrar Aurangabad and on the basis of the registered sale deed his name came to be recorded to the revenue record as owner and possessor wide mutation entry no.3494. XII. That in the Year 2005 Rameshchandra Pannalal Vakil, Ravindrachandra Pannalal Vakil, Satishchandra Sureshchandra Vakil, Maheshchandra Pannalal Vakil and Shirishchandra Sureshchandra Vakil relinquished all their rights in the City Survey no. 14813/part situate at Pannalal Nagar, Osmanpura, Aurangabad, affecting in 15 Meter DP Road form Hotel Darling to Pannalal Nagar while obtaining the building permission on City Survey no 14813/part in file no. 387/17/2005-2006 dated 07.10.2005 5 by the registered Relinquishment Deed bearing registration no. 3928/2005 dated 17.10.2005 registered at the office of Sub- registrar Aurangabad and Thereafter the Correction Deed is executed in Relinquishment Deed registration no 3991/2005 dated 17.10.2005 registered at the office of Sub-Registrar Aurangabad. XIII. That in the year 2007 Savita Sureshchandra Vakil, Purnima Subhash Mehta and Hema Yogesh Saraf released their rights in the property bearing CTS no. 14813/P, CTS no. 14813/118 CTS no. 14813/119 situated at Pannalal Nagar, Osmanpura, Aurangabad in the name of Maheshchandra Sureshchandra Vakil under the registered Release Deed bearing registration no. 1816/2007 dated 10.04.2007. XIV. That in the year 2010 Rameshchandra Pannalal Vakil, Ravindrachandra Pannalal Vakil, Satishchandra Sureshchandra Vakil, Maheshchandra Pannalal Vakil and Shirishchandra Sureshchandra Vakil transferred Land Survey no. 48, City Survey No. 14813 out of which to the extent of 1871.74 Sq.Mt. situated at Pannalal Nagar Osmanpura, Aurangabad to M/s. Nisha Construction through its partner Raju Lekhraj Tanwani with the consent of M/s. Venkatesh Builders and Developers through its partner Jugalkishor Chhaganlal Tapadia under the registered sale deed bearing registration no. 4731/2010 dated 10.06.2010 registered at the office of the Sub-registrar Aurangabad and on the basis of the registered sale deed his name came to be recorded to the revenue record as owner and possessor wide mutation entry no. 5398. XV. That in the Year 2010 M/s Nisha Construction through its partner Raju Lekhraj Tanwani obtained the construction permission from Aurangabad Municipal Corporation, Aurangabad for construct residential cum commercial complex in file no. 285/17/2010-2011 and obtained permission no. 525/2010-11 dated 06.08.2010 and also commenced construction as per permission granted by Aurangabad Municipal Corporation. XVI. That M/s Nisha Constructions through its partner Raju Lekhraj Tanwani relinquished rights in the property CTS no. 14813/P situated at Pannalal Nagar, Osmanpura, Aurangabad total admeasuring 1075.00 Sq.Mt. is the area which includes in the relinquishment deed under the registered Relinquishment Deed 3928/2005 dated 6 17.10.2005 and Correction Deed registered bearing registration no. 3961/2005 dated 21.10.2005 is release from the said deed and handed over to the Municipal Corporation Aurangabad through its commissioner under the registered relinquishment deed bearing registration no. 6051/2010 dated 23.07.2010 on the basis of the registered relinquishment deed his name came to be recorded to the revenue record as owner and possessor wide mutation entry no. 5438. XVII. That in the year 2013 Ms/ Nisha Construction through its partner Raju Lekhraj Tanwani, Balaji Chandrabhan Patil obtained the loan from The Malkapur Urban CO-Operative Bank Ltd and Mortgaged the property CTS no. 14813/p situate at Pannalal Nagar, Osmanpura, Aurangabad. XVIII. That in the year 2014 M/s Nisha Construction through its partner Raju Lekhraj Tanwani, Balaji Chandrabhan Patil with intent to Develop their property CTS no. 14813 totally admeasuring 11860.5 Sq.Mt. out of which to the extent of 1871.74 Sq. Mt. Sheet No. 138 and after sub division CTS no. 14813/121 admeasuring 1782.74 Sq. Mt. situated at Pannalal Nagar, Osmanpura, Aurangabad entered into Development Agreement with M/s Amrut Developers through its authorised Partner Vijay Ramdas Sakkarwar under the registered Development Agreement bearing registration no.6136/2014 and also executed irrevocable power of attorney bearing registration no.6137/2014 dated 04.09.2014 registered at the office of the Sub- registrar Aurangabad. XIX. That Declaration U/Sec.2-a of Maharashtra Apartment Ownership Act 1970 is executed and registered at Sr. No. 1647/2016 dated 30.04.2016 at the Office of Sub-Registrar Aurangabad, thereby the Proposed Shop/Flat ted building “AMRUT SAI JAI’S EKDANT” is submitted to the provisions of Maharashtra Apartment Ownership Act 1970. Copy of INDEX-II enclosed here with as Annexure-_____. XX. That the residential cum commercial Building Shop/Flat being constructed on the property described in Schedule-A, will be known as “AMRUT SAI JAI’S EKDANT” apartment and in no case the said name will be changed, in this project consist 11 Shop and 18 Flats, said building consist _____ floors such as Basement i.e. Parking 7 Floor, Ground Floor, First Floor, Second Floor, Third Floor, Fourth Floor, Fifth Floor and Sixth Floor. XXI. That the property CTS No. 14813 totally admeasuring 11860.5 Sq.Mt., out of which 1782.74 Sq.Mt., Situated at Pannalal Nagar Aurangabad, as per the Zone Certificate dated ____________, issued by Assistant Director of Town Planning Aurangabad vide Part Plan no. ____________ sanctioned by ____________________________________________ vide Letter no. _________________ dated __________ came in to effect from _________, have been shown in Residential Zone. XXII. The OWNER and DEVELOPER/BUILDER obtained necessary permissions by various Govt. departments for development of the said Property and construction of the said Building; XXIII. Title Report (which showing the title flow and encumbrances if any, to or upon the said Property) in respect of the said Property issued by Advocate competent to issue the same has been annexed herewith, as ANNEXURE - A and The copy of PROPERTY REGISTRATION CARD in respect of the said Property and ANNEXURE- B respectively. Search Report and Title Opinion has been handed over separately to the Allottee/Purchaser herein and the same shall be read with this Agreement; XXIV. The Aurangabad Municipal Corporation Aurangabad, being also Planning Authority, under the Maharashtra Regional and Town Planning Act, 1966, has sanctioned the building plan. The relevant copies of the Commencement Certificate is annexed herewith and marked as ANNEXURE-C; Pursuant to and in accordance with the afore stated sanction plan and revisions thereof, sanctioned and approved by the Aurangabad Municipal Corporation Aurangabad, the DEVELOPER/BUILDER has commenced the development on the said property; XXV. While sanctioning the said plans, the Aurangabad Municipal Corporation Aurangabad / Planning Authority imposed certain terms, conditions, stipulations and restrictions which are to be observed and performed by the DEVELOPER/BUILDER while developing the said Property and the construction of the said Building and upon due observance and performance of which 8 only the Completion and Occupation certificates in respect of the said Project shall be granted by the Planning Authority; XXVI. The DEVELOPER/BUILDER has entered into standard agreement with “M/s. ___________” an architect registered with the council of architects and such agreement is as per the agreement prescribed by the council of architects and the DEVELOPER/BUILDER also appointed Mr. _____________ structural engineers for the preparation of the structural design and drawings of the said Building and the DEVELOPER/BUILDER accepts the professional supervision of the architect and the structural engineer or any replacement thereof till the completion of the said Building; XXVII. The DEVELOPER/BUILDER has at the time of allotment and prior to the execution hereof, as demanded by the Allottee/Purchaser given inspection to the Allottee/ Purchaser/s of all documents of title relating to the said Project Property and the plans, designs and specifications prepared by the Architect; copies of documents inter alia such as all sanctions, permissions, licenses, clearances etcetera issued in favour of the DEVELOPER/BUILDER by various local/government/semi government bodies; right of the DEVELOPER/BUILDER to develop the said Project on said property; and all other related documents as are specified under the Real Estate (Regulation and Development) Act, 2016 and the Rules made thereunder, (said “ACT”) and the Allottee/Purchaser has satisfied himself about the plans, designs and specifications of said Shop/Flat, title of the DEVELOPER/BUILDER to the said Project Property, and DEVELOPER/BUILDER having development rights to develop the said Project property including and to allot and sell the said Shop/Flat ; XXVIII. That the carpet area of the said Apartment is in square meters and "carpet area" means the net usable floor area of an Shop/Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Shop/Flat for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Shop/Flat for exclusive use of the Allottee/Purchaser, but includes the area covered by the internal partition walls of the Shop/Flat; 9 Explanation: - The Carpet area stated herein includes the area covered by the internal partition walls which may be constructed of plain bricks, reinforced bricks, clay, terracotta, drywall, concrete plain or reinforced, drywall, shear walls, precast concrete as those being walls that are partitions within the internal area of the Shop/Flat and also includes area covered by internal and attached Column’s/Pillars to the internal partition walls of the Shop/Flat. XXIX. The Allottee/Purchaser knowing well the above facts and having satisfied with the sanction plan, floor