AGREEMENT TO SALE

       This Agreement made at Aurangabad this........day of.......... in the year Two Thousand
and Seventeen.
BETWEEN
1. A Q INFRASTRUCTURE PRIVATE LIMITED. (PAN : AAJCA7880Q)
Through its Managing Director,
SYED ABDUL GAFFAR QUADRI
Age - 60 Years, Occupation: Business
R/o. Plot No. 21, N-12/D, CIDCO, Aurangabad.
(Hereinafter referred as “THE PROMOTER” which expression unless repugnant to the context
and meaning thereof, shall mean and includes the Company, all its Directors, Shareholders,
Assigns, Executors, etc.) of the FIRST PART
AND
1. _____________S/o ________________(PAN : ____________)
Age: ___ Years, Occupation: _______ R/o __________________________
__________________________________,
__________, Aurangabad – 431001
Hereinafter called “THE ALLOTTEE” (which expression unless it be repugnant to the context or
meaning thereof, be deemed to mean and include all his/her heirs, Executors, Administrators,
and Assigns) OF THE OTHER PART.
       WHEREAS, A Q Infrastructure Private Limited is the owner of all the piece and parcel of
Landed property forming part of C.T.S No. 19048/2 admeasuring 8021.20 Sq. Mtrs. which was
purchased vide sale deed bearing No. A.G.G.03597 dated 23-5-2012 having receipt no.3717
from Kishanlal Jalan Charity Trust Bombay .

AND WHEREAS, the owner of above land owned by it in C.T.S. No.19048/2. Out of the total
plot a portion admeasuring 123.39 sq. mtrs. is affected by DP road which is relinquished in
favour of Aurangabad Municipal Corporation. Thereafter, with the intention of developing
Commercial Cum Housing project on remaining plot area admeasuring 7898.21 sq. mtrs.
       AND WHEREAS the owner has obtained building permission from Aurangabad
Municipal Corporation, Aurangabad vide No. 751/2015-16 dt.29/12/2015.
       AND WHEREAS, the Owner/ Grantor is a Limited Company formed and registered
under the provisions of Companies Act, 1956, having Four Directors.
       AND WHEREAS, in pursuance to the terms of the said building permission, the
Promoter to start the development and construction work of the project which is named as“AQ
TOWN”.

