AGREEMENT TO SALE Zone No - 27.1 Rate per Sq.Mtr. Rs. 24000/- GOVERNMENT VALUATION FOR THE PURPOSE OF THIS AGREEMENT Rs……………../- AMOUNT OF ACTUAL CONSIDERATION Rs. ……………./- Agreement To Sale of Future Immovable Property (Residential Apartment/Flat) This Agreement To Sale is made and executed at Aurangabad on this …… day of …… in the Year ……. BETWEEN M/s. Sai Shraddha Construction and Developers ( PAN- ADQFS 8434 F ) A partnership firm having its registered office at Shop No.14, Plot No.79,Golden City Center, Near Prozone Mall, API Corner, Aurangabad-431001. through its partners : 1) Mr. Sajansing S/o Motilal Jarwal, (PAN- AQTPJ 7406 Q) Age : 30 years, Occ. : Business, R/o. Warzadi, Gangapur, Dist. Aurangabad – 431002. 2) Mr. Pratik S/o Shriram Rathod, (PAN- AYPPR 5019 K) Age :27 years, Occ. : Business, R/o. P-21, Bhushan nagar,Garkheda, Aurangabad – 431001. Hereinafter referred to as THE PROMOTER [which expression unless repugnant to the context or meaning thereof shall mean and include its partners for the time being constituting the firm their respective heirs, executors, administrators and assigns] ....... OF THE FIRST PART AND Mrs. …………………………………… Age: …..Years,Occu: -………. UID:…………………………… Mr. ……………………………………. UID:…………………………… Age:-…… Years, Occu: -…….. Add: - ………………………… ………………………………… Hereinafter shall be referred to as the “ALLOTTEE’S” (Which expression shall, unless repugnant to context or meaning thereof mean and include his/here/their legal heirs, executors and approved assigns/ nominees only) ….. PARTY OF THE SECOND PART 2 AND Sow. Pushpa W/o Jagdish Yedlawar (UID :6984 1749 8682) Age :46 years, Occup. : Household R/o: Bunglow No. 06, Disha Sanskruti, Paithan Road, Itkheda, Aurangabad-431002. M/s. Sai Shraddha Construction and Developers A partnership firm having its registered office at Shop No.14, Plot No.79,Golden City Center, Near Prozone Mall, API Corner, Aurangabad-431001. through its partners : 3) Mr. Sajansing S/o Motilal Jarwal, (PAN- AQTPJ 7406 Q) Age : 30 years, Occ. : Business, R/o. Warzadi, Gangapur, Dist. Aurangabad – 431002. 4) Mr. Pratik S/o Shriram Rathod, (PAN- AYPPR 5019 K) Age :27 years, Occ. : Business, R/o. P-21, Bhushan nagar,Garkheda, Aurangabad – 431001. (vide registered GPA No.AGG-1-2239 dated 19.05.2018) Hereinafter referred to as THE CO-PROMOTER or CONSENTING PARTY (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include her legal heirs, successors, executors and administrators and assignees in interest). ….. PARTY OF THE THIRD PART LIST OF SCHEDULES AND ANNEXURS Sr. Annexure Description Sr. Schedul Description No. No. e 1. A Commencement certificate 1. I Said plots 2. B N.A.order 2 II Said Apartment/Flat 3. C Property 7/12 extract 3 III Development work of Project/ Common areas & 4. D TitleCertificate facilities 5. E Current Sanction Layout 4 IV Specifications of the said Flat 6. F Sanctioned Floor Plan 5 V Payment Schedule 1. Title History:- 1.1 WHEREAS, Sow. Pushpa W/o Jagdish Yedlawar has purchased plot No. 24 (more particularly described in Schedule-I)having area 934.65 Sq.M out of Non-Agreeculchral land in Gat No.47 of Golwadi, Tq. & Dist. Aurangabad from Mr. Prashant Sundarlal Kalamkar under the registered sale deed No. AGG-6- 412 dated 27.01.2009 executed by Mr. Prashant Sundarlal Kalamkar in favor of Sow. Pushpa Jagdish Yedlawar.(hereinafter referred to as the demised plot) 3 AND WHEREAS mutation entry No.716 dated 16.06.2011 approved by the competent authority on 16.06.2011 has been taken in record of rights by the talathi of sajja Golwadi-Kanchanwadi in favour of Sow. Pushpa Jagdish Yedlawar, in respect of Plot No.24, totally admeasuring 934.65Sq.M situated at Gat No.47, village Golwadi, Nagar-IV, Waluj Mahanagar, CIDCO, Aurangabad. AND WHEREAS 7/12 extract dated 07.03.2018 issued by the MAHA-E-SEVA KENDRA (CSC), N-7, CIDCO, Aurangabad, show the name of Sow. Pushpa Jagdish Yedlawar, in ownership column mutated vide mutation entry No.716 in respect of Plot No.24 totally admeasuring 935.00 Sq.M situated at Gat No.47, village Golwadi, Nagar-IV, Waluj Mahanagar, CIDCO, Aurangabad. Accordingly the name of plot owner Sow. Pushpa Jagdish Yedlawar has been recorded in the record of rights. 1.3 COMMENCEMENT CERTIFICATE :- AND WHEREAS Construction Permission NoCIDCO/ SP(NT)/ BP/WLJ/ 2018 (BP)/ 16 dated 02.05.2018has been issued by the CIDCO in favour of Sow. Pushpa Jagdish Yedlawar in respect of Plot No.24 admeasuring 934.65 Sq.M situated at Gut No.47, village Golwadi, Nagar-IV, CIDCO Waluj Mahanagar, Aurangabad. The plot is more particularly described in the SCHEDULE-I, written hereunder shall be referred to as the “demised plot”, copy of whichare annexed herewith as “Annexure-A”. 1.4 N.A.PERMISSION :- AND WHEREAS N.A.Order No.2008/MASHA/JAMIN 1/AKRISHI/80/2008 dated 18.06.2008, has been issued by the Collector, Aurangabad in respect of land admeasuring 62100.00 sq.mtrs., situated at Gat No.47, village Golwadi, Nagar-IV, Waluj Mahanagar, CIDCO, Aurangabad.“Annexure-B”. 