plan, specifications, design, areas, location of the Apartment building project, amenities, common area, title documents, sanctions, applied for allotment of a residential cum commercial Shop/Flat bearing No. ________, admeasuring ___________ Sq.Mtrs. Carpet area on ________ Floor, (Proportionate common Area _____ % ) in AMRUT SAI JAI’S EKDANT being constructed on the said property, the Shop/Flat is more particularly described in the Schedule-B written hereunder and delineated in red in the floor plan which is also part of the said Schedule-B, with general specifications of construction more particularly described in the ANNEXURE-____ written hereunder, which Shop/Flat is hereinafter referred to as the said “SHOP/FLAT”; (For the sake of convenience of registration, smaller image of the relevant Floor Plan of building sanctioned by the Planning Authority and certified by the Architect is annexed as Schedule-B and a certified copy of sanctioned plan is separately provided to the Allottee/Purchaser ). The DEVELOPER/BUILDER has agreed to provide common areas and facilities for common use of the residential cum commercial, residents of the said Building and the same shall be as described in the ANNEXURE–____ enclosed hereto. Smaller images of present sanctioned building plan, delineating the said building are annexed and marked as ANNEXURE-_____. XXX. Relying upon the said application the DEVELOPER/BUILDER agreed to allot to the Allottee/Purchaser herein the said Shop/Flat no. _____ at the price and on the terms and condition hereinafter appearing, and the DEVELOPER/BUILDER issued to the Allottee/Purchaser an “ALLOTMENT LETTER" dated _____________ to 10 that effect; That 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; XXXI. Prior to the execution of these presents the Allottee/Purchaser has paid to the DEVELOPER/BUILDER a sum of Rs.___________/- (Rupees_________________only) (not exceeding 10 % of the total consideration) as advance payment in compliance with clause 13(1) of the said Act), being part payment of the sale price/consideration of the Shop/Flat agreed to be sale by the DEVELOPER/BUILDER to the Allottee/Purchaser as advance payment or earnest money deposit, or holding amount or application fee (the payment and receipt whereof the DEVELOPER/BUILDER both hereby admit and acknowledge) and the Allottee/Purchaser agreed to pay to the DEVELOPER/BUILDER the balance of the sale price/consideration in the manner hereinafter appearing; XXXII. The DEVELOPER/BUILDER hereby clarifies that it has withdrawn all its advertisements and brochures etc-etera in respect of the said Project published prior to 01.05.2017 and the same are not in use since then; and the Allottee/Purchaser hereby acknowledges the same. The Allottee/Purchaser further hereby admit and confirms that he has relied only on the specification, elevation and drawing given in respect of the said Project by the DEVELOPER/BUILDER only after 01.05.2017; XXXIII. The Allottee/Purchaser having satisfied with the specification of the said Shop/Flat; and with the above said title documents and sanctions inspected by him, agreed to purchase the said Shop/Flat from the DEVELOPER/BUILDER and the DEVELOPER/BUILDER agreed to allot the same to the Allotee’s/Purchaser/s for and at the price hereinafter mentioned; XXXIV. The DEVELOPER/BUILDER has registered the said Project under the provisions of the said Act with the Real Estate Regulatory Authority on _________ bearing Registration No.___________; the 11 authenticated copy of the same is annexed hereto and marked as ANNEXURE-____ XXXV. Under section 13 of the said Act the DEVELOPER/BUILDER is required to execute a written Agreement for sale of said Shop/Flat with the Allottee/Purchaser, being in fact these presents and to register the said Agreement under the Registration Act, 1908; XXXVI. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the DEVELOPER/BUILDER hereby agrees to sell and the Allottee/Purchaser hereby agrees to purchase the said Shop/Flat and the parties hereto therefore have executed this Agreement for sale to witness the terms and conditions thereof and in compliance with Section No.13 of the said Act, as under :- NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :- 1. The DEVELOPER/BUILDER shall construct the one residential cum commercial building building consist, and consisting of P+____ upper floors on the said property in accordance with the plans, designs and specifications as approved by the Planning Authority from time to time. Provided that the DEVELOPER/BUILDER shall have to obtain prior consent in writing of the Allottee/Purchaser in respect of variations or modifications which may adversely affect the Shop/Flat of the Allottee/Purchaser except (i) any alteration or addition required by any Government authorities or due to change in law, or (ii) the DEVELOPER/BUILDER may make such minor additions or alterations as may be required by the Allottee/Purchaser, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by the Architect or Engineer after proper declaration and intimation to the Allottee/ Purchaser. 2. The DEVELOPER/BUILDER does hereby agree to sale, transfer and otherwise convey in the manner hereinafter mentioned, the said Shop/Flat bearing bearing No. ________, 12 admeasuring ___________ Sq.Mtrs. Carpet area on ________ Floor, (Proportionate common Area _____ % ) in AMRUT SAI JAI’S EKDANT which described in Schedule-B, residential cum commercial Building being constructed on the said property described in Schedule-A unto and in favour of the Allottee/Purchaser herein, subject to the terms and conditions hereof and the Allottee/Purchaser does hereby agrees to purchase the same from the DEVELOPER/BUILDER for the total consideration of Rs.___________/- (Rupees ________________) including cost of proportionate common area, and out of which Rs.___________/- (Rupees ________________) Purchaser has paid the earnest amount to DEVELOPER/BUILDER as under :- Sr Cheque Date Amount Bankers 1. 2. 3. 4. Total As such Developer/Vendor hereby acknowledges the receipt of the same. The purchaser shall pay the remaining amount of consideration of in the manner provided in the clause No. 4 hereof. 3. The above said total consideration excludes Taxes (consisting of tax paid or payable by way of GST (Goods and Service Tax), Cess, payment for electricity connection, electricity infrastructure charges, stamp duty, registration charges and payment relating to extra items etc. or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project) up to the date of handing over the possession of the said Shop/Flat and the above said total consideration 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 13 imposed by the competent authority Local Bodies/ Government from time to time. The DEVELOPER/BUILDER undertakes and agrees that while raising a demand on the Allottee/Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the DEVELOPER/BUILDER shall enclose the said notification/order/ rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee/ Purchaser, which shall only be applicable on subsequent payments. The DEVELOPER/BUILDER may charge the Allottee/Purchaser separately for any up-gradation/ changes specifically requested, made changes in specification or additional work other then agreed in specification or approved by the Allottee/Purchaser in fittings, fixtures and specifications and any other facility which have been done on the Allottee/Purchaser request or approval but which have not been agreed upon herein or as shown in the website of the registered authority. 4. In consideration thereof the Allottee/Purchaser paid and/or agreed to pay the above said total consideration for the purchase of the said Shop/Flat to the Promoters and the DEVELOPER/BUILDER agreed to accept the same from the Allottee/Purchaser as per the Payment Schedule as under :- Amount Particulars or Stage of Payment Rs.___________ 20% of the total price payable by the Purchaser to the DEVELOPER/BUILDER on execution of Agreement Rs.___________ 15% of the total price payable by the Purchaser to the DEVELOPER/BUILDER at the time of completion of Plinth. Rs.___________ 05% of the total price payable by the Purchaser to the DEVELOPER/BUILDER at the time of commencement of the 2 nd slab of the Building Rs.___________ 05% of the total price payable by the Purchaser to the DEVELOPER/BUILDER at the time of commencement of the 03 rd slab of the Building Rs.___________ 05% of the total price payable by the Purchaser to the DEVELOPER/BUILDER at the time of commencement of the 04th slab of the Building Rs.___________ 05% of the total price payable by the 14 Purchaser to the DEVELOPER/BUILDER at the time of commencement of the 05th slab of the Building Rs.___________ 05% of the total price payable by the Purchaser to the DEVELOPER/BUILDER on completion of walls, internal plaster, floorings, doors and windows of the said unit Rs.___________ 10% of the total price payable by the Purchaser to the DEVELOPER/BUILDER on Completion the, Staircases, Lift wells, lobbies upto the floor level of the said unit Rs.___________ 10% of the total price payable by the Purchaser to the DEVELOPER/BUILDER on Completion the external plumbing, and external plaster, elevation, terraces with waterproofing of the said building or wing of the said unit 05 % sanitary Fittings Rs.___________ 05% Balance amount of the total price payable by the Purchaser to the DEVELOPER/BUILDER at the time of delivery of possession on or after occupancy of certificate or completion certificate of the said unit. Rs.