      AND WHEREAS, the Promoter has to execute deed of Declaration under section 2A of
Maharashtra Apartment Ownership Act, 1970 on 28/08/2015 same shall be registered with the
Sub-registrar, Aurangabad The Promoter shall supply to the Allottee the documents as
mentioned in the Maharashtra Ownership of Flats Act and the Rules framed there under, as
demanded by the Purchaser herein.
         AND WHEREAS the Allottee approached the Promoter herein with a desire to purchase
independent ownership Row houses, Banglows & Flats in the said scheme known as “AQ
TOWN” and after verification and satisfaction of the title documents, details of project,
specification of Row houses, Banglows & Flats etc., the purchaser has agreed to purchase Row
houses, Banglows & Flats No. _____, admeasuring _____ sq. mtrs. carpet area on and upon the
terms and conditions as contained herein.
         AND WHEREAS the Purchaser/s covenant with the Vendor that he/she has satisfied
himself/herself in respect of the ownership, title, specifications, building plans, amenities and
facilities, etc. in respect of the said Row houses, Banglows & Flats & the entire scheme and
relying upon the said undertaking and assurance of the Purchaser the Vendor herein agreed to
allot to the Purchaser the said Row houses, Banglows & Flats No. ____, admeasuring ____ sq.
Mtrs. carpet area in the said Scheme named “AQ TOWN”.
         AND WHEREAS the Promoter has entered into a standard Agreement with MD.YUNUS
who is an Architect registered with the Council of Architects having Membership No.e-131/92
and such Agreement is as per the Agreement prescribed by the Council of Architects;
         AND WHEREAS the Promoter has appointed MD.YUNUS Regn. No. E/228/96 who is a
structural Engineer for the preparation of the structural design and drawings of the buildings and
the Promoter accepts the professional supervision of the Architect and the structural Engineer till
the completion of the project.
         AND WHEREAS by virtue of ownership, the Promoter has sole and exclusive right to
sell the Row houses, Banglows/Flats being constructed by the Promoter on the project land and
to enter into Agreement/s with the Allottee/s of the Row houses, Banglows & Flats to receive the
sale consideration in respect thereof.
         AND WHEREAS on demand from the Allottee, the Promoter has given inspection to the
Allottee of all the documents of title relating to the project land and the plans, designs and
specifications prepared by the Promoter's Architects, the sanctioned plans, and of such other
documents related to the project.
         AND WHEREAS the authenticated copies of 7/12 extract showing the nature of the title
of the Promoter to the project land on which the Row houses, Banglows & Flats are constructed
or are to be constructed have been annexed hereto and marked as 'B'.
         AND WHEREAS the authenticated copies of the plans of Layout as approved by the
concerned Local Authority have been annexed hereto & marked as Annexure C-1.
        AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the
Promoter and according to which the construction of the buildings and open spaces are proposed
to be provided for on the said project have been annexed hereto and marked as Annexure C-2.0
        AND WHEREAS the authenticated copies of the plans and specifications of the Row
houses, Banglows &Flats agreed to be purchased by the Allottee, as sanctioned and approved by
the local authority have been annexed and marked as Annexure D.
        AND WHEREAS while sanctioning the said plans concerned local authority and/or
Government has laid down certain terms, conditions, stipulations and restrictions which are to be
observed and performed by the Promoter while developing the project land and the said building
and upon due observance and performance of which only the completion or occupancy
certificate in respect of the said building/s shall be granted by the concerned local authority.
        AND WHEREAS the carpet area of the said Row houses, Banglows &Flats is _____
Square Metres and "carpet area" means the net usable floor area of a Row houses, Banglows
&Flats, excluding the area covered by the external walls, areas under services shafts, exclusive
balcony appurtenant to the said Row houses, Banglows &Flats for exclusive use of the Allottee
or verandah area and exclusive open terrace area appurtenant to the said Fodown/Shop/Flats for
exclusive use of the Allottee, but includes the area covered by the internal partition walls of the
Row houses, Banglows &Flats.
        AND WHEREAS, the Parties relying on the confirmations, representations and
assurances of each other to faithfully abide by all the terms, conditions and stipulations contained
in this Agreement and all applicable laws, are now willing to enter into this Agreement on the
terms and conditions appearing hereinafter;
        AND WHEREAS, the Promoter is required to execute a written Agreement for sale of
said Row houses, Banglows &Flats with the Allottee, being in fact these presents and also to
register said Agreement under the Registration Act, 1908.
        In accordance with the terms and conditions set out in this Agreement and as mutually
agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee
hereby agrees to purchase the Row houses, Banglows &Flats.
      NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY
         AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
        1. The Promoter shall construct the said Row houses, Banglows &Flats consisting of
Ground Floor, First Floor, Second Floor, Third and Fourth Floor on the project land in
accordance with the plans, designs and specifications as approved by the Aurangabad Municipal
Corporation, Aurangabad from time to time. The promoter shall also be consuming the
additional available FSI/TDR by executing additional construction at open Terrace or by
constructing additional Floors in the layout for which the Allottee herewith gives his express
consent.
         Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in
respect of variations or modifications which may adversely affect the Row houses, Banglows
&Flats of the Allottee except any alteration or addition required by any Government authorities
or due to change in law.
1.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees
to sell to the Allottee Row houses, Banglows &Flats No. _____ of the __ type __BHK having
carpet area admeasuring ____ Sq. Meters in the Commercial Cum Housing project named “AQ
TOWN”, being constructed on Land at C.T.S No. 19048/2, Situated at Padampura, Near Paithan
Road, Aurangabad (hereinafter referred to as "the Row houses, Banglows &Flats") as shown in
the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration
of Rs. __________/- (Rupees ___________________________ only) including the
proportionate price of the common areas and facilities appurtenant to the premises, the nature,
extent and description of the common areas and facilities which are more particularly described
in the Second Schedule annexed herewith.
1(c) The Allottee has paid on or before execution of this agreement a sum of Rs
____________/- (Rupees __________________ only) as advance payment as follows:-

Sr. No.     Date                  Name of Bank & Cheque No./ Cash            Amount