1.5 RECORD OF RIGHTS :- The name of owner/Co-promoter Sow. Pushpa Jagdish Yedlawar has been recorded in the record of rights in respect of the said property vide Mutation Entry No. 716 dated 16.06.2011 and 7/12 extract is attached to this Agreement to Sale as Annexure-C. AND WHEREAS a registered Development Agreement bearing document No.AGG-1-2238 dated 19.05.2018 has been executed by the plot owner Sow. Pushpa Jagdish Yedlawar in favour of developer M/s. Sai Shraddha Contruction & Developers Through its Partners 1) Shri. Sajansing Motilal Jarwal 2) Shri. Pratik Shriram Rathod for development of the demised plot. AND WHEREAS a registered Irrevocable General Power of Attorney bearing document No.AGG-1- 2239 dated 19.05.2018 has been executed by the plot owner Sow. Pushpa Jagdish Yedlawar in favour of developer M/s. Sai Shraddha Contruction & Developers Through its Partners 1) Shri. Sajansing Motilal Jarwal 2) Shri. Pratik Shriram Rathod for development of the demised plot & Sale of their share in the said project. AND WHEREAS registered Deed of Declaration No.AGG-1-3396 dated 16.07.2018 has been executed by M/s. Sai Shraddha Contruction & Developers Through its Partners 1) Shri. Sajansing Motilal Jarwal 2) Shri. Pratik Shriram Rathod in respect of flatted building known as SAI RESIDENCY being constructed on Plot No.24 admeasuring 934.65 sq.mtrs., situated at Gat No.47, village Golwadi, Nagar-IV, Waluj Mahanagar, CIDCO, Aurangabad. AND WHEREAS The Promoter is entitled and enjoined upon to construct buildings on the demised plot in accordance with the recitals hereinabove and The Promoter is in possession of the demised plot. 4 1.6 AND WHEREAS plot No.24, admeasuring 934.65 sq.mtrs.,situated at Gut. No.47, village Golwadi, WalujMahanagar-IV, Taluka and District Aurangabad owned by Sow. Pushpa Jagdish Yedlawar and Develop by M/s Sai Shraddha Contruction & Developers, hereinafter referred to as “said plot” are more particularly described in Schedule-I. 1.7 TITLE SEARCH REPORT :- AND WHEREAS the Promoter engaged the services of licensed Advocate Shri.Vinod E Navhate (Registration No.MAH/3110/04), and has obtained Certificate dated 09.10.2018 stating that the said plot are free from all encumbrances and the promoter has clear and marketable title. The report is annexed herewith as “Annexure-D”. 1.7 FINAL LAYOUT SANCTION/PERMISSION :- AND WHEREAS Final Layout/Development Permission No.CIDCO/SP(NT)/BP/WLJ/1010 dated 18.10.2008 has been issued by the CIDCO in respect of plots 4,5,6,7,9,24,29, 30,31,32,33,34, 37,38,39, 40,41 & 42 situated at Gat No.47, village Golwadi, Nagar-IV, Waluj Mahanagar, CIDCO, Aurangabad.“Annexure-E”. 2. TITLE OF THE PROMOTER:- 2.1 AND WHEREAS by virtue of the Development Agreement / Power of Attorney the Promoter has sole and exclusive right to sell the Apartments in the said buildings to be constructed by the Promoter on the demised plot and to enter into Agreement/s with the ALLOTTEE’S(s)/s of the Apartments to receive the sale consideration in respect thereof. 3. URBAN LAND CEILING:- 3.1 AND WHEREAS the said plots do not come within the territory of Aurangabad Urban Land Agglomeration and therefore provisions of Urban land (ceiling & Regulation) Act, 1976, are not applicable. 4. REAL ESTATE PROJECT:- 4.1 NAME:-“SAI RESIDENCY” (Hereinafter referred to as the “Project). 4.2 ADDRESS :- On plot No. 24 Situated at Gat No.47, village Golwadi, Taluka and District Aurangabad. 4.3 ARCHITECT& CONSULTING ENGINEER :- AND WHEREAS the Owner/Promoter has appointed Ar. Saurabh Mirkute as Architect of the project who is duly registered with the Council of Architects, along with Consulting Engineer Ar. Saurabh Mirkute. 4.4 STRUCTURAL ENGINEER:- AND WHEREAS the Promoter has also appointed the Structural Engineer Mr. Pramod Mote having their office at Shankara Residency, Ulkanagari, Aurangabad for structural designs and drawings of the building/s and the promoters shall accept professional supervision of the Architects and the Structural Engineers till the completion of the building. 5 4.5 CURRENT SANCTION OF PROJECT :- AND WHEREAS based on the commencement certificate mentioned in above clause 1.3 above, following building are currently sanctioned: There is 1 Building : Building : Ground Floor having 2 flat. Stilt First Floor having 4 flat. First Floor having 2 flat. Stilt Second Floor having 4 flat. Second Floor having 2 flat. Stilt Third Floor having 2 flat. Hereinafter refereed as “building” 4.6 FUTURE POTENTIAL OF PROJECT:- AND WHEREAS, there is possibility of getting additional F.S.I in future in the form of either paid F.S.I., premium F.S.I. In case additional F.S.I/ T.D.R. is sanctioned by the local authority to be used in the project, the promoter will apply for revision of building plans and the proposed plans may contain more buildings/flats. The promoter may revise the building plan as and when required till the entire present & future FSI/ Premium paid FSI/ Paid FSI/ TDR/ etc. is utilized anywhere in the said plot totally admeasuring area 934.65 Sq. Mtrs. Here by Allotee’s has agreed for that. ------------------------- (SIGNATURE OF THE ALLOTTEE) 5 COMPLIANCE OF REAL ESTATE [REGULATION & DEVELOPMENT ACT,2016 5.1 AND WHERES the Real Estate (Regulation & Development) Act, 2016 has come into force since 01/05/2017. The promoter has registered “SAI RESIDENCY” vide Registration No. …………………. Consisting Building :- Building : 4 Floors. With the authority within the stipulated period of time and in accordance with rules published on 20/04/2017 by the Government of Maharashtra. 5.2 COMMON AMENITIES:- AMENITIES / UTILITIES / SERVICES :- All below listed amenities/ Utilities/ Services are common for all the building of the entire project :- Common areas and facilities for the flat owners will be as under. a. RCC structure of the building pertaining to flatted building. b. Parking area as shown in approved construction plan for flats. c. Common staircase of flats. 6 d. Top terrace of flatted building is common terrace for the flat owners subject to clause 24 mentioned above. e. Underground water tank and electric motor installed thereon for flats. However, electricity connection will be obtained by the Association of Flat Owners at their own costs and expenses. f. Overhead tank and boring with electric motor thereon. g. Plumbing network through out the flatted building. h. Electric wiring network through out the flatted building.