___________ Total (_________ Only) amount (100%) 5. That, on completion of the Shop/Flat, the purchaser shall be given intimation by the DEVELOPER/BUILDER and within a 15 days from the said intimation the purchaser will have to pay all the dues towards the price of the Shop/Flat, GST and other applicable cess, payment for electricity connection, electricity infrastructure charges and payment relating to extra items and get the Sale Deed executed in his/her/their favour at his/her/their own cost and take the possession of the Shop/Flat . 6. Subject to the terms of this Agreement and the DEVELOPER/BUILDER abiding by the construction mile stones, the Allottee/Purchaser shall make all payments, on demand by the DEVELOPER/BUILDER, within the stipulated time as mentioned in the Payment Schedule through A/c Payee cheque / demand draft only or online payment (as applicable) in favour of M/s.Amrut Developers. The DEVELOPER/BUILDER herein on due date / or on reaching aforesaid construction milestone / stage as mentioned here in above, shall intimate the amount payable in writing or by 15 digital email to the Allottee/Purchaser and the Allottee/Purchaser shall make payment of such due amount to the DEVELOPER/BUILDER within seven days from the date of such intimation. The Allottee/Purchaser herein specifically agrees that he/she/they shall pay the total consideration along with the GST at actual applicable and such other applicable taxes, charges etc... 7. The DEVELOPER/BUILDER may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee/Purchaser as per the aforesaid payment schedule. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee/Purchaser by the DEVELOPER/ BUILDER. 8. The DEVELOPER/BUILDER shall confirm the final carpet area, that has been allotted to the Allottee/Purchaser after the construction of the said 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, enclosed balcony area, subject to a variation cap of (03 %) three percent. The total price payable for the said Shop/Flat shall be recalculated upon confirmation by the DEVELOPER/BUILDER. If there is any reduction in the carpet area and enclosed balcony area, within the defined limit then DEVELOPER/BUILDER shall refund the excess money paid by Allottee/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 Allottee/Purchaser. If there is any increase in the carpet area and enclosed balcony area allotted to Allottee/Purchaser, the DEVELOPER/BUILDER shall demand additional amount from the Allottee/Purchaser as per the next milestone of the Payment Schedule. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause no. 2 of this Agreement. 9. The Allottee/Purchaser authorizes the DEVELOPER/BUILDER to adjust/appropriate all payments made by him/her under any 16 head(s) of dues against lawful outstanding, if any, in his/her name as the DEVELOPER/BUILDER may in its sole discretion deem fit and the Allottee/Purchaser undertakes not to object/demand/direct the DEVELOPER/BUILDER to adjust his payments in any manner. 10. Without prejudice to the right of the DEVELOPER/BUILDER to take action for breach arising out of delay in payment of the instalments on the due dates, the Allottee/Purchaser shall be bound and liable to pay interest as specified in the Rules of the said Act, with monthly rests, on all amounts which become due and payable by the Allottee/Purchaser to the DEVELOPER/BUILDER till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the DEVELOPER/BUILDER under this Agreement, nor shall it be construed as condonation of delay by the DEVELOPER/BUILDER. The amount of interest may be informed to the Allottee/Purchaser from time to time or on completion of the said Project Shop/Flat, and the Allottee/ Purchaser/s has/have agreed to pay the same as and when demanded before the possession of the said Shop/Flat. 11. Without prejudice to the right of DEVELOPER/BUILDER to charge interest in terms of above mentioned clause, on the Allottee/Purchaser committing default in payment on due date of any amount due and payable by the Allottee/Purchaser to the DEVELOPER/BUILDER under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee/Purchaser committing three defaults of payment of instalments, the DEVELOPER/BUILDER shall at his own option, may terminate this Agreement: Provided that, DEVELOPER/BUILDER shall give notice of fifteen days in writing to the Allottee/Purchaser , by Registered Post AD at the address provided by the Allottee/Purchaser and mail at the e-mail address provided by the Allottee/Purchaser, of his intention to terminate this 17 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 Allottee/Purchaser fails to rectify the breach or breaches mentioned by the DEVELOPER/BUILDER within the period of notice then at the end of such notice period, DEVELOPER/BUILDER shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the DEVELOPER/BUILDER shall refund the amount till then received from the Allottee/Purchaser without any interest thereon within a period of 30 days, by deducting; (i) an amount of Rs.1,00,000/- (Rupees One Lakh Only) towards liquidated damages and/or cancellation in addition to any interest (as specified in the Rules of the said Act) payable on outstanding amount overdue from the Allottee/Purchaser , (ii) the stamp duty, registration charges, cost of extra work etc. and (iii) the amount of GST or any other taxes charged by the DEVELOPER/BUILDER to the Allottee/Purchaser till the date of such termination and the DEVELOPER/BUILDER herein shall be entitled to deal with the said Shop/Flat with any prospective buyer. Delay in issuance of any reminder/s or notice/s from the DEVELOPER/BUILDER shall not be considered as waiver of DEVELOPER/BUILDER absolute right to terminate this Agreement. For whatsoever reason if the Allottee/Purchaser herein, without any default or breach on his/her/their part or on the part of the DEVELOPER/BUILDER, desire to terminate this agreement/ transaction in respect of the said Shop/Flat then, the Allottee/Purchaser herein shall issue a prior written notice to the DEVELOPER/BUILDER informing the intention of the Allottee/Purchaser to terminate this Agreement and on such receipt of notice the DEVELOPER/BUILDER herein shall be entitled to deal with the said Shop/Flat with prospective buyers. After receipt of such notice of intention to terminate this Agreement the DEVELOPER/BUILDER shall issue a 15 days’ notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation, the Allottee/Purchaser 18 shall be entitled to receive the refund of the amount till then paid by the Allottee/Purchaser to the DEVELOPER/BUILDER without any interest thereon within a period of six months, by deducting; (i) an amount of Rs.1,00,000/- (Rupees One Lakh Only) towards liquidated damages and/or cancellation in addition to any interest (as specified in the Rules of the said Act) payable on outstanding amount overdue from the Allottee/Purchaser , (ii) the stamp duty, registration charges, cost of extra work etc. and (iii) the amount of GST and LBT charged by the DEVELOPER/BUILDER to the Allottee/Purchaser till the date of such termination. It is specifically agreed between the parties hereto that, if the transaction in respect of the said Shop/Flat between the DEVELOPER/BUILDER and Allottee/Purchaser herein terminated as stated hereinabove then all the instruments under whatsoever head executed between the parties hereto or between the DEVELOPER/BUILDER and Allottee/Purchaser herein, in respect of the said Shop/Flat, shall stands automatically cancelled and either party have no right, title, interest or claim against each other. 12. The DEVELOPER/BUILDER shall have first and permanent lien and charge upon the said Shop/Flat and the right, title and interest of the Allottee/Purchaser therein for all moneys due and payable by the Allottee/Purchaser to the DEVELOPER/BUILDER under this agreement. 13. The DEVELOPER/BUILDER shall construct on the said property the said Building in accordance with plans, designs and specifications as seen and approved by the Allottee/Purchaser prior to the execution of this agreement and duly approved by the planning authority with such variations and modifications as the DEVELOPER/BUILDER in their absolute authority may consider expedient. Provided that the DEVELOPER/BUILDER shall have to obtain prior consent in writing of the Allottee/Purchaser in respect of variations or modifications which may adversely affect the Shop/Flat of the Allottee/Purchaser except any alteration or 19 addition required by any Government authorities or due to change in law. 14. The DEVELOPER/BUILDER hereby agrees to observe, perform and comply with all terms, conditions, stipulations and restrictions, if any, which have been imposed by the public bodies, various Govt. departments, authorities, including planning authority at the time of sanctioning the building plans or thereafter. The DEVELOPER/BUILDER shall, before handing over possession of the said Shop/Flat to the Allottee/Purchaser obtain from the concerned local authority completion/occupation certificate in respect inter alia of the said Shop/Flat. The terms, conditions, stipulations and restrictions imposed by the concerned authorities at the time of sanctioning the building plans or thereafter shall also be binding on the Allottee/Purchaser herein and all Allottee/Purchaser of the Shop/Flat of the said Project and DEVELOPER/BUILDER. 15. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts to be provided by the DEVELOPER/BUILDER in the said building and the Apartment are as set out in Annexure-____, annexed hereto. 16. The covenants relating to the procedure of possession as agreed by and between the parties to this Agreement are as follows:- a. The DEVELOPER/BUILDER agrees and understands that timely delivery of possession of the Shop/Flat is the essence of this Agreement. Subject to receipt of total consideration and dues of the DEVELOPER/BUILDER and taxes thereon are paid by the Allottee/Purchaser in respect of the said Shop/Flat on time, in terms of these presents, the DEVELOPER/BUILDER, based on the approved plans and specifications, assures to handover possession of the said Shop/Flat on or before __________ (i.e. date of possession). Provided that the DEVELOPER/BUILDER shall be entitled to reasonable extension of time as agreed by and between the Allottee/Purchaser and the DEVELOPER/BUILDER for giving possession of the Shop/Flat on the aforesaid date, and the same shall not 20 include the period of extension given by the Authority for registration. Further if the completion of building in which the Shop/Flat is to be situated is delayed on account of :– (i) War, civil commotion, flood, drought, fire, cyclone, earthquake, act of god or any calamity by nature affecting the regular development of the real estate project or due ban on construction due to shortage of sand or water etc- etera by local body the Allottee has committed any default in payment of instalment as mentioned here in above (without prejudice to the right of the DEVELOPER/BUILDER to terminate this agreement mentioned herein above), any extra work/addition required to be carried in the said Apartment as per the requirement and at the cost of the Allottee/Purchaser, non-availability of steel, cement or any other building materials, water or electric supply, any delay on the part of the Office of the Collector, Aurangabad or any other Public Body or Authority, including the MSEDCL, in issuing or granting necessary Certificates / Noc’s / Permissions /Licenses /Connections of any service such as Electricity, Drains and Water Connections and Meters to the said Project under construction by the DEVELOPER/BUILDER on the said land, any other reasons beyond the control of the DEVELOPER/BUILDER or (“Force Majeure”). (ii) Extension of time for giving possession as may be permitted by the Regulatory Authority under the said Act for reason where actual work of said Project/building could not be carried by the DEVELOPER/BUILDER as per sanctioned plan due to specific stay or injunction orders relating to the said Project from any Court of Law, or Tribunal, Competent authority, statutory authority, high power committee etc. or due to such circumstances as may be decided by the Authority. b. If, however, the completion of the said Project is delayed due to the Force Majeure conditions then the 21 Allottee/Purchaser agrees that the DEVELOPER/BUILDER shall be entitled to the extension of time for delivery of possession of the Shop/Flat, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee/Purchaser agrees and confirms that, in the event it becomes impossible for the DEVELOPER/BUILDER to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the DEVELOPER/BUILDER shall refund to the Allottee/Purchaser the entire amount received by the DEVELOPER/BUILDER from the Allottee/Purchaser within 30 days’ from that date. After any refund of the money paid to the Allottee/Purchaser, Allottee/Purchaser agrees that he/she/they shall not have any rights, claims etc. against the DEVELOPER/BUILDER and that the DEVELOPER/BUILDER shall be released and discharged from all its obligations and liabilities under this Agreement. c. The Allottee/Purchaser further agree that even where ‘substantial completion’ of works has been done and after receiving Occupancy Certificate from the competent authority possession of the said Shop/Flat shall be given. That substantial completion would mean works done that do not affect his use or occupation of his Shop/Flat and he can cohabit in the said Shop/Flat. However if the DEVELOPER/BUILDER is not allowed by the Allottee/Purchaser or any person on his behalf to complete the remaining portion of the works, it shall be accepted by and between the parties that the remaining works shall be deemed to have been done as and against the DEVELOPER/BUILDER. d. The DEVELOPER/BUILDER, upon obtaining the Occupancy Certificate from the Planning Authority shall offer in writing to the Allottee/Purchaser intimating that, the said Shop/Flat is ready for use and occupation. The Allottee/Purchaser herein shall inspect the said Shop/Flat in all respects to confirm that the same is in accordance with the terms and conditions of this Agreement, complete the payment of total consideration 22 and dues and taxes thereon to the DEVELOPER/BUILDER as per terms and conditions of this Agreement and take the possession of the said Shop/Flat within 15 days’ from the date of written intimation issued by the DEVELOPER/BUILDER to the Allottee/Purchaser herein. The DEVELOPER/BUILDER agrees and undertakes to indemnify the Allottee/Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the DEVELOPER/BUILDER. The Allottee/Purchaser agrees to pay the maintenance charges as determined by the DEVELOPER/BUILDER body of the Shop/Flat Allottee/ Purchasers/ association of Allottee/Purchaser , as the case may be. It shall be expressly agreed that wherever it is the responsibility of the Allottee/Purchaser to apply and get necessary services the same shall not be undertaken by the DEVELOPER/BUILDER and the Allottee/Purchaser shall be solely responsible for the same. e. Upon receiving a written intimation from the DEVELOPER/BUILDER as stated hereinabove, the Allottee/ Purchaser/s shall take possession of the said Shop/Flat from the DEVELOPER/BUILDER by executing necessary indemnities, undertakings, possession agreement and such other documentation as prescribed in this Agreement, and the DEVELOPER/BUILDER shall give possession of the said Shop/Flat to the Allottee/Purchaser. In case the Allottee/Purchaser fails or commits delay in taking possession of said Shop/Flat within the time provided hereinabove, such Allottee/Purchaser shall be liable for payment of common maintenance charges as applicable, property tax, electricity charges and any other expenses and outgoings in respect of the said Shop/Flat and the DEVELOPER/BUILDER shall not be liable for the maintenance, wear and tear of the said Shop/Flat. f. After obtaining the occupancy certificate and handing over physical possession of the said Shop/Flat to the Allottee/Purchaser, it shall be the responsibility of the 23 DEVELOPER/BUILDER to handover the necessary documents and plans, including common areas, to the association of the Allottee/Purchaser or the competent authority, as the case may be, as per the local laws. Further that the Allottee/Purchaser has given his specific confirmation herein that the responsibility of title of the properties mentioned in the Schedule No. A & B shall be on the DEVELOPER/BUILDER up and until the conveyance of the same as envisaged hereinafter. g. Except for occurrence of the events stating herein above, if the DEVELOPER/BUILDER fails to complete or is unable to give possession of the said Shop/Flat ; (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a DEVELOPER/BUILDER on account of suspension or revocation of the registration under the said Act; or for any other reason; the DEVELOPER/BUILDER shall be liable, on demand to the Allottee/Purchaser, in case the Allottee/Purchaser wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Shop/Flat by deducting applicable taxes and charges, with the interest as specified in the Rules of the said Act with the interest as per State Bank of India highest Marginal cost of Landing rate plus 2 % percent per annum within 30 days including compensation in the manner as provided under the Act, within 30 days including compensation in the manner as provided under the said Act. Provided that where if the Allottee/Purchaser does not intend to withdraw from the said Project, the DEVELOPER/BUILDER shall pay the Allottee/Purchaser interest as specified in the Rules of the said Act, on all amounts paid by the Allottee/Purchaser , for every month of delay, till handing over of the possession of the said Shop/Flat. 17. Time is an essence of this Agreement for the DEVELOPER/BUILDER as well as the Allottee/Purchaser. The 24 DEVELOPER/BUILDER shall abide by the time schedule for completing the project and handing over the Shop/Flat to the Allottee/Purchaser and the common areas to the association of the Allottee/Purchaser after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee/Purchaser shall make timely payments of the installment and other dues payable by him and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the DEVELOPER/BUILDER as provided hereinabove ("Payment Schedule" above for brevity ). 18. If within a period of 05 years as specified in the Rules of said Act, the Allottee/Purchaser from the date of handing over the said Shop/Flat or within 15 days from the date of intimation by the DEVELOPER/BUILDER to take the possession of the said Shop/Flat whichever is earlier, brings to the notice of the DEVELOPER/BUILDER any structural defect in the Shop/Flat or the building in which the Shop/Flat is situated or any defects on account of workmanship, quality or provision of services, then wherever possible such defects shall be rectified by the DEVELOPER/BUILDER at his own cost and in case it is not possible to rectify such defects, then the Allottee/Purchaser shall be entitled to receive from the DEVELOPER/BUILDER, compensation for such defect in the manner as provided under the Act. 19. Provided however, that the Allottee/Purchaser shall not carry out any alterations of the whatsoever nature in the said Shop/Flat/ Passage/Balcony/Parking area or any place of the said Building/s which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Allottee/Purchaser shall not make any alterations in 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 written consent of the DEVELOPER/BUILDER the defect liability automatically shall become void. 25 20. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the DEVELOPER/BUILDER, and shall not mean defect/s caused by normal wear and tear and by negligent use of Shop/Flat by the Occupants, vagaries of nature etc. 21. That it shall be the responsibility of the Allottee/Purchaser to maintain his Shop/Flat in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his Shop/Flat are regularly filled with white cement / epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the DEVELOPER/BUILDER to the Allottee/Purchaser ends before the defects liability period and such warranties are covered under the maintenance of the said Shop/Flat or Building, and if the annual maintenance contracts are not done / renewed by the Allottee/Purchaser the DEVELOPER/BUILDER shall not be responsible for any defects occurring due to the same. 22. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Shop/Flat/s and the common project amenities wherever applicable. 23. That the Allottee/Purchaser has been made aware and the Allottee/Purchaser expressly agrees that the regular wear and tear of the entire Building includes minor hairline 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 do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. Provided further that any deviation in usage/maintenance of the said Shop/Flat in contravention to User Manual shall amount to default on part of the Allottee/Purchaser towards proper maintenance of the residential cum commercial building and the Allottee/ 26 Purchaser shall not be entitled to claim any compensation against defect liability from the DEVELOPER/BUILDER. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/Purchaser, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the said Building and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. Further the Allottee/Purchaser shall permit the DEVELOPER/BUILDER and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said building or any part thereof to view and examine the state and condition thereof. 24. Howsoever for the purpose of defect liability on towards the DEVELOPER/BUILDER, the date shall be calculated from the date of handing over possession to the Allottee/Purchaser for fit-outs and interior works or within 15 days from the date of intimation of possession of the said Shop/Flat by the DEVELOPER/BUILDER whichever is earlier and that the said liability shall be those responsibilities which are not covered under the maintenance of the said building as stated in this Agreement. That further it has been agreed by the Allottee/Purchaser that any damage or change done within the Shop/Flat sold or in the building / phase / wing done by him/them or by any third person on and behalf of the Allottee/Purchaser then the Allottee/Purchaser expressly absolves the DEVELOPER/BUILDER from the same. 25. The DEVELOPER/BUILDER hereby represents and warrants to the Allottee/Purchaser as follows: i. The DEVELOPER/BUILDER has clear and marketable title with respect to the said Property; as declared in the title certificate /report annexed to this agreement and the DEVELOPER/BUILDER has the requisite rights to carry out development upon the said Property/Project Land and also has actual, physical and legal possession of the said Property for the implementation of the Project; 27 ii. The DEVELOPER/BUILDER 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 said Property 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 said Property or Project; v. All approvals, licenses and permits issued by the competent authorities with respect to the project, said Property 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, said Property and said building/wing shall be obtained by following due process of law and the DEVELOPER/BUILDER has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Property, Building/wing and common areas; vi. The DEVELOPER/BUILDER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee/Purchaser created herein, may prejudicially be affected; vii. The DEVELOPER/BUILDER has not entered into any agreement for sale and/or any other agreement / arrangement orally or in writing with any person or party with respect to the said Property, including the Project and the said Shop/Flat which will, in any manner, affect the rights of Allottee/Purchaser under this Agreement; other than the encumbrances mentioned in Title Report. viii. The DEVELOPER/BUILDER confirms that the DEVELOPER/BUILDER is not restricted in any manner whatsoever from selling the said Shop/Flat to the Allottee/Purchaser in the manner contemplated in this Agreement; 28 ix. At the time of execution of the Conveyance of the structure to the association of Allottee/Purchaser the DEVELOPER/BUILDER shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottee/Purchaser ; x. The DEVELOPER/BUILDER has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent Authorities; 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 DEVELOPER/BUILDER in respect of the said Property and/or the Project except those disclosed in the title report. 26. The Allottee/Purchaser or himself/themselves with intention to bring all persons into whosoever hands the said Shop/Flat may come, hereby covenants with the DEVELOPER/BUILDER as follows :- i. To maintain the Shop/Flat at the Allottee/Purchaser own cost in good and tenantable repair and condition from the date that of possession of the Shop/Flat is taken and shall not do or suffer to be done anything in or to the building in which the Shop/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 Shop/Flat is situated and the Shop/Flat itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Shop/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 Shop/Flat is situated or storing of which goods is objected to by the concerned local or other authority and 29 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 Shop/Flat is situated, including entrances of the building in which the Shop/Flat is situated and in case any damage is caused to the building in which the Shop/Flat is situated or the Shop/Flat on account of negligence or default of the Allottee/Purchaser in this behalf, the Allottee/Purchaser shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Shop/Flat and maintain the Shop/Flat in the same condition, state and order in which it was delivered by the DEVELOPER/BUILDER to the Allottee/Purchaser and shall not do or suffer to be done anything in or to the building in which the Shop/Flat is situated or the Shop/Flat which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/Purchaser committing any act in contravention of the above provision, the Allottee/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 Shop/Flat 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 Shop/Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Shop/Flat is situated and shall keep the portion, sewers, drains and pipes in the Shop/Flat and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Shop/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 Shop/Flat without the prior written permission of the DEVELOPER/BUILDER. 30 v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the said Property and the building in which the Shop/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 Shop/Flat in the compound or any portion of the said Property/Project Land and the building in which the Shop/Flat is situated. vii. Pay to the DEVELOPER/BUILDER within fifteen days of demand by the DEVELOPER/BUILDER, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Shop/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 Shop/Flat by the Allottee/Purchaser for any purposes other than for purpose for which it is sold. ix. The Allottee/Purchaser shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Shop/Flat until all the dues payable by the Allottee/Purchaser to the DEVELOPER/BUILDER under this Agreement are fully paid up. x. The Allottee/Purchaser shall observe and perform all the rules and regulations may adopt and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Shop/Flat 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 and also adhre the bylaws mentioned in Deed of Declaration U/s. 2-a Maharashtra Apartment Ownership Act 1970. The Allottee/Purchaser shall also observe and perform all the stipulations and conditions laid down by the DEVELOPER/BUILDER regarding the 31 occupancy and use of the Shop/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. The Allottee/Purchaser shall not be entitled to claim possession of the said Shop/Flat until the Occupation / Completion Certificate is received from the local authority and the Allottee/Purchaser has paid all dues payable under this Agreement in respect of the said Shop/Flat to the DEVELOPER/BUILDER and has paid the necessary maintenance amount/deposits, GST and other applicable Cess and other taxes payable under this Agreement. xii. That the Allottee/Purchaser shall indemnify and keep indemnifying the DEVELOPER/BUILDER against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non-performance of such obligations given specifically herein to the Allottee/ Purchaser/s. xiii. That any nominated surveyor/architect appointed for specific purposes stated in this covenant the fees of which shall mutually decide by and between the DEVELOPER/BUILDER and the Allottee/Purchaser and the same shall be paid by the Allottee/Purchaser as agreed mutually. xiv. That nothing herein contained shall constitute as entitling the Allottee/Purchaser any right on any of the adjoining, neighbouring or the remaining buildings/common areas etc. of the remaining portion of the proposed project layout unless specifically agreed and consideration dispensed by the Allottee/Purchaser to the DEVELOPER/BUILDER in this regards. xv. That, from the date of possession of Shop/Flat, the Allottee/Shop/Flat Purchaser will be bound to pay all the taxes of local authority and other taxes attributable to the Shop/Flat purchased by him, whether assessed separately or not. Similarly from the date of sale deed or possession whichever is earlier, the Allottee/Shop/Flat Purchaser is liable to pay common maintenance charges without any demur, 32 either he may use or not use the said Shop/Flat personally or through anybody claiming through him. xvi. That the Allottee/Shop/Flat Purchaser will also be liable to pay all the expenses required for the execution and registration of the conveyance deed in his favour. That the purchaser of Shop is liable to pay Rs.