1.
2.
3.                                Total


        The Allottee hereby agrees to pay to the Promoter the balance amount of Rs.
____________/- (Rupees _______________________ only) in the following manner :-
i. Amount of Rs. _____________/- (Rupees _____________________ only) is to be paid to the
Promoter after the execution of this Agreement.
ii. Amount of Rs. ___________/- (Rupees _______________________ only) to be paid to the
Promoter within one week from the date of this agreement. As the promoter has already
completed the plinth of the building, the said instalment has already become due.
iii. Amount of Rs. _____________/- (Rupees _____________________ only) to be paid to the
Promoter within one week from the date of this agreement. As the promoter has already
completed the slabs of the building this instalment has already become due.
iv. Amount of Rs. ___________/- (Rupees _______________________ only) is to be paid to the
Promoter on completion of the walls, internal plaster, floorings doors and windows of the said
Row houses, Banglows &Flats.
v. Amount of Rs. ____________/- (Rupees ______________________ only) is to be paid to the
Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level
of the said Row houses, Banglows &Flats.
vi. Amount of Rs. ____________/- (Rupees ______________________ only) is to be paid to the
Promoter on completion of the external plumbing and external plaster, elevation, terraces with
waterproofing.

vii. Amount of Rs. ___________/- (Rupees _______________________ only) is to be paid to
the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and
environment requirements, entrance lobby/s, plinth protection, paving of areas and all other
remaining works.
viii. Balance Amount of Rs. ___________/- (Rupees ____________ only) against and at the time
of handing over of the possession of the Row houses, Banglows &Flats to the Allottee on or after
receipt of occupancy certificate or completion certificate.

However, the Allottee shall be entitled to deduct TDS as per Income Tax Laws from the
Instalments mentioned in clause 1(c) above.

1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by
way of Value Added Tax, Service Tax, GST and Cess or any other similar taxes which may be
levied at present and in future, in connection with the construction of and carrying out the Project
and sale of the Row houses, Banglows &Flats payable by the Promoter) up to the date of handing
over the possession of the Row houses, Banglows &Flats and these taxes, etc. shall be paid by
the Allottee to the Promoter over and above the decided consideration as and when payable
according to the provisions of relevant statute/s.

1(e) The Total Price is escalation - free, save and except escalations/increases, due to increase on
account of development charges payable to the competent authority and/or any other increase in
charges which may be levied or imposed by the competent authority Local Bodies/Government
from time to time. The Promoter undertakes and agrees that while raising a demand on the
Allottee for increase in development charges, cost, or levies imposed by the competent
authorities etc., the Promoter shall enclose the said notification/order/rule/regulation
published/issued in that behalf to that effect along with the demand letter being issued to the
Allottee, which shall only be applicable on subsequent payments.

1(f) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after
the construction of the Building is complete and the occupancy certificate is granted by the
competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a
variation cap of three percent. The total price payable for the carpet area shall be
recalculatedupon confirmation by the Promoter. If there is any reduction in the carpet area within
the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five
days with annual interest at the rate specified in the RERA Rules, from the date when such an
excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to
Allottee, the Promoter shall demand additional amount from the Allottee as per the next
milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate
per square meter as agreed in Clause 1(a) of this Agreement.

1(g) The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her
under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter
may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the
Promoter to adjust his payments in any manner.

2.1 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions,
stipulations and restrictions if any, which may have been imposed by the concerned local
authority at the time of sanctioning the said plans or thereafter and shall, before handing over
possession of the Row houses, Banglows &Flats to the Allottee, obtain from the concerned local
authority occupancy and/or completion certificates in respect of the Row houses, Banglows
&Flats.

2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the
time schedule for completing the project and handing over the Row houses, Banglows &Flats to
the Allottee and the common areas to the association of the Allottees after receiving the
occupancy certificate or the completion certificate or both, as the case may be. Similarly, the
Allottee shall make timely payments of the installment and other dues payable by him/her and
meeting the other obligations under the Agreement subject to the simultaneous completion of
construction by the Promoter as provided in clause 1 (c).