``` i. Electric meter through which the electricity is supplied to the electric motors installed on the underground water tank, one bore well with electric pump set. However, electricity connection will be obtained by the Association of Flat Owners at their own costs and expenses j. Entire outer compound wall of condominium. The common facilities of flatted building will be maintained separately out of the common funds or subscription collected from the unit holder of the building. The common parking areas are marked on the drawing attached to the Construction Permission granted by the CIDCO, Aurangabad. 5.3 The Promoter shall have right to utilize entire existing infrastructure and facilities provided in the said “SAI RESIDENCY” project for the construction work and completion of other works like laying of drainage line, water line, or electrical line etc. of the other project/s. The ALLOTTEE’S/s is aware of this and has agreed to and given his / her/their irrevocable consent for the same. The ALLOTTEE’S shall not obstruct in any manner activities of Promoter. 5.4 Though the Promoter herein has right to develop the said plots and the Promoter has decided to carry out construction of flats and the said flat is only subject matter of this Agreement which is more particularly described in Schedule-II hereunder written and plan annexed. The ALLOTTEE’S is concerned with said flat only. 5.5 There shall be common facilities in the project and the same are described in the Schedule-III hereunder written. Each ALLOTTEE’S will have proportionate undivided share in the common facilities and the respective plot. 5.6 As stated above for the purpose of organizing maintenance of the common facilities a co- operative society or any other legal entity will be formed by the Promoter as settler wherein all ALLOTTEE’S’s will be beneficiaries/members. The bye laws and its rules and regulations shall be decided by the Promoter herein and the same shall be binding on the ALLOTTEE’S’s. 5.7 TIMELINES FOR PROJECT:- AND WHEREAS the Promoter has commenced the construction of the Project and the expected date for completion of is 31.12.2020 5.8 DEFINITION OF CARPET AREA, BALCONY AREA TERRACE AREA AND COMMON AREAS:- AND WHEREAS for the purpose of this agreement following areas are defined :- CARPET AREA: As per subsection (k) of Section 2 of the Real Estate (Regulation & Development) Act, 2016, Carpet area of the apartment is defined as the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony and exclusive open terrace area but includes the area covered by the internal partition walls of the apartment. Carpet area is shown separately in Schedule-II. 7 BALCONY AREA:-For the purpose of this agreement the balcony area as shown in the sanctioned building plans by the local authority. Balcony area is shown separately in Schedule-II. OPEN TERRACE AREA: For the purpose of this agreement open terrace area is defined as balcony/ enclosed balcony area as shown in the sanctioned building plans by the local authority. Balcony area is shown separately in Schedule-II. COMMON AREAS:-As per subsection (n) of Section 2 of the Act, common areas are defined as entire land, staircases, lobbies, entrances, top terraces, open spaces, open parking areas, area under internal roads and services, water tanks etc. This common area will be calculated for the entire project and will be divided proportionately over the number of apartments/units in the project to arrive at proportionate common area of each apartment. 5.9 INSPECTION OF ALL DOCUMENTS BY ALLOTTEE’S:- AND WHEREAS on demand from the ALLOTTEE’S, the Promoter has given inspection to the ALLOTTEE’S of all documents of title relating to the project land and plans, designs & specification prepared by the project as specified under The Real Estate Regulations made there under. ------------------------------------------------------ SIGNATURE OF ALLOTEE”S (ALL DOCUMENTS PERTAINING TO THE PROJECT HAVE BEEN INSPECTED BY ME) 5.10 DISCLOSURE REGARDING LITIGATION :- AND WHEREAS the Promoter hereby declares that there is no civil/ criminal case pending in respect of the said plots. 5.11 DISCLOSURE REGARDING MORTGAGES/ CHARGE BY FINANCIAL INSTITUTION:- AND WHEREAS The Promoter has not obtained project loan against the security of said plots and the title of the promoter to the said plots is clear, marketable and free from all encumbrances.The Promoter hereby informs that the Promoter may raise loans in future from any Bank or Financial Institution and shall obtain NOC from any such future lender as and when necessary, for raising such finance no further consent from the purchaser is required. 6. INTEREST SHOWN BY THE ALLOTTEE’S:- AND WHEREASALLOTTEE’S was in search of residential premises in vicinity of village Tisgaon and that is when he came to know about the said project of the Promoter. The Promoter has disclosed entire information along with all relevant documents/permissions to the complete satisfaction of the ALLOTTEE’S and thereafter the ALLOTTEE’S has conveyed his readiness and willingness to purchase the Apartment/Flat No. …………., at …………….. in the project known as “SAI RESIDENCY” which is more particularly described in the SCHEDULE-II and location of which is shown on authenticated copy sanctioned floor plan annexed herewith as “ANNEXURE-F”. 7. WILLINGNESS TO ENTER INTO AGREEMENT:- AND WHEREAS, the Parties relying on the confirmations representation and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in these agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter. 8. REGISTRATION OF AGREEMENT:- AND WHEREAS as per Section 13 of the Real Estate Regulation Act, 2016, the Promoter is required to execute a written agreement with the ALLOTTEE’S for the sale in respect of the said apartment/flat and therefore, promoter and the ALLOTTEE’S are executing present Agreement in compliance thereof and they shall also register the said Agreement under Registration Act, 1908 with the concerned Sub Registrar Office, within a time limit prescribed under the Registration Act. 9. ENTIRE AGREEMENT:- 8 AND WHEREAS this Agreement along with its schedules and annexure constitutes entire agreement between the parties with respect to the subject matter and supersedes any and all understandings, any other agreement, allotment letter, correspondences whether written or oral between the parties in regards to the said apartment. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO ASFOLLOWS: 10. OBLIGATION OF THE PROMOTER:- 10.1 SAID APARTMENT/FLAT :-As per the interest shown by the ALLOTTEE’S in above mentioned clause 6, the Promoter has agreed to sell the apartment/flat more particularly described in Schedule-II subject to the consideration amount and payment schedule as detailed herein under. 10.2 DEVELOPMENT WORKS :-The Promoter hereby assures to provide internal and External Development in the Project more particularly described in Schedule-III. 10.3 INTERNAL SPECIFICATION :- The Promoter hereby assures to provide internal Specifications to the apartment more particularly described in Schedule-IV. 10.4 INTERNAL SANCTIONED PLAN & OTHER PERMISSIONS :- The Promoter hereby assures that the Project will be developed and completed in accordance with the sanctioned plans as approved and revised by the local authority from time to time and shall following the conditions mentioned in various permissions as mentioned above. 10.5 VARIATION IN CARPET AREA:- The promoter hereby assures that after construction of the apartment, there shall not be variation of more than 3% in the carpet area as mentioned in Schedule-II. However, if there is any reduction in carpet area beyond the above mentioned variation limit, then the Promoter shall compensate the ALLOTTEE’S by refund of any such excess amount paid. If there is any increase in carpet area beyond the above mentioned variation then the ALLOTTEE’S shall pay proportionate excess amount. This monetary adjustment shall be made at a rate equal to the area of apartment as mentioned in Schedule-II. 10.6 POSSESSION DATE OF THE APARTMENT:- The Promoter hereby assures that they shall complete the construction and give possession of the said Apartment to the ALLOTTEE’S on or Before 31.12.2020 If there is any delay in possession due to reasons other than those mentioned in clause hereunder then the Promoter hereby agrees to pay to the ALLOTTEE’S, who does not intend to withdraw from the project, interest as specified in the Rules on all amounts (excluding Government taxes and duties) paid by the ALLOTTEE’S for every month of delay till handing over of possession. 10.07 DEFECT LIABILITY PERIOD :- (a) if within a period of five years from the date of handing over the Row Houses to the ALLOTTEE’S brings to the notice of the Promoter any structural defect in the building where the Said Flat/Apartment is situated or any defects on account of workmanship, quality or provision of service then, wherever possible, such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the ALLOTTEE’S to receive from the Promoter, compensation for such defect in the manner as provided under the Act. (b) Provided however, that the ALLOTTEE’S shall not carry out any alterations of whatsoever nature in the said building and specifically, the structure of the said apartment or of the said building which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the ALLOTTEE’S shall not make any alterations in any of the fittings, pipes, water supply connections or any 9 erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of water. If any of such works are carried out without the written consent of the promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect /caused on account of willful neglect on the part of the promoters and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the occupants, vagaries of nature etc. (c) That it shall be the responsibility of the ALLOTTEE’S to maintain his building in a proper and habitable manner and take all due care needed, if seepage is created due to chokeups of nahani / multi floors traps due to non filing of white cement / epoxy (to prevent water seepage) in the joints of tiles, the customer shall bare the charges of repairs of said flat and / or if adjacent flat / passage / any other area of the apartment is damaged due to the seepage. Including but not limiting to the joints in the tiles fitted in the apartment shall be regularly filled with white cement / epoxy to prevent water seepage. (d) Further where the manufacture warranty as shown by the promoters to the ALLOTTEE’S ends before the defect liability period and such warranties are covered under the maintenance of the said apartment / building / phase / wing, and if the annual maintenance contracts are not done/renewed by the ALLOTTEE’S the promoters shall not be responsible for any defect occurring due to the same. (e) 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 equipments, 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 flats / apartments and the common project amenities whenever applicable. (f) That the ALLOTTEE’S has been made aware and that the ALLOTTEE’S expressly agrees that the regular wear and tear of the apartment / building / phase / wing includes minor cracks on the external and internal walls excluding the RCC structure which occur due to elastic deformation, moisture, creep chemical reactions, climatic changes, compressive nature of cement, thermal variations or any other reason and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. (g) Its expressly agreed that before any liability of defect is claimed by or on behalf of the ALLOTTEE’S, it shall be necessary to appoint an expert who shall be a jointly nominated by the promoter and ALLOTTEE’S, who shall survey and access the same and shall then submit a report to state the defects [if any], in materials used in the structure built of the Apartment / phase / wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. (h) Regarding the items which are got manufactured or supplied by Promoter from outside agencies (e.g. pumps, motors, parking & passages light fittings) and who have given their guarantees, the said guarantees, subject to the terms thereof, shall continue and shall be the contracts between the said manufacturer or supplier and the ALLOTTEE’S or organization since the date of delivery of possession of the flat/ unit to the ALLOTTEE’S and the Promoter shall not be responsible for the same. -------------------------------------------------------------------------- SIGNATURE OF ALLOTEE”S We hereby agree that we have read the above mentioned points and hereby give our consent for the same. 10.8 FORMATION OF LEGAL ENTITY :- The promoters hereby assures that he will take steps to form co-operative society/Association for project "SAI RESIDENCY" within three months from the date on which fifty one percent of the total number of ALLOTTEE’S’s in the project. However, any delay on account of obtaining the signatures of ALLOTTEE’S’s on such society formation documents and procedural delays on account of co-operative department will not be to the account of the promoter. 10 10.9 CONVEYANCE TO LEGAL ENTITY:- The promoter hereby assures to convey the respective building structure to the co-operative society/Association within a period of 2 years after occupancy certificate or after obtaining full and final consideration from all ALLOTTEE’S’s in respective buildings whichever is later. The promoter further assures that the entire undivided land underneath both residential buildings jointly along with amenities, utilities and services will be conveyed to the co-operative society within a period of two years upon obtaining full and final occupation certificate as per future potential. 11. OBLIGATION OF THE ALLOTTEE’S:- 11.1SPECIFIC CONSENT ( ALONG WITH THIS AGREEMENT ) In accordance with Maharashtra Real Estate Rules, 2017, the ALLOTTEE’S hereby gives specific consent to the local authorities and also to the Promoter and has No Objection against the Promoter for the following  Change in building / layout plans due to instructions received from local authority  Minor additions / deletions or alterations ---------------------------------------------------------------------- SIGNATURE OF ALLOTEE”S (This consent shall be construed as informed consent) 11.2 POSSESSION OF THE APARTMENT:- The ALLOTTEE’S hereby assures that he shall take possession of the apartment within 15 days upon receiving notice in writing regarding readiness of the apartment for occupation. If the ALLOTTEE’S fails to take the possession of the apartment within such period then the ALLOTTEE’S shall be liable to pay Provisional Maintenance amount for the maintenance of the society (as applicable) & shall also be liable to pay interest charges for any such balance delayed amount at a rate equal to the rate as mentioned in the rules and the same shall not construe as delay of handing over of possession by the Promoter. And in such case the defect liability period shall start from the date of intimation of possession. 11.3 CONSIDERATION AMOUNT :- After due discussions, diligence and negotiations between the Promoter and the ALLOTTEE’S, the ALLOTTEE’S hereby agrees to purchase from the Promoter and the Promoter agrees to sell to the ALLOTTEE’S the Said Apartment for a lump sum consideration of Rs. ………………./-(Rupees. ………….. only) to be paid by the ALLOTTEE’S to the Promoter towards the said Apartment hereinafter referred to as the “CONSIDERATION AMOUNT”. The promoter specifically declares and the ALLOTTEE’S hereby understood and agrees that the consideration amount of said Apartment is inclusive off cost of said Apartment/flat proportionate price of common areas & facilities which is detailed in Schedule-III. The present Agreement shall supersede and prevail over all other prior communications, writings and /or cost sheets, agreed and /or executed by and between the parties. That, out of the agreed sale price, the Purchaser has paid Rs……./-( Rs. ………………… only) as advance payment to the Seller as under:- Date By Ch. No./Bank Name Amount ……………. ………………. …………../- That, the purchaser shall pay the remaining amount of consideration strictly as per the schedule given herein below. In case, the purchaser is unable to pay the remaining amount of consideration as per the schedule of payment given below, this agreement shall be canceled and become null and void at the option of the Seller and the amount already paid by the purchaser shall stand forfeited. This condition is the essence of this contract. 11.4 PAYMENT SCHEDULE :- 11 The ALLOTTEE’S hereby agrees and accepts to pay the consideration amount to the Promoter as per the payment schedule more particularly described in Schedule-V. I. 10% Booking Amount II. 10% At the time of Agreement to Sale. III. 15% At The Time of Plinth Level IV. 25% At The Time of First Slab V. 20% At The Time of Brick Work. VI. 10% At The Time of Plaster VII. 05% At The Time of Flooring VIII. 05% At The Time of Handing Over of Possession 11.5 EARLY PAYMENT:- If the Promoter completes the construction before time, then the ALLOTTEE’S hereby agrees and accepts to pay the consideration amount payable for early completed stage as per payment linked to said stage immediately on demand. No early payment discount will be offered in such case where construction has been completed before the agreed timeline. ---------------------------------------------------------------------- SIGNATURE OF ALLOTEE”S (hereby specifically agree to make early payment in case of early completion ) 11.6 TAXES & DUTIES:- The ALLOTTEE’S hereby agrees and accepts that the consideration Amount excludes expenses for stamp duty, registration fees, service tax (if applicable), VAT (if applicable), G.S.T. (CGST & SGST) or any other tax applicable and in force today levied on the said agreement then all outgoings pertaining to this shall be paid by ALLOTTEE’S separately. If in future any Government or local authority applies any other tax or increase the rates of taxation (either Retrospectively or Prospectively); the ALLOTTEE’S shall be liable to pay the same up to the date of handing over the apartment. 