L AGREEMENT TO SALE gETWEEN Mrs. Amruta Swapnil Kulkarni Age: 31 years Occ: Business PAN No.: AHKPV 5948H R/o. Ramanand Colony, Aurangabad. (Hereinafter called as 'PROIV'IOTOR/GMNTOR/OWNER', which expression shall mean, include alt its Directors, their heirs, successors, representatives, executors, admlnlstrators & asslgnees etc.) ANP Mr n/o -----------------------'.-..-.--', herehafter referred to as "th€ lJnlUl.lnlt- Purchaser" of the other Part, (whlch expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, executors and administrators) TITLE FLOW OF THE PROPERTY IIAIIE OF THE PROJCCT .liABALAXiII SAUEHAGYA" DETAIL.s OF THE PRO'ECT Number of Units I l2 Number of floors : 04 Name of the Bulldlng: 'MAHALAXT'41 SAUBHAGYA" Description of Plot on which the bulldlnq ls conskucted the Plot No. 83 admeasuring 375 Sqm. part of Gut No. 168 of Village Satara Tq. & Drst. Aurangabad SCHEDi'IE - B "i,lAllALAXrl SAUEHAGYA" AREA STATEiiEI{T AND WHEEREAS th€ Promoter/Developer has entered into a standard Agreement with an Architect registered with th€ Councll or Architects and such Agreement is as per the Agr€€ment pr€scribed by the Councll or Archltects; AND wHEREAS th€ Promote/Developer has appolnted a structural Engineer for the prepa.ation of the structural deslgn and drawhgs of the buildlngs and the Promoter/Developer accepts the professional sup€rvlsion of the Archlt€cts and the structural Engine€r till the comolelon of lhe building/buildings. ANO WHEREAS by vi4ue of the above referred Sale Deed the Promotey'Develop€r alone has the sole and excluslve flght to sell the flats ln the sad building to be constructed by the P.omoter/Developer on the said land and to e.ter into Agreem€nvs with the purchaser/s of th€ flats to recerve the sale prrce ANO WHEREAS the Flat Pu.chas€r d€manded from the Promoter/Oeveloper and the Promoter/D€veloper has given insp€ction to the Flat Purchaser of all the documents listed in aNNEXUE D of title relating to the sald land & has also p.ovided th€ one set of Photo Copy to the Ftat Purchaser. ANO WHEREAS the Copies of Certlticate ol Tltle lssued by the Advocate of the Promoter/O€v€lop€r, copies of Property Card or any other relevant revenue record showing the nature of the title of the Promoter/Oeveloper to the said land on which the flats are constru€ted or are to be constructed and the coptes of the plans and specifications of the Flat aqreed to be purchased by the Flat Purchaser approved by the €oncerned local authoriw have been aonexed hereto and marked Annexure 'A', 'B' & 'C', respectively, The Ftat Purchaser has examined the true, rights, interest, ctaims of the promote/oevetoper to the said tand and has s€€n the documents of tiue in the Promotey'oevelop€r's possession, The I,urchas€r has fully satisned with the Promoter/Develop€r's right, lnterest and title in the prop€rty. The P!rchaser has taken inspedion or the plans and speclftcarions of the proposed construcuon and whtch have been approved by the aurhority. The purchaser has also perused the lay-out plan of houslng scheme, proposed hternal roads, amenittes, fa(itities proposed to be provided h the scheme and purchaser fu y satlsiled aDout it. aND WHEREAS the Promoter/Develops has got approved from the concerned local authority th€ 9lans, the specifications, etevarions, sections and detalls or the said buitdtng/s. AND WHEREAS whil€ sanctioning the said plans concerned local authority and/or Government has laid down cedain terms, conditions, stiputations and restrictions which are to be obs€rved and performed by the Promote/O€veloper while developing the said tand and the said buitding and upon due observance and performance of whlch only the compl€tion and occupation certilicates in respect ofthe sard building/s shall be granted Dy the concerned localauthority, ANO WHEREAS th€ Promoter/Developer has accordiogly commenced constructton of the said buitding/s in accordance wtth the said ptans. ANo WHEREAS the Flat Purchaser applled to the Promoter/Developer lor allotment to the Flat pu.chaser of Fl6t No, ---, having carp€t area admeasurtDg --'Sq Meter, on __-__ Floor,-in the bulldlng known as "MAHALAXI.4I SAUBHAGYA" constructed on ptor No. 83 admeasuring 375 Sq'm. ;art or cut No. 168 of Village Satara Tq. & Dist. Aurangabad. Wna"EoS the.D€veloper has agreed to se and rhe purch.ser has agreed to purchase the said property at or for rhe prlce ,^.._--l"O or Rs. ''_-_-_-/- (RUp€es ----------.