______/- and purchaser of Flat is liable to pay Rs.______/- towards one time initial corpus fund for common maintenance deposit, this amount collected and deposit in separate account and DEVELOPER/BUILDER have no concern with the same and in addition to this, the Purchaser is liable to pay monthly contribution of Rs.____________/- without any demur. The DEVELOPER/BUILDER will do common maintenance of the project only for 06 months from the date of first possession handover to any of the purchaser in the project and after 06 Months, all the Allottee/Shop/Flat Purchaser’s shall do the work of maintenance work on their own, even they use or not use the said unit and Owner/Vendor will not be responsible in any manner. 27. The Allottee/Purchaser has inspected the sanctioned plans of the said Building of the said Project and the conditions stipulated therein by the Planning Authority and the Allottee/Purchaser shall not raise any complaint / objections of whatsoever nature and shall abide by the same all time, and after having covenanted to that effect in favour of the DEVELOPER/BUILDER, the Allottee/Purchaser has agreed to purchase the said Shop/Flat from the DEVELOPER/BUILDER. 28. The Aurangabad Municipal Corporation Aurangabad provided potable water in said building at present and also bore well on which motor installed at present sufficent water avilable, in case in future any shortage of water in that situation all the allotees/Purchaser shall make arrangemnt at their own cost. The DEVELOPER/BUILDER shall not be in any way responsible for non-supply or inadequate supply of water to the Project. 29. The Allottee/Purchaser shall not use or permit to be used the said Shop/Flat or any part thereof for any purpose other than 33 purpose as allowed by Planning Authority at the time of sanctioning the plan of the proposed building/s or at any time thereafter. 30. The Allottee/Purchaser shall not let, sublet, transfer, assign or part with the possession of the said Shop/Flat or any part thereof nor shall the Allottee/Purchaser create any lease, lien, mortgage, charge and/or any other encumbrances and/or third party interest in and/or any respect of the said Shop/Flat or any part thereof and/or in respect of any of the rights hereunder conferred upon the Allottee/Purchaser in any manner whatsoever until entire consideration and all dues, taxes and GST at actual etc. payable by the Allottee/Purchaser under this agreement are paid in full and only if the Allottee/Purchaser has/have not committed any breach of any of the term and condition of this agreement and without obtaining previous permission in writing of the DEVELOPER/BUILDER to whom the said Property/Project Land and the said Building thereon may have been leased, assigned or transferred in the manner inter alia hereby envisaged. 31. After the DEVELOPER/BUILDER executes this Agreement he shall not mortgage or create a charge on the said Shop/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 Allottee/Purchaser who has/have taken or agreed to take such Shop/Flat. 32. If the Allottee/Purchaser is purchasing the said Shop/Flat from the DEVELOPER/BUILDER for investment purpose, then the Allottee/Purchaser shall be entitled to sell the said Shop/Flat even during the construction stage to any person of own choice. The DEVELOPER/BUILDER shall issue in his favour necessary No-Objection Certificate to that effect and also shall co-operate the Allottee/Purchaser in that regard, provided i) the Allottee/Purchaser pays entire consideration amount to the DEVELOPER/BUILDER before so selling the said Shop/Flat, and ii) the subsequent Allottee/Purchaser of the 34 said Shop/Flat absolutely consents to abide by all terms and condition of this Agreement and also Deed of Declaration executed by DEVELOPER/BUILDER for all purposes and unconditionally agrees to stand in the shoes of the Allottee/Purchaser . If the Allottee/Purchaser transfers/ assigns the said Shop/Flat in favour of the subsequent Allottee/Purchaser within stipulated period laid down by relevant law/s time being in force the Allottee/Purchaser subsequent Allottee/Purchaser will be entitled to applicable discount, if any, by way of adjustment in the stamp duty payable on the transaction, subject to prevailing provisions of the Maharashtra Stamp Act, 1958. 33. The Allottee/Purchaser prior to the execution hereof has/have perused (a) all the documents under which the DEVELOPER/BUILDER acquired the ownership rights in respective portions of the said Property, (b) all documents under which the DEVELOPER/BUILDER acquired title and ownership rights over the said Property and to sell the Shop/Flat constructed by the DEVELOPER/BUILDER in the course of such development of the said Property and (c) all the orders, permissions and/or sanctions granted by the diverse authorities for such development of the said Property and are satisfied with the legality and adequacy of the same. 34. The Builder/Developer shall maintain a separate account in respect of sums received by the Builder/Developer from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 35. The DEVELOPER/BUILDER hereby declares that as per the prevailing Development Control Regulation the total FSI in respect of the said Property is admeasuring _____ Sq.Mt., Purchased TDR ______ Sq.Mt. and recived FSI _____ Sq.Mt. in respect of area affected in 15 Meter DP Road and DEVELOPER/BUILDER as per permission granted by Collector Aurangabad consumed FSI admeasuring _____ Sq.Mt. 35 36. The Allottee/Purchaser shall use the Shop/Flat or any part thereof or permit the same to be used only for purpose of commercial as well residence only. He shall use the parking space only for purpose of keeping or parking vehicle only. 37. The all the Allottee/Purchaser shall join in forming and registering the Association or Society or maintainance society to or some such name as the DEVELOPER/BUILDER may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the DEVELOPER/BUILDER within seven days of the same being forwarded by the DEVELOPER/BUILDER to the Allottee/ Purchaser, so as to enable the DEVELOPER/BUILDER to register the common organisation of Allottee/Purchaser. No objection shall be taken by the Allottee/Purchaser if any changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association or Deed of Declaration as may be required by the Registrar of Co- operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 38. As mentioned herein above, a single Association or Co- operative Housing Society shall be formed and registered for the building as and when required. The DEVELOPER/BUILDER shall submit the application to the Registrar for registration of the Co-operative Housing Society under the Maharashtra Co- operative Societies Act, 1960 within three months from the date on which fifty one per cent of the total number of Allottee/Purchaser in such a Shop/Flat have booked this Shop/Flat. 39. The DEVELOPER/BUILDER shall execute conveyance in respect of the entire undivided or inseparable land underneath all building, in favour of a Co-operative Housing Society if needed, on or before ______/____/20 subject to force majeure or the circumstances beyond the control of the 36 DEVELOPER/BUILDER and also subject to reasonable extension and also subject to the Rights of the DEVELOPER/BUILDER to dispose off the remaining Shop/Flat ’s, if any, Provided that, after conveying the title to the association of Allottee/Purchaser as mentioned in above, the DEVELOPER/BUILDER shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot any Shop/Flat or building which is still not sold or allotted and shall be allowed to do so by the Co-operative Housing Society without any restriction on entry of the building and development of common areas: Provided further that, in such case, the DEVELOPER/BUILDER shall be permitted the entry of premises of the building and common areas to also discharge his obligations to rectify the defects as mentioned here in above. 40. Under no circumstances, the Allottee/Purchaser or the organization of the Allottee/Purchaser shall be entitled to such conveyance, unless all or any money payable in the agreement or as may be otherwise agreed, by the Allottee/Purchaser including in their share of contribution in maintenance charges either to the DEVELOPER/BUILDER or to any other agencies or authorities, is actually paid by such Purchaser/ organization of purchasers, All expenses relating to such conveyance such as stamp duty, registration fees and other incidentals shall be borne and paid exclusively by the Allottee/Purchaser only. 41. The Conveyance of Title as envisaged under the Real Estate (Regulation and Development) Act, 2016 and rules there under in respect of the said Shop/Flat shall be as under :- 1. The said Project shall be known and called as “AMRUT SAI JAI’S EKDANT”. 2. This Agreement shall always be subject to the provisions of the Real Estate (Regulation and Development) Act, 2016 and The Maharashtra Apartment Ownership Act 1970 and rules there under. 3. That DEVELOPER/BUILDER after completion of the said Project as per provisions of the The Maharashtra Apartment 37 Ownership Act 1970, the promoter will form and register Association or Co-operative society. The Allottee/Purchaser shall observe rules and regulations of the Society. 