11.7 PAYMENT PERIOD:- The ALLOTTEE’S hereby assures to pay the amount of all installments within 15 days from the date of raise / receipt of the demand letter of installment by the promoters. In case of any delay beyond a period of 15 days, interest charges as per Rules will be applicable and the ALLOTTEE’S will be liable to pay the same. 11.8 PAYMENT OF WATER CHARGES, ELECTRICITY, TAXES ETC :- The ALLOTTEE’S hereby assures to pay the sum of Rupees ………./- (Rs. ……………….. only) for electricity meter connection charges to Promotor & ALLOTTEE’S hereby assures to pay necessary water charges, electricity user meter charges and Grampanchayat / local authority municipal tax or any other taxes as applicable from the date of taking possession of the apartment or after 15 days of the date of intimation of possession (whichever is earlier). 11.9 REPAIRS OF THE APARTMENT :- Maintenance of Building is the primary responsibility of the ALLOTTEE’S and he shall always take necessary precautions and preventive measures to ensure that the Building is maintained in a good & habitable condition. He shall not cause any such activity that will be harmful to adjoining neighbors and / or the building structure. 12 11.10 ALTERATION IN THE APARTMENT:- No addition or alteration will be carried out in the Apartment or building in which the Row house is situated without written consent of the promoter till the defect liability period is over and there after from the society / the local authorities (as the case may be). 11.11 HAZARDOUS AND DANGEROUS GOODS STORAGE:- The ALLOTTEE’S shall not store in the Building any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated. In case any such damage is caused to the Apartment or to the building in which the Apartment is situated on account of negligence or default of the ALLOTTEE’S in his behalf, the ALLOTTEE’S shall be liable for its consequences. 11.12 INTERNAL MAINTENANCE OF THE APARTMENT:- The ALLOTTEE’S shall carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the promoter to the ALLOTTEE’S and shall not do or cause to be done anything in or to the building in which the Apartment is situated 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’S committing any act in contravention of the above provisions, the ALLOTTEE’S shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority, as the case may be. 11.13 PRESERVING THE AESTHETICS AND ELEVATION:- The ALLOTTEE’S shall preserve the aesthetics of elevations of the scheme and no ALLOTTEE’S of the said Apartment shall be entitled to install Air Conditioner Units, Window Air Conditioner Units,use of common passages, lobbies and common areas in the building. Such air conditioner units may be installed in such a way so that, no hindrance is caused to other occupants of the building. 11.14 DEMOLITION AND COMMON UTILITIES MAINTENANCE:- The ALLOTTEE’S shall not demolish or cause to be demolished the Apartment or any part thereof nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good and tenantable condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural membranes in the Apartment without the prior written permission of the Promoters and/or the Society as the case may be. 11. 15 CLEANLINESS:- The ALLOTTEE’S shall not to throw dirt, rubbish, rages, garbage or other refuge or permit the same to be thrown from the said Apartment in the compound or any portion of the said plots and the building in which the apartment is situated. 11.16 SUB-LET, TRANSFER OF RIGHTS:- The ALLOTTEE’S shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the ALLOTTEE’S to the Promoter under this Agreement are fully paid up and only if the ALLOTTEE’S had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the ALLOTTEE’S has intimated in writing to the Promoter. 11.17 ABIDING BY SOCIETY BYE- LAWS OR REGULATIONS OF APARTMENT:- The ALLOTTEE’S shall observe and perform all the rules and regulations which the Co-operative Society may adopt at its inception 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 Apartments therein and for the observance and performance o the Building Rules, Regulations and Bye-laws. 12. GENERAL / MISCELLANEOUS STIPULATIONS:- 13 12.1 Time Extension :- The Promoters shall be entitled to get reasonable extension of time for giving possession of the apartment beyond date as mentioned above, if the completion of building in which the said apartment is situated is delayed on account of : (i) war, civil commotion or act of God (ii) any notice, order, rule, notification of the Government and/or other public or competent authority / court, Environment Authority, authority under Mines and Minerals, Collector, or any disputes or matters relating to the property pending final determination by the courts or any other authorities (iii) non-availability of steel, cement, other building materials, water or electric supply; (iv) Changes in any Rules, Regulations and Bye-Laws of various statutory bodies and authorities from time to time then affecting the development and the project. (v) Delay in grant of any sanction of plan, NOC / permission / licensee connection / installation of any services such as electricity and water connections and meters to the Scheme / Apartment, Road NOC or completion certificate from appropriate authority. (vi) Delay or default in payment of dues by the ALLOTTEE’S under these presents. (vii) Pendency of any litigation (if any) (viii) Any act beyond the control of the Promoter. (ix) Non availability of adequate labor for any reason. (x) Force-Majeure 12.2 NAME IN WHICH PAYMENT IS TO BE DRAWN FOR CONSIDERATION AMOUNT:- Promoter specifically communicates to the ALLOTTEE’S that the ALLOTTEE’S shall make the payments for Consideration Amount to the Promoter by Demand Draft or by local Cheque’s drawn in the name of M/s. SAI SHRADDHA BUILDER or by electronic mode of transfer. NEFT/RTGS Details Are As Under :- i. Account Holder Name :- "SAI SHRADDHA CONSTRUCTION & DEVELOPERS" ii. Bank Name :- UNION BANK OF INDIA. iii. Branch :- CIDCO, AURANGABAD. iv. Account Number :- 516701010036051 v. IFSC code :- UBIN0551678 vi. Account type :- REGULAR CURRENT 12.3 MAINTENANCE OF THE PROJECT:- Promoter shall be responsible for providing and maintaining the essential services, for this every ALLOTTEE’S has to contribute his part of expenses incuron at actual basis more particularly described in Schedule-VI, until Promoter hands over the Project to Society as the case may be. It is agreed and understood by the ALLOTTEE’S that the contribution payable by the ALLOTTEE’S to the Promoter is not for maintaining the project for any particular years. 12.4 MAINTENANCE RESPONSIBILITY OF THE PROMOTER CEASES:- Promoter specifically communicates to the ALLOTTEE’S that if ALLOTTEE’S fails and /or neglects to pay aforesaid expenses as and when demanded by the Promoters and / or concern authority then same shall be considered as material breach of these presents notwithstanding regular payment of Consideration Amount on agreed dates by the ALLOTTEE’S and in such case Promoter shall not be responsible for the maintenance of the said project. 12.5 CHANGE IN CONSULTANTS:- The Promoters shall have every right to appoint and change any new consultants / architects / engineers / contractors etc., as per his discretion & choice. 12.6 TERMINATION OF AGREEMENT BY PROMOTER:- 14 Without prejudice to the right of the Promoter to charge interest on delayed payment, if the ALLOTTEE’S commits three defaults in making payment as per the stage mentioned Schedule-V then the Promoter shall serve a notice of 15 days in writing to the ALLOTTEE’S informing his intention to terminate this Agreement and if the ALLOTTEE’S fails to rectify the breach as mentioned by the promoter within a period of 15 days, then Promoter shall be entitled to terminate this Agreement and deduct up to 10 % of the Consideration Amount towards liquidated damages and other administrative expenses. Balance amount (if any), shall be refunded within 60 days of termination. In the event of termination Promoter is not responsible to refund any taxes and duties such as service tax, VAT, G.S.T.(CGST, SGST), stamp duty and registration charges which are already paid to the Government and the ALLOTTEE’S shall apply or for refund at his own efforts and costs. 12.7 CANCELLATION OF AGREEMENT BY ALLOTTEE’S:- If the ALLOTTEE’S whishes to cancel the agreement due to reasons not attributable to the default of the Promoter, then the Promoter shall deduct 10% of the Consideration amount towards liquidated damages and other administrative expenses and balance amount (if any), shall be refunded after the apartment has been booked by other ALLOTTEE’S. In the event of cancellation by ALLOTTEE’S, the Promoter is not responsible to refund any taxes and duties such as service tax, VAT, G.S.T., stamp duty and registration charges which was paid to the Government and the ALLOTTEE’S shall apply for refund at their own efforts and costs. 12.8 ADVERTISEMENT / PROSPECTUS:- It is specifically understood and agreed by the ALLOTTEE’S that the prospectus other advertising material published by the Promoters from time to time in respect of the project contain various features such as furniture, plantation, colors, vehicles, etc. and the same shall not be considered in any manner as agreement between Promoters and ALLOTTEE’S. The details mentioned in Schedule-III and Schedule-IV hereunder are considered as final, definitive duly negotiated and binding between the parties and supersedes all earlier communications. 12.9 ENTRY OF PROMOTERS STAFF IN THE PREMISES:- Till the conveyance in favor of the society and/or the federation, as the case may be, is executed, the ALLOTTEE’S shall permit the Promoters and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Apartment, land and buildings or any part thereof to view, examine and /or execute any changes as may required as per direction of the local authority and /or otherwise required to maintain and preserve the state and condition thereof. 12.10 MOVEMENT OF MEN AND MATERIAL:- The ALLOTTEE’S is well aware that the Promoter will construct building as per appvoved plans. The ALLOTTEE’S assures that after possession of the said Apartment he shall not cause any hindrance / obstruction / objection to the movement of men and machinery required to complete the project. 