-.--onry) upon the terms and sublecr to the conditions hereinafter appeanng. aND WHEREAS pnor to the executlon of th€se presenls the Flat Purchaser has paid to th€ p.omote/Dev€toper a sum of Rs. - -.'--' only), by ch€que deraited as b€low :- ----------l- (RL,pees ---- Cheque Date Cheque No Name of the Bank I, : n tl,: 2 being palt payment of the sale price of the flat agreed to be sold by the Promoter/Oev€loper to the Flat Purchas€r as advanc€ payment or deposlt (lhe payment and recelpt whereof the Promoter/Developer both hereby admit and ackno$ledge) and the Flat Purchaser has agreed to pay to the Promoter/Develope. the balance of the sale prlce in the manner herelnafte. appearing, aND WHEREAS under section 9 ol the said Act the Promoter/Oeveloper is requlred to e)@cute a wrltten agreement for sale of said flat to the Flat Pu.chaser, being h fact these presents and also to register said Ag.eement under the Reqlstration Act, 1908, NOw THIS AGREETTENT WITNESSETH ANO IT 15 HEREBY AGREED BY AND BETWEEN THE pARTIES HERETO AS FOTLOWS:- The Promoter/oeveloper shail construct the said bultdlng/s consirting of 4 Floors on the sald land in accordance with the plans, designs and speclflcatiods as approved by the concemed local authorlty from time to tlmel 2 The Flat Purchaser hereby agreed to purchase from the Promoter/Developer and the Promoter/Developer hereby agrees to sell the Flat No, . having carpet area adm€asunng --- 5q. l4eter, on ---- Floor,-in the bulldlng kno\4n as'llAHALAXMl SAUBHAGYA" constructed on Plot No. 83 adm€asuring 375 Sqm. part ot Gut No. 168 or vlllage Satara Tq. & Dln. Aurangabad as shown In the rloor plan thereof hereto annered and marked Annexu.e D/Flat No. --, having carpet area admeasuring -'-. sq. Meter, on ----- Floor,-in the building known as'MAHALAXMI SAUBHAGYA" constructed on Plot No. 83 admeasunng 375 Sqm. part or Gut No. 158 ol Villag€ Satara Tq. & Oist. Aulangabad. Auilding (hereinafter referred to as "the Flat") for the price of Fr. -------l- (Rupees -----------only) which lnclud€s th€ proportionat€ pric€ ol the common areas, facllitles appurtenant to th€ premlsesr and common Parklng Space the nature, enent and description ol the common/limited common areas and facllltles which are more partlcularly d€scribed in the Second Schedule annexed herewith. The Flat purchaser hereby agrees to pay the balance amount of Rs. ------l' (Rupees ------------- only) to the Promoter/Developer after execution of thls Agreement in the followlng manne - 5r. lio Payment Stage 1 (1090 of the transaction prlce) to be paid to the P.omot€r on or before the eteortion of 2 (30% of the transaction prlce) after execution of this Agreement to Sale 3 (459t of the transaction pnce) to be paid !o the Promoter on compl€tion of the Pllnth of the building or wln9 in which the sald Un'Vshop/Unlt is located (70% of the Eansaction price) to be paid to the Prohoter on .omptetlon of the slabs including podiums and stilts of the burldrng or wing in whlch the sald Univshop/Unit is located 5 750lo of the transaction prlce) to be paid to the Promoter on completion of the walls of the buildlng or wlng ln which the sald Unlvshop/Uolt ls located 6 (80% ot the transactlon p ce) to be paid to the Promoter on completon of the exte.nal plaste., stai. case, lift, walls, lobbies up to th€ floor l€vel of the said apanment. 7 (85% ot the transaction price) to be paid to the Promoter on compl€tion of the external plumblng and ht€rnal plaster, elevatlon, terrace wlth water proofing of the building or wing in whlch the said univshop/unlt ls located 8 (9596 of the transaction price) to be paid to the Promoter on completion of the lifts, water pumps, electrical fiftings, electro, mechanicrl and envlronmental r€qulrements, entrance lobby/s, plinth protection, Sanitary fittings, appertaln and all other requlrements as may be descrlbed ln the AEreement to Sale of the bullding or wlng ln which the sard apartment is 9 (Remaloing Amount) at th€ tlme of handlng over of the possession ot the Unlvshop/Unit to the Unlvