1 AGREEMENT TO SALE This agreement to sale of Flat No. ___ in “Hiranya Enclave” Building situated At Plot No 17, Gut no. 22/p, Village Satara, Aurangabad, the stamp value of Rs. _________/- and actual sale value Rs. _____/- is executed today on __th day of ______ 2018 at Aurangabad, between Mr. Karimkhan Mohidinkhan Pathan Proprietor “ADROIT INFRA” Age.43 Years Occ: Business R/o: Rauf Colony, Buddi LAne, Aurangabad. [Here in after called as VENDER, which expression shall mean and include his heirs, successors, legal representatives, executors, administrators and assignees]. IN FAVOUR OF 1. _____________________ ( Purchaser ) Age : ---- Years, Occ. :- ---------- R/o.: ----------, Aurangabad. PAN : -------------------- Adhar : ------------------------------- (Hereinafter called as FLAT PURCHASER or VENDEE which expression shall mean and include all His / Her heirs, successors, legal representatives, executors, administrators and assignees) Whereas, the land admeasuring 1031 Sq.Mt(Plot No 4 and Plot No.17) Situated at Gut. No. 22/p Satara, Aurangabad is owned by Mr. Karimkhan Mohidinkhan Pathan. Mr. Karimkhan M Pathan has obtained the legal construction permission over the land by Municipal Corporation Aurangabad with file No. 317/17/2018-19 and commencement letter no.480/2018-19 Dt. 27/07/2018. The Non-agriculture permission from honorable collector Aurangabad is already obtained by the previous owner by Order No……. Dt…… After obtaining the Construction permission owners entered into a development agreement to develope a multistoried building on the said land and declared their respective shares in the building by the registered declaration bearing registration no ______ at sub-registrar Aurangabad on dt……….. 2 Mr. _____________________________ decided to purchase a Flat No. _______ in the Building “Hiranya Enclave” situated At Gut no. 22/p, Village Satara, Aurangabad. The Flat is bounded by, NORTH : ________ SOUTH : ______ EAST : _______ WEST : _________ WHEREAS purchaser of Flat No. ____has gone through all the documents, location of property, construction specifications and thereafter agreed to purchase the flat. The flats admeasuring _______ sq.m. carpet area and 81.00 sq.m. Super-built-up area is on ________ floor in ____-Wing. The purchaser and Vender agreed upon the following terms and conditions. 1. That, the Vendor agreed to sale the Flat No. _____to the Flat purchaser for the total consideration of Rs._______ /- { Rupees _______ only }. 2. The purchaser agreed to pay the amount of consideration partly by loan and partly by self contribution. As a Token of this purchase purchaser has given ….. Payment etails….. The purchaser is willing to pay the remaining amount by availing home loan from any finance institution/Bank as per his will. 3. That the Vendor is hereby undertake that the Flat under sale is free from all types of encumbrances and it is not subject to any mortgage, lease, lien, agreement nor he obtained any loan of any Government financial Institution, or by private party on the same. If any dues on the flat under sale are found, the Vendor will pay the same before execution of Sale Deed. 4. That, the work of the construction of the Building containing the said flat has been completed and possession will be given as soon as the cheques of 15th April 2018 are cleared. 5. That, the purchaser will try to avail the home loan to pay the remaining amount as early as possible. If there is any problem paying this remaining amount he will be given sufficient time (NOT More than 6 Months from today) to avail the loan. If it could not be possible to pay the remaining amount, due to any reason/s, 3 Vender shall have right to sale the flat to someone other and pay back the amount paid by the purchaser from the sale of the current flat and cancel this agreement to sale. 6. That the Registration of the project is done as per the Real State Regulatory Act (RERA) and the RERA project Registration number is __________. The rules and regulations of this act will be applicable for Vender as well as to the purchaser. That the Purchaser shall not carry out any alterations of the whatsoever nature in the said 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 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 Builder/Promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the Builder, and shall not mean defect/s caused by normal wear and tear and by negligent use of Flat by the Occupants, vagaries of nature etc. 7. That it shall be the responsibility of the Purchaser to maintain his Flat in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his Flat are regularly filled with white cement / epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the Builder to the Purchaser ends before the defects liability period and such warranties are covered under the maintenance of the said Flat or Building, and if the annual maintenance contracts are not done/renewed by the Purchaser or Flat Owner’s Society, the Builder shall not be responsible for any defects occurring due to the same. That the Purchaser has been made aware and the Purchaser expressly agrees that the regular wear and tear of the Flat / 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 4 defect. Provided further that any deviation in usage/maintenance of the said Flat in contravention to User Manual shall amount to default on part of the Purchaser towards proper maintenance of the Flat/building and the Purchaser shall not be entitled to claim any compensation against defect liability from the Builder. It is expressly agreed that before any liability of defect is claimed by the 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 Flat / Building and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. Further the Purchaser shall permit the Builder and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Flat/building or any part thereof to view and examine the state and condition thereof. If the claim found positive, fees of such surveyor shall be paid by Builder otherwise the fees shall be borne by the purchaser. 8. The purchaser will have to pay all the dues towards the price of the flat, payment for electricity connection, SLC line charges and payment relating extra items. Currently the Water Supply is from Ground Water Source from Two Bore wells in the premises. 9. That from the date of possession of flat, the purchaser will be bound to pay all the Taxes like property tax or any other tax payable to municipal authority and other taxes attributable to the flat purchased by him, whether assessed separately or not. 9. The theme, number of tenements and number of floors are as per present construction permission of the building. These may vary in the revision in construction permission as per the change in bylaws and F.S.I. of the area. The Vendor have rights to revise and add the number of tenements and/or number of floors as per revision in permission and this agreement shall be treated as No Objection Certificate of the Owner in this regard. 10. That, The flat purchaser also liable to Pay GST and any other taxes as applicable in State of Maharashtra. The purchaser also liable to pay all the expenses required for the execution and registration of this sale deed in his favor. 5 11. That, after obtaining possession of flat, the purchaser shall not cause any structural change in the flat purchased by him at any time. But, however, he will be at liberty to do interior decoration, furniture, fixtures etc. as desired by him at his own cost. 12. That after obtaining the possession of the flat, the purchaser shall use the flat in such a fashion that it will not cause any obstruction or interference to the occupier of the other Flat purchasers in the Building “Hiranya Enclave” either because of his own conduct or conduct of his family members or any person visiting them. The purchaser will be a member of Society and the Society Deposit, Maintenance charges as decided by society are binding on the purchaser to maintain the society in proper way. 13. That, the purchaser after obtaining the possession of the flat shall pay the monthly contribution for maintenance of common facilities like water supply and electricity supply, Security etc. etc. without fail as per the conditions and decision of the society of All flat purchasers of the building “Hiranya Enclave”. He shall obay/follow all rules and regulations framed in the society time to time. 14. The purchaser is bounded to pay the part of fees required for the registration of housing society, the deposit if any and any other charges required by the flat owner’s society to maintain it properly. IN WITNESSTH WHEREOF, THIS AGREEMENT TO SALE IS EXECUTED ON ____TH DAY OF ____________2018 AT AURANGABAD. Mr. Karimkhan Mohidinkhan Pathan (VENDOR) Mr. _________________________________ (FLAT PURCHASER) Mr.--------------------------------------------------- (WITNESS – 1) Mr. ______________ _______________ (WITNESS – 2)