3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the
project land is _______ square meters only and Promoter has planned to utilize additional Floor
Space Index of _______ sq. mtrs. by availing of TDR or FSI available on payment of premiums
or FSI available as incentive FSI by implementing various schemes as mentioned in the
Development Control Regulation or based on expectation of increased FSI which may be
available in future on modification to Development Control Regulations, which are applicable to
the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be
utilized by him on the project land in the said Project and Allottee has agreed to purchase the
said Row houses, Banglows &Flats based on the proposed construction and sale of Row houses,
Banglows &Flats to be carried out by the Promoter by utilizing the proposed FSI and on the
understanding that the declared proposed FSI shall belong to Promoter only. 4.1 If the Promoter
fails to abide by the time schedule for completing the project and handing over the Row houses,
Banglows &Flats to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend
to withdraw from the project, interest as specified in the RERA Rules, on all the amounts paid by
the Allottee, for every month of delay, till the handing over of the possession. The Allottee
agrees to pay to the Promoter, interest as specified in the RERA Rules, on all the delayed
payment which become due and payable by the Allottee to the Promoter under the terms of this
Agreement from the date the said amount is payable by the Allottee to the Promoter.




4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above,
on the Allottee committing default in payment on due date of any amount due and payable by the
Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes
levied by concerned local authority and other outgoings) and on the Allottee committing three
defaults of payment of installments, the Promoter shall at its own option, may terminate this
Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee,
by Registered Post AD at the address provided by the Allottee and mail at the e-mail address
provided by the Allottee, of his intention to terminate this Agreement and of the specific breach
or breaches of terms and conditions in respect of which it is intended to terminate the
Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter
within the period of notice then at the end of such notice period, promoter shall be entitled to
terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid,
the Promoter shall refund to the Allottee (subject to adjustment and recovery of 10% of the total
consideration on account of agreed liquidated damages) within a period of thirty days of the
termination, the installments of sale consideration of the Row houses, Banglows &Flats which
may till then have been paid by the Allottee to the Promoter.

5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one
or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter
in the said building and the Row houses, Banglows &Flats as are set out in Annexure 'E',
annexed hereto.

6. The Promoter shall give possession of the Row houses, Banglows &Flats to the Allottee on or
before 31/08/2020. If the Promoter fails or neglects to give possession of the Row houses,
Banglows &Flats to the Allottee on account of reasons beyond his control and of his agents by
the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the
amounts already received by him in respect of the Row houses, Banglows &Flats with interest at
the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter
received the sum till the date the amounts and interest thereon is repaid.

        Provided that the Promoter shall be entitled to reasonable extension of time for giving
delivery of Row houses, Banglows &Flats on the aforesaid date, if the completion of building in
which the Row houses, Banglows &Flats is to be situated is delayed on account of - (i) war, civil
commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other
public or competent authority/court.
7.1 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate
from the competent authority and the payment made by the Allottee as per the agreement shall
offer in writing the possession of the Row houses, Banglows &Flats, to the Allottee in terms of
this Agreement to be taken within 3 (three months from the date of issue of such notice and the
Promoter shall give possession of the Row houses, Banglows &Flats to the Allottee. The
Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any
of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to
pay the maintenance charges as determined by the Promoter or association of Allottees, as the
case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing
within 7 days of receiving the occupancy certificate of the Project.

7.2 The Allottee shall take possession of the Row houses, Banglows &Flats within 15 days of the
written notice from the promoter to the Allottee intimating that the said Row houses, Banglows
&Flats are ready for use and occupancy:

7.3 Failure of Allottee to take Possession of Row houses, Banglows &Flats: Upon receiving a
written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the
Row houses, Banglows &Flats from the Promoter by executing necessary indemnities,
undertakings and such other documentation as prescribed in this Agreement, and the Promoter
shall give possession of the Row houses, Banglows &Flats to the Allottee. In case the Allottee
fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be
liable to pay maintenance charges as applicable.

7.4 If within a period of five years from the date of handing over the Row houses, Banglows
&Flats to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in
the
Row houses, Banglows &Flats or the building in which the Row houses, Banglows &Flats are
situated or any defects on account of workmanship, quality or provision of service, then,
wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is
not possible to rectify such defects, then the Allottee shall be entitled to receive from the
Promoter, compensation for such defect in the manner as provided under the Real Estate
(Regulation and Development) Act, 2016.

8. The Allottee shall use the Row houses, Banglows &Flats or any part thereof or permit the
same to be used only for purpose of residence. He shall use the Covered Parking spaces only for
purpose of keeping or parking vehicle.
9. The Allottee along with other Allottees of Row houses, Banglows, Flats in the building shall
join in forming and registering the Society or Association or a Limited Company to be known by
such name as the Promoter may decide and for this purpose also from time to time sign and
execute the application for registration and/or membership and the other papers and documents
necessary for the formation and registration of the Society or Association or Limited Company
and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign
and return to the Promoter within seven days of the same being forwarded by the Promoter to the
Allottee, so as to enable the Promoter to register the common organisation of Allottee. No
objection shall be taken by the Allottee if any, changes or modifications are made in the draft
bye-laws, or the Memorandum and/or Articles of Association, 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.

9.1 The Promoter shall, within three months of registration of the Society or Association or
Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all
the rights, title and the interest of the Vendor/Original Owner/Promoter and/or the owners in the
said structure of the Building or wing in which the said Row houses, Banglows & Flats is
situated.

9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Row
houses, Banglows &Flats is ready for use and occupancy, the Allottee shall be liable to bear and
pay the proportionate share (i.e. in proportion to the carpet area of the Row houses, Banglows
&Flats) of outgoings in respect of the project land and Building/s namely local taxes, betterment
charges or such other levies by the concerned local authority and/or Government water charges,
insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers,
Gardener, other maintenance staff and all other expenses necessary and incidental to the
management and maintenance of the project land and building/s. Until the Society or Limited
Company is formed and the said structure of the building/s or wings is transferred to it, the
Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined.
The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to
the Promoter provisional contribution of Rs. ______/- (Rupees ___________only) per month
towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any
interest and remain with the Promoter until a conveyance of the structure of the building or wing
is executed in favour of the society or a limited company as aforesaid. On such conveyance
being executed for the structure of the building or wing the aforesaid deposits (less deduction
provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited
Company, as the case may be.
10. The Allottee shall on or before delivery of possession of the said premises keep deposited
with the Promoter, the following amounts:-
(i) Rs. _________/- (Rupees ________________only) as one time maintenance charges.
(ii) Rs. _________/- (Rupees ____________________ only) as Annual Maintenance charge for
the First Year from the date of possession.
(ii) Rs. _________/- for share money, application entrance fee of the Society or Limited
Company/Federation/ Apex body.
(ii) Rs. ________/- for formation and registration of the Society or Limited
Company/Federation/ Apex body.
(iii) The Allottee shall pay the proportionate share of taxes and other charges/levies in respect of
the Society or Limited Company/Federation/ Apex body at actuals as and when demanded.




11. The Allottee shall pay to the Promoter a sum of Rs. ___________/- (Rupees
_____________only) for meeting all legal costs, charges and expenses, including professional
costs of the Attorney-at-Law/Advocates of the Promoter 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.

12. At the time of registration of conveyance of the structure of the building or wing of the
building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and
registration charges payable, by the said Society or Limited Company on such conveyance or
any document or instrument of transfer in respect of the structure of the said Building /wing of
the building. At the time of registration of conveyance of the project land, the Allottee shall pay
to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said
Apex Body or Federation on such conveyance or any document or instrument of transfer in
respect of the structure of the said land to be executed in favour of the Apex Body or Federation.

13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER
The Promoter hereby represents and warrants to the Allottee as follows:
i. The Promoter has clear and marketable title with respect to the project land; as declared in the
title report annexed to this agreement and has the requisite rights to carry out development upon
the project land and also has actual, physical and legal possession of the project land for the
implementation of the Project;
ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to
carry out development of the Project and shall obtain requisite approvals from time to time to
complete the development of the project;
iii. There are no encumbrances upon the project land or the Project except those disclosed in the
title report;
iv. There are no litigations pending before any Court of law with respect to the project land or
Project except those disclosed in the title report;
v. All approvals, licenses and permits issued by the competent authorities with respect to the
Project, project land and said building/wing are valid and subsisting and have been obtained by
following due process of law. Further, all approvals, licenses and permits to be issued by the
competent authorities with respect to the Project, project land and said building/wing shall be
obtained by following due process of law and the Promoter has been and shall, at all times,
remain to be in compliance with all applicable laws in relation to the Project, project land,
Building/wing and common areas;
vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to
perform any act or thing, whereby the right, title and interest of the Allottee created herein, may
prejudicially be affected;
vii. The Promoter has not entered into any agreement for sale and/or development agreement or
any other agreement / arrangement with any person or party with respect to the project
land,including the Project and the said Row houses, Banglows &Flats which will, in any manner,
affect the rights of Allottee under this Agreement;
viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from
selling the said Row houses, Banglows &Flats to the Allottee in the manner contemplated in this
Agreement;
ix. At the time of execution of the conveyance deed of the structure to the association of
Allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the
common areas of the Structure to the Association of the Allottees;
x. The Promoter has duly paid and shall continue to pay and discharge u n d i s p u t e d
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 Promoter in respect of the
project land and/or the Project except those disclosed in the title report.
14. The Allottees themselves with intention to bring all persons into whosoever hands the Row
houses, Banglows &Flats may come, hereby covenants with the Promoter as follows :-
i. To maintain the Row houses, Banglows &Flats at the Allottee's own cost in good and
tenantable repair and condition from the date that of possession of the Row houses, Banglows
&Flats is taken and shall not do or suffer to be done anything in or to the building in which the
Row houses, Banglows &Flats 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 Row houses, Banglows
&Flats is situated and the Row houses, Banglows &Flats itself or any part thereof without the
consent of the local authorities, if required.
ii. Not to store in the Row houses, Banglows &Flats 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 Row houses, Banglows &Flats is situated or storing of which goods is
objected to by the concerned local or other authority and shall take care while carrying heavy
packages which may damage or likely to damage the staircases, common passages or any other
structure of the building in which the Row houses, Banglows &Flats is situated, including
entrances of the building in which the Row houses, Banglows &Flats is situated and in case any
damage is caused to the building in which the Row houses, Banglows &Flats is situated or the
Row houses, Banglows &Flats on account of negligence or default of the Allottee in this behalf,
the Allottee shall be liable for the consequences of the breach.
iii. To carry out at their own cost all internal repairs to the said Row houses, Banglows &Flats
and maintain the Row houses, Banglows &Flats in the same condition, state and order in which it
was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or
to the building in which the Row houses, Banglows &Flats is situated or the Row houses,
Banglows &Flats 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 committing any
act in contravention of the above provision, the Allottee 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 Row houses, Banglows &Flats 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 Row houses, Banglows &Flats or any part thereof, nor any alteration in the elevation
and outside colour scheme of the building in which the Row houses, Banglows &Flats is situated
and shall keep the portion, sewers, drains and pipes in the Row houses, Banglows &Flats 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 Row houses, Banglows &Flats is
situated and shall not chisel or in anyother manner cause damage to columns, beams, walls, slabs
or RCC, Pardis or other structural members in the Row houses, Banglows &Flats without the
prior written permission of the Promoter and/or the Society or the Limited Company.
v. Not to do or permit to be done any act or thing which may render void or voidable any
insurance of the project land and the building in which the Row houses, Banglows &Flats 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
he said Row houses, Banglows &Flats in the compound or any portion of the project land and he
building in which the Row houses, Banglows &Flats is situated.
vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of
securitydeposit demanded by the concerned local authority or Government or giving water,
electricity orany other service connection to the building in which the Row houses, Banglows
&Flats 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 Row houses, Banglows &Flats by the Allottee for
any purposes other than for purpose for which it is sold.
ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this
Agreement or part with the possession of the Row houses, Banglows &Flats until all the dues
payable by the Allottee to the Promoter under this Agreement are fully paid up.
x. The Allottee shall observe and perform all the rules and regulations which the Society or the
Limited Company or Apex Body or Federation 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 Row houses, BanglowsFlats therein and for the
observance and performance of the Building Rules, Regulations and Bye-laws for the time being
of the concerned local authority and of Government and other public bodies. The Allottee shall
also observe and perform all the stipulations and conditions laid down by the Society/Limited
Company/Apex Body/Federation regarding the occupancy and use of the Row houses, Banglows
&Flats in the Building and shall pay and contribute regularly and punctually towards the taxes,
expenses or other out-goings in accordance with the terms of this Agreement.
xi. Till a conveyance of the structure of the building in which Row houses, Banglows &Flats is
situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter
and their surveyors and agents, with or without workmen and others, at all reasonable times, to
enter into and upon the said buildings or any part thereof to view and examine the state and
condition thereof.
xii. Till a conveyance of the project land on which the building in which Row houses,
Bungalows &Flats is situated is executed in favour of Apex Body or Federation, the Allottee
shall permit the Promoter and their surveyors and agents, with or without workmen and others, at
all reasonable times, to enter into and upon the project land or any part thereof to view and
examine the state and condition thereof. 15. The Promoter shall maintain a separate account in
respect of sums received by the Promoter from the 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.