12.11 WATER CONNECTION AND CHARGES:- The ALLOTTEE’S is fully aware that water connection for said scheme is not yet obtained from CIDCO / MIDC / any Statutory authority. The Promoter has dug open well / bore-wells in the project land and shall supply water to the ALLOTTEE’S as long as it is available in the wells. The ALLOTTEE’S shall be liable to pay proportionate electricity and maintenance charges towards the same to the seller. It is categorically clarified by the seller that, in case the well / bore-well goes dry and the water available is insufficient, the ALLOTTEE’S will have to alternative arrangement for water at his own cost and the promoter will not be responsible for the same in any manner. Further, it is agreed by the ALLOTTEE’S that, the Promoter alone has exclusive ownership rights over the wells situated in the project land of “SAI RESIDENCY” the ALLOTTEE’S or anybody claiming through him will not have any right in the well or its water. ----------------------------------------------------------------------------------------- SIGNATURE OF ALLOTEE”S (I hereby agree to pay necessary water charges as mentioned above till the entire conveyance of said plot is done) 15 12.12 None of the actions, concessions or indulgence shown by the Promoters shall be presumed and /or be treated and /or deemed to have been waived their preferential right or the right of preemption or the right of first refusal of the Promoters, agreed to herein by the parties hereto. Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said premises or of the said property and building /s or any part thereof. The ALLOTTEE’S shall have no claim save and except in respect of the said Apartment hereby agreed to be sold to the ALLOTTEE’S, and allotted areas such as upper terrace, open spaces, parking, lobbies etc. will remain the property of the Promoters until the said plots are conveyed to the federation of Co-operative Societies as agreed to be conveyed by the Promoter as per the terms and conditions of this agreement. 12. 13 JURISDICTION:- This Agreement shall be governed by the laws of India and Courts at Aurangabad shall have exclusive jurisdiction to try and entertain the dispute/s arising out of these presents. 12.14 REGISTRATION:- The ALLOTTEE’S and /or Promoter shall present this Agreement at the proper registration office for registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 12.15 STAMP DUTY:- The ALLOTTEE’S herein has paid stamp duty along with appropriate registration fees as per Maharashtra Stamp Act, 2015. However, if there is any increase in stamp duty by the government at the time of registration of conveyance deed of apartment, then such incremental stamp duty shall be borne and paid by the ALLOTTEE’S. SCHEDULE-I (SAID PLOT) All that piece and parcel of open plot No.24 totally admeasuring 934.654 sq.mtrs., situated Survey No.47, village Golwadi, Waluj Mahanagar-IV, Taluka and District Aurangabad on which flatted building known as SAI RESIDENCY is being constructed, boundaries of which are as under : On or towards East : Gut No.45. On or towards West : 9 M wide Road. On or towards North : Plot No.23. On or towards South : Plot No.25. SCHEDULE-II (SAID APARTMENT) To be constructed upon the said plot described in the Schedule-I above, as a Project named as SAI RESIDENCY, Flat No. ………….. ,Situated at ………………..Floor. carpet area as per notification no. MahaRera / Secy/FileNo. 27/84/2017 Dated. 14/06/2017. Through Circular No. 4/2017) Carpet Area in Sq. Mtrs. Built Up Area in Sq. Mtrs. ……….. …… BOUNDARIES OF THE SAID FLAT / APARTMENT EAST WEST NORTH SOUTH ……………………. ................................ …………………….. ………………….. 16 SCHEDULE-III COMMON AREAS AND FACILITIES  Entrance Gate and compound wall  Water tanks, motors, ducts and all apparatus connected with installation for common use.  Underground water tank & pumps  Drainage system  Electricity supply transformer and cabling networks  Rainwater harvesting SCHEDULE-IV INTERNAL SPECIFICATIONS OF APARTMENT 1. RCC FRAMED SUPER STRUCTURE. 2. Walls:  6” Thick external clay brick work and 4” thick clay bricks.  Neeru finish internal Sanlaplaster  Sand faced single coat external plaster. 3. Doors and Windows:  RCC door frames in all rooms with flush door.  Main door wooden frame with attractive lamination and good quality fittings.  3 track powder coated aluminum windows with Mosquito net along with oil painted safety grills. 4. Electrical fittings:  Concealed electrification with 3.5 Points in all Rooms.  MCB (miniature circuit breaker) 5. Tiles:  24” x 24” ceramic tiles in all the rooms.  Wall Tiles up to lintel level in bathrooms and kitchen.  Granite/Green marble kitchen otta with S.S. sink 6. Plumbing:  Concealed plumbing with hot and cold mixing unit,  One cp fitting in washing. 7. Color:  External – Premium Quality cement paint.  Internal – Distemper Paint in all rooms. 8. LOFT : ONE LOFT IN KITCHEN SCHEDULE-V (PAYMENT SCHEDULE) I. 10% Booking Amount II. 10% At the time of Agreement to Sale. III. 15% At The Time of Plinth Level IV. 25% At The Time of First Slab V. 20% At The Time of Brick Work VI. 10% At The Time of Plaster VII. 05% At The Time of Flooring VIII. 05% At The Time of Handing Over of Possession SCHEDULE-VI MAINTENANCE SCHEDULE) Common Area Maintenance 1 Building housekeeping 2 Building Security 3 a. Electricity charges for Water supply from bore-well b. Electricity charges for common lighting in the buildings. 17 IN WITNESS WHEREOF THE PARTIES HAVE SIGNED THESE PRESENTS ON THE DAY, DATE AND PLACE MENTIONED HEREINABOVE. PROMOTER :- M/s. Sai Shraddha Construction & Developers Through its Partners: 1) Shri.Sajansing Motilal Jarwal …………………… PHOTO 2) Mr. Pratik S/o Shriram Rathod……………………. CO-PROMOTER (Consenting Party) :- Sow. Pushpa W/o Jagdish Yedlawar Through his registered GPA holder : PHOTO M/s. Sai Shraddha Construction & Developers Through its Partners: 1) Shri.Sajansing Motilal Jarwal …………………… PHOTO 2) Mr. Pratik S/o Shriram Rathod………………….. ALLOTTEE’S’S PHOTO Mrs………………………………………………………….. PHOTO Mr. …………………………………………………………. WITNESSES:- 1. …. ……………………………………………………… PHOTO …………………………………………………………….. …………………………………………………………….. PHOTO 2. ………………………………………………………… …………………………………………………………… ………………………………………………………….. …………………………………………………………… ……………………………………………………………