4. The amenities/facilities, common areas and rights of ways et cetera as enlisted in Annexure-I shall be enjoyed by all the Allottee/Purchaser of said Project jointly, unless the DEVELOPER/BUILDER has provided otherwise. After completion of the said Project the common areas and amenities/ facilities as enlisted in the Annexure-I shall be handed over by the DEVELOPER/BUILDER Allottee/Purchaser and they shall maintain the same. The cost of stamp duty and registration fees and other incidental costs in this regard shall be borne by the respective Shop/ Flat/ Allottee/ Purchasers. 5. Under no circumstances, the Allottee/Purchaser shall be entitled to such conveyance, unless entire amount of total consideration or any other amounts of money payable under this Agreement or as may be otherwise agreed, by the Allottee/Purchaser either to the DEVELOPER/BUILDER or to any other agencies or authorities are actually paid by the Allottee/Purchaser . 42. The DEVELOPER/BUILDER shall give membership of the Allottee/Purchaser only on receiving entire consideration and/or other dues and deposits from him. Further the Allottee/Purchaser shall sign necessary forms, papers and documents as per the direction of the DEVELOPER/BUILDER as and when required by the DEVELOPER/BUILDER. 43. The Allottee/Purchaser shall on or before delivery of possession of the said Shop/Flat keep deposited and paid with the DEVELOPER/BUILDER, the following amounts:- (i) Rs. _________/- for share money, application entrance fee of the Society or condominium or Limited Company/Federation/ Apex body. (ii) Rs. _________/- for formation and registration of the Society or condominium or Limited Company/Federation/ Apex body. 38 (iii) Rs.________/- for proportionate share of taxes and other charges/levies in respect of the Society or condominium or Limited Company/Federation/ Apex body. (iv)Rs. _________/- for electric connection, infrasrcture, meter charges, cabling as well sub-station to be provided in said project formation. (v) The Allottee/Purchaser shall pay to the DEVELOPER/BUILDER a sum of Rs. ___________________ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the DEVELOPER/BUILDER in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye- laws and the cost of preparing and engrossing the conveyance or assignment of lease. (vi) That the purchaser of Shop is liable to pay Rs.______/- ans purchaser of Flat is liable to pay Rs.______/- on account of corpous amount towards common maintenance charges payable within 15 days from the date of letter of offering possession of the said Shop/Flat to meet the common expenses i.e. common taxes, fees, electricity charges, all AMCs, sanitary and other utility services, garden and other services and amenities of the said Property / Project Land and in the building/s standing thereon and the said Property /Project Land including remuneration, salaries and wages of watchmen, supervisors, sweepers, gardeners and other persons that may be employed for the aforesaid purposes or any of them and in respect thereof and the Allottee/Purchaser shall not withhold any payment of the amount demanded by the DEVELOPER/BUILDER under this clause on any ground whatsoever. The Allottee/Purchaser hereby admits that aforesaid amount of maintenance is only indicative amount and actual amount that may be demanded by 39 the DEVELOPER/BUILDER may differ. In case actual expense exceeds the estimate the DEVELOPER/BUILDER shall be entitled to demand additional amount towards such short fall. The Allottee/Purchaser admit/s and confirm/s that he/she/they will be punctual for paying contribution of maintenance charge amount to DEVELOPER/BUILDER or. The Allottee/Purchaser shall not be entitled to any interest on sums so paid. 44. It is explicitly and irrevocably agreed, by the Allottee/Purchaser that this purchase by the Allottee/Purchaser is as Joint Tenants and not Tenants in common. Hence, in the event of death of any of the Allottee/Purchaser on receipt of intimation thereof with required evidencing documents, by the Joint Allottee/Purchaser, the name of such deceased Allottee/Purchaser shall be deleted and the ownership shall completely vest exclusively with Joint Allottee/Purchaser and to exclusion of any other heirs of such deceased Allottee/Purchaser . However it is explicitly made clear that if any claimant other than the executants in this Agreement claims, rights, title and interest in the said Shop/Flat then it is the sole responsibility of the remaining Co-Allottee/Purchaser to settle dispute/disagreement in respect of this covenant and same has to be settled at the cost of the remaining Co- Allottee/Purchaser. The DEVELOPER/BUILDER is not responsible in any manner whatsoever for cost & consequence. 45. Any delay tolerated, indulgence shown by the DEVELOPER/BUILDER in enforcing the terms of this Agreement or for any forbearance or giving of time to the Allottee/Purchaser by the DEVELOPER/BUILDER shall not be considered or construed as a waiver on the part of the DEVELOPER/BUILDER of any breach or non-compliance of any of the terms and conditions of this Agreement by the Allottee/Purchaser nor shall the same in any manner prejudice the rights of the DEVELOPER/BUILDER. 40 46. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Shop/Flat or of the said Property and Building/s or any part thereof. The Allottee/Purchaser shall have no claim save and except in respect of the Shop/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 DEVELOPER/BUILDER, until the conveyance is made in favour of the society, as envisaged hereinbefore. It is further certifies that the Developer/Builder already submitted this project “AMRUT SAI JAI’S EKDANT” to Apartment Ownership Act 1970 by executing Deed of Declaration U/s. 2 A of said act, as per provisions of 10 (2) Maharashtra Ownership Flat (Regulation of the promotion of. 3. construction, sale, management and transfer) Act, 1963, If any property consisting of building or buildings is constructed or to be constructed 2 [and the promoter submits such property to the provisions of the Maharashtra Apartment Ownership Act, 1970, by executing and registering a Declaration as provided by that Act] then the promoter shall inform the Registrar as define in the Maharashtra Co- operative Societies Act, 1960, accordingly; and in such cases, it shall not be lawful to form any co- operative society or company. In view of these legal position the DEVELOPER/BUILDER if necessary will execute conavaynce if favour of propose Association or society or apexboday as and when required. 47. The Allottee/Purchaser shall not any time demand partition of his/her/their interest in the said Shop/Flat and/or in the said Property/ Building prior to the conveyance as envisaged herein and it is hereby agreed and declared that the interests of the Allottee/Purchaser in the said Shop/Flat and/or in the said Property / Building are impartible and it is agreed that the DEVELOPER/BUILDER shall not be liable to execute and/or cause to be executed any conveyance or any other document in respect of the said Shop/Flat in favour of the Allottee/Purchaser except as is herein expressly provided. 41 48. All direct and indirect taxes as imposed/ to be imposed by the government, semi-government, local authorities, any statutory body, et cetera in respect of the said Property / Building and/ or the said Shop/Flat and/ or this Agreement and/ or this transaction shall be borne and paid exclusively by the Allottee/Purchaser . The Allottee/Purchaser hereby undertake to indemnify and keep the DEVELOPER/BUILDER indemnified all the time and keep the DEVELOPER/BUILDER harmless from all losses that may be suffered by the DEVELOPER/BUILDER on account of non-payment and/ or delayed payment inter alia of maintenance charges, contributions, taxes, levies, outgoings et cetera and other defaults, or any breach of terms and conditions of this Agreement on part of the Allottee/Purchaser. 49. By reasons of any judgment of court of law or amendment to the constitution or enactment or amendment of any other Central or State Laws at present in force or under law(s) that may come in force in future, if the transaction under this Agreement is held liable now or any time in future, to taxes such as GST et cetera under concerned Acts/Rules/ Legislations et cetera, as a sale or otherwise, either wholly or in part any inputs or material or equipments used or supplied in execution or in connection with this transaction, such taxes shall be exclusively payable by the Allottee/Purchaser on demand at any time without rendering either the DEVELOPER/BUILDER and/or the Owner/Consenting Party No.1 liable in this behalf in any manner whatsoever. In such an event the DEVELOPER/BUILDER shall have the right to recover/collect, such tax(es), duties by the Allottee/ Purchaser. 50. The Allottee/Purchaser hereby agrees that till the management of the said Building of the said Project is handed over to all the Allottee/Purchaser participating in the said Project, the DEVELOPER/BUILDER shall be entitled to look after day to day maintenance of the said Project/Building to be constructed on the said Property up to 06 Months from handingover 1st possession of Shop/Flat. 42 51. The Allottee/Purchaser has willingly participated in the said Project of the DEVELOPER/BUILDER and Allottee/Purchaser shall pay to the DEVELOPER/BUILDER the agreed total consideration and other deposits or outgoings punctually and diligently. The Allottee/Purchaser hereby indemnify the DEVELOPER/BUILDER from all losses that may be incurred by the DEVELOPER/BUILDER on account of such non/delayed payment and Allottee/Purchaser hereby indemnify to keep the DEVELOPER/BUILDER harmless and free from such losses. 