16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant,
demise or assignment in law, of the said Row houses, BungalowsFlats or of the said Plot and
Building or any part thereof. The Allottee shall have no claim save and except in respect of the
Row houses, Bungalows &Flats hereby agreed to be sold to him and all open spaces, parking
spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter
until the said structure of the building is transferred to the Society/Limited Company or other
body and until the project land is transferred to the Apex Body /Federation as hereinbefore
mentioned.

17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter
executes this Agreement he shall not mortgage or create a charge on the Row houses, Bungalows
&Flats 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 rights and interest of the Allottee who has taken or agreed to take such Row houses,
Bungalows &Flats.

18. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoter does not
create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee
signs and delivers this Agreement with all the schedules along with the payments due as
stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and
secondly, appears for registration of the same before the concerned Sub- Registrar as and when
intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this
Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear
before the Sub-Registrar for its registration as and when intimated by the Promoter, then the
Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified
within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee
shall be treated as cancelled and all sums deposited by the Allottee in connection therewith
including the booking amount shall be returned to the Allottee without any interest or
compensation whatsoever.

19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures,
constitutes the entire Agreement between the Parties with respect to the subject matter hereof and
supersedes any and all understandings, any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the Parties in regard to the said Row
houses, Bungalows &Flats.

20. RIGHT TO AMEND This Agreement may only be amended through written consent of all
the Parties.

21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE /SUBSEQUENT
ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect of the Project
shall equally be applicable to and enforceable against any subsequent Allottees of the Row
houses, Bungalows &Flats, in case of a transfer, as the said obligations go along with the
Row houses, Bungalows &Flats for all intents and purposes.
22. SEVERABILITY If any provision of this Agreement shall be determined to be void or
unenforceable under the Act or the Rules and Regulations made thereunder or under other
applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far
as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to
conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case
may be, and the remaining provisions of this Agreement shall remain valid and enforceable as
applicable at the time of execution of this Agreement.

23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER
REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the
Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be
in proportion to the carpet area of the Row houses, Bungalows &Flats to the total carpet area of
all the Row houses, BungalowsFlats in the Project.

24. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and
deliver to the other such instruments and take such other actions, in additions to the instruments
and actions specifically provided for herein, as may be reasonably required in order to effectuate
the provisions of this Agreement or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant to any such transaction.

25. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its
execution by the Promoter through its authorized signatory at the Promoter Office, or at some
other place, which may be mutually agreed between the Promoter and the Allottee, in prescribed
time under the Registration Act after the Agreement is duly executed by the Allottee and the
Promoter or simultaneously with the execution the said Agreement shall be registered at the
office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at
Aurangabad.

26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance at the
proper registration office of registration within the time limit prescribed by the Registration Act
and the Promoter will attend such office and admit execution thereof.

27. That all notices to be served on the Allottee and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by
Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective
addresses specified below:
Name of Allottee : ___________________
Notified E mail ID: ___________________________
Promoter name : A Q INFRASTRUCTURE PRIVATE LIMITED
Seema Nursing Home, Azam Colony, Roshan Gate, Aurangabad.
Notified E mail ID: dr.agquadri@gmail.com
It shall be the duty of the Allottee and the promoter 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 promoter or the Allottee, as the case may be.

28. JOINT ALLOTTEES
In case, there are Joint Allottees and all communications shall be sent by the Promoter to the
Allottee whose name appears first and at the address given by him which shall for all intents and
purposes to consider as properly served on all the Allottees.

29. Stamp Duty and Registration
The charges towards stamp duty and Registration of this Agreement shall be borne and paid by
the Allottee.

30. Dispute Resolution:- Any dispute between parties shall be settled amicably. In case of failure
to settled the dispute amicably, which shall be referred to the Authority as per the provisions of
the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder.

31. That the provisions of The Real Estate (Regulation and Development) Act, 2016 is made
applicable to all the real estate or housing projects in State of Maharashtra and for the purpose of
registration 03 Months time is given to all the Builders/Promoters. The Promoter herein is in the
process of preparation of Compliance and has started working on all the formalities of
registration of their project under the said Act. That the Allottee has requested to execute
Agreement of Sale in his favour and further agreed and undertakes that the entire statutory
obligations on the part of Allottee shall be binding on him and he will abide by the same without
any demur to which the promoter consented and accordingly the Promoter and the Allottee have
mutually decided to enter into this Agreement for Sale according to the model form of
Agreement prescribed in Annexure ‘A’ of the MAHARERA Rules, 2017.

32. GOVERNING LAW
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. IN WITNESS WHEREOF
parties hereinabove named have set their respective hands and signed this Agreement for sale at
Aurangabad in the presence of attesting witness, signing as such on the day first above written.
First Schedule above referred to
Description of the property
All piece and parcel of Land forming part of C.T.S. No. 19048/2 at Padampura, Near Paithan
Road, Aurangabad
admeasuring 8021.20 sq. mtrs. situated within the jurisdiction of Sub – Registrar of Aurangabad
and within the territorial limits of Municipal Corporation of city of Aurangabad a housing project
known as “AQ TOWN” and bounded as under :-
On or towards East : Plot Bearing C.T.S. No.19048-2/1 & 9048-2/2 .
On or towards West : C.T.S. No. 18836.
On or towards North: 12 MTRS Wide Road.
On or towards South: Land of Agriculture School
Second Schedule Above Referred to Description of common areas and facilities
1. WATER TANK:
Underground Water tank and Overhead water tank.
2. LIFT:
Two Lifts for flatted buildings.
3. PARKING:
Parking area with parking tiles.
4. SECURITY CAB:
Security Cabin for the building.
SIGNED AND DELIVERED BY THE WITHIN NAMED
Allottee: _________________________
At Aurangabad on __________________
SIGNED AND DELIVERED BY THE WITHIN NAMED
Promoter: A Q INFRASTRUCTURE PRIVATE LIMITED
(Director)
WITNESSES:
Name ___________________
Signature ___________________
Name ___________________
Signature ___________________
SCHEDULE ‘A’
Description of Row houses, Bungalows &Flats
All the piece and parcel of ___ BHK Row houses, Bungalows &Flats No. _____, on ______
floor,
admeasuring ______sq. mtrs. of Carpet area.
Bounded as:-
On or towards the East:
On or towards the West:
On or towards the South:
On or towards the North:
SCHEDULE ‘B’
Floor Plan of the Row houses, Bungalows &Flats
ANNEXURE A - Copy of Index II of Development Agreement & General Power of Attorney.
ANNEXURE B - Copy of 7/12 extract.
ANNEXURE C-1 - Copy of the Approved Layout plan of Land.
ANNEXURE C-2 - Copy of Proposed Layout Plan of the Project.
ANNEXURE D - Copy of the plans and specifications of the Row houses, Bungalows &Flats.
ANNEXURE E - Specification and amenities for the Row houses, Bungalows &Flats,
SPECIFICATIONS
1. STRUCTURE:
A Class Earthquake resistant structure
2. WALLS
a) 9” thick brick wall for external.
b) 4” thick internal wall.
3. PLASTER
Externally sand faced plaster and internally neeru finished cement plaster and one
drawing room POP.
4. DOORS:
a) Decorative Main Door with Teak Wood Frame.
b) Good Quality Internal Flush Doors with wooden/ granite frame
5. FLOORING:
Vitrified tiles in all rooms. Antiskid tiles tiles in bathroom.
6. KITCHEN:
Kitchen Platform in Granite top and Stainless Steel Sink.
7. GLAZED TILES:
In Bathroom/ W.C. light colored/designed tiles upto door height and in kitchen 4” height
above the kitchen otta.
6. PLUMBING:
Concealed Plumbing with hot and cold water mixture, shower in Bathroom & Orissa type
W.C. & European Pan with premium CP fitting in attached toilet.
7. ELECTRIFICATION:
Concealed wiring with good quality and standard modular ISI marked switches.
8. WINDOWS:
Windows sill with granite/ Marble, powder coated aluminum windows with decorative
M.S. and safety grills.
9. PAINTING:
Plastic paint for all rooms and external wall with waterproof cement paint.
10. LOFT:
One Loft in Bedroom and Kitchen.
RECEIPT
Received of and from the Allottee above named the sum of Rupees _________/- (Rupees
______________________only) on execution of this agreement towards Earnest Money Deposit
or application fee.
I say received.




FOR A Q INFRASTRUCTURE PRIVATE LIMITED
(Director)