52. The DEVELOPER/BUILDER shall not be responsible for the consequences arising out of change in law or change in Municipal and other law, rules, regulations etc. 53. All notices to be served on the Allottee/Purchaser in connection with this Agreement shall be deemed to have been duly served on the Allottee/Purchaser if sent to any one of the Allottee/Purchaser by Registered Post/ Speed Post / E- mail at following address: Name & Address of Allottee/Purchaser :- ________________________________ ________________________________ ________________________________ ________________________________ Notified Email ID: ______________________________ 54. All notices to be served on the DEVELOPER/BUILDER in connection with this Agreement shall be deemed to have been duly served on the DEVELOPER/BUILDER if sent by Registered Post/ Speed Post at their following address: Name of DEVELOPER/BUILDER :- M/s. Amrut Developers, A Partnership Firm, registered under the Indian Partnership Act 1932, having its principal place of business at Labh Chambers, Station Road, Aurangabad. Notified Email ID: amrut.developers@gmail.com 43 It shall be the duty of the Allottee/Purchaser and the DEVELOPER/BUILDER to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the DEVELOPER/BUILDER or the Allottee/Purchaser, as the case may be. Further, that in case there are Joint Allottee/Purchaser all communications shall be sent by the DEVELOPER/BUILDER to the Allottee/Purchaser whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottee/Purchaser . 55. The Allottee/Purchaser shall pay adequate stamp duty, registration charges and present this Agreement as well as Sale Deed at proper registration office within the time limit prescribed by the Registration Act and the Allottee/Purchaser and the DEVELOPER/BUILDER shall attend such office and admit execution thereof. 56. In case the Allottee/Purchaser mortgages the said Apartment to any financial institution it shall be the sole responsibility of the Allottee/Purchaser herein to handover the original Agreement or any final document of the said Apartment as and when executed and registered to the financial institution. The Allottee/Purchaser agree to do so without holding the DEVELOPER/BUILDER responsible for the same and not to deal with the said Apartment without prior permission and consent of the financial institution during pendency of the charge. 57. This Agreement, along with its schedules and annexure, 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 Shop/Flat. 58. It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the 44 obligations arising hereunder in respect of the said Project shall equally be applicable to and enforceable against any subsequent Allottee/Purchaser of the said Shop/Flat, in case of a transfer, as the said obligations go along with the said Shop/Flat for all intents and purposes. Further, the Allottee/ Purchaser/s agree that they shall not object to any easement rights that need to be given to any person in and around the said Project and shall neither object to any such proceedings of land acquisition undertaken by the a government agency including any compensation/benefit given to the DEVELOPER/BUILDER in turn for which no conveyance has occurred to the ultimate body of Shop/Flat Allottee/Purchaser expressly stated in this Agreement and for which no consideration is specially dispensed by the Allottee/Purchaser to the DEVELOPER/BUILDER for the same; save and except his right to enjoy and use the Apartment purchased by him and any other rights given by the DEVELOPER/BUILDER to the Allottee/Purchaser for which consideration has been dispensed. 59. 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. 60. Wherever in this Agreement it is stipulated that the Allottee/Purchaser has to make any payment, in common with other Allottee/Purchaser in said Project, the same shall be in proportion to the carpet area plus enclosed balcony area (if any) of the said Apartment to the total carpet area plus total balcony area (if any) of all the Apartments of the said Project, such area is called as Sharing area. 45 61. 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. 62. Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be referred to the Real Estate Regulatory Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 63. That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the ‘Aurangabad courts’ will have the jurisdiction for this Agreement. 64. This Agreement may only be amended through written consent of the Parties. 65. The DEVELOPER/BUILDER has handed over Search Report and Title Opinion to the Allottee/Purchaser separately as per provisions of the said Act and the contents of the said Search Report forms part and parcel of this Agreement. 66. The cost of Stamp Duty, Registration fees and other incidental and ancillary cost in respect of this Agreement have been as agreed, exclusively borne and paid by the Allottee/Purchaser. SCHEDULE “A” That all the part and parcel of the Property CTS No. 14813 totally admeasuring 11860.5 Sq.Mt., out of which to the extent of 1782.74 Sq.Mt., along with additional FSI 986 Sq.Mt., Sheet No. 13 and after Sub-Division CTS No. 14813/121 situated at Pannalal Nagar, Aurangabad bounded by : 46 Towards East : 24.00 mtrs Wide Road. Towards West : Sr No. 52, Land of Mr. Suresh Mutha Towards North : 15.00Mtrs wide DP Road. Towards South : Sr No. 52, Land of Mr. Suresh Mutha SCHEDULE- B All that part and parcel of Shop/Flat bearing No. ________, admeasuring ___________ Sq.Mtrs. Carpet area on ________ Floor. in “AMRUT SAI JAI’S EKDANT” (Undivided % In Common area _____ %) as a unit consisting Two Rooms and WC, Bath constructed on above property, bounded by: TOWARD EAST :- TOWARD WEST :- TOWARD SOUTH :- TOWARD NORTH :- IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE AND AT THE PLACE HEREIN BEFORE FIRST MENTIONED HERE IN UNDER AT AURANGABAD OWNER M/S NISHA CONSTRUCTION through its partner :- 1. Mr. Raju Lekhraj Tanwani 2. Mr. Balaji Chandrabhan Patil DEVELOPER/BUILDER M/s. Amrut Developers Through its partner:- Mr. Vijay Ramdas Sakkarwar 47 ALLOTTEE/PURCHASER WITNESSES :- 1. AGE. OCC. R/O. 2. AGE. OCC. R/O. LIST OF ANNEXURE,S ANNEXURE – A Copy of detailed Title Cum Serach repoart isuued by Advocate Anil P Malani in respect of Property CTS No. 14813 totally admeasuring 11860.5 Sq.Mt., out of which to the extent of 1782.74 Sq.Mt., along with additional FSI 986 Sq.Mt., Sheet No. 13 and after Sub-Division CTS No. 14813/121 situated at Pannalal Nagar, Aurangabad. ANNEXURE –B Copy of PR card of Property CTS No. 14813 totally admeasuring 11860.5 Sq.Mt., out of which to the extent of 1782.74 Sq.Mt., along with additional FSI 986 Sq.Mt., Sheet No. 13 and after Sub-Division CTS No. 14813/121 situated at Pannalal Nagar, Aurangabad. ANNEXURE –C Copy of Sanctioned Building Permission obtained from Aurangabad Municipal Corporation, Aurangabad. ANNEXURE – C-1 48 Copy of Index-II of registered Deed of Declaration U/s. 2-a of Apartment ownership Act 1970. ANNEXURE -D Copy of Part Plan/Floor Plan in respect of Shop/Flat agreed to purchase under this agreement of sale. ANNEXURE –E List of Specification of construction of Apartment Building as well common area and faclilities including brand and specification etc. ANNEXURE -F Copy of the Registration Certificate issued in respect of residential cum commercial Apartment granted by The Real Estate Regulatory Authority. ANNEXURE -G List of items that would be covered as maintainance of project, which is not covered under defect laiblity. ANNEXURE-H List of Common Amenties to be given in said project. RECEIPT/ACKNOWLEGEMENT Received of and from the Allotee/Purchaser Mr._________________ the sum of Rs.__________/- on booking as well on execution of this agreement towards earnest money deposit or application fees. I received all documents. I Received amount. Mr. Mr. Vijay Ramdas Sakkarwar Allottee/Purchaser. M/s. Amrut Developers DEVELOPER/BUILDER. 49 WITNESSES :- 1. Mr. AGE. OCC. R/O. 2. Mr. AGE. OCC. R/O. ALLOTMENT LETTER Date: __/__/_____ To, Mr./Mrs. R/o. PAN No. AAdhar no. Mobile no. Sub: Allotment of Flat No. ______on ________Floor in ______ Building in Amrut Sai Jai’s Ekdant. Dear Sir/Madam This is to confirm that the initial payment of Rs. ________/- (Rs. ____________ only) by chequeno. __________ dated ____________ bank name ______________, out of total considerationamount of Rs. ________/- (Rs. ______________ only) is being received from you against Flat No._____on _____ floor at our site Amrut Sai Jai’s Ekdant constructed on property CTS No. 14813/121 totally admeasuring 1782.74 along with additional FSI 986 sq. mt. Situated at Paannalal Naar, Osmanpura, Aurangabad, within the local limits of Aurangabad Municipal Corporation, Aurangabad, The terms and conditions of booking of the unit are defined asper agreement of sale. All the terms and conditions will be binding on the customer as peragreement of sale. Following are the details of the charges that will be payable by you in addition to the abovementioned charges. Other Charges :- 1. 1. Maintenance charges: All that the all flat purchasers are bound to pay society formation & one year maintenance charges in advance i.e. Rs.75,000/- (Rs. 15,000/- for society formation & Rs. 60,000/- for daily maintenance of the building) 2. That the all-flat Purchasers are bound to pay Rs.5,000/- (Five thousand only) per month toward cuprous fund, which is separately deposited in maintenance account. 2. Infrastructure charges of lump sum Rs. 75,000/- (Rs. Seventy ixty Five Thousand only) against the MSEDCL, Water, Documentation Fees, ETC. 3. Stamp Duty, Registration Charges, GST and any other taxes charged extra applicable from time to time. We hereby congratulate and thank you for being the part of the Amrut Group. Welcometo the group. Regards Mr. For M/s. Amrut developers Disclaimer:- Price list, above charges and payment plan can be changed without notice, and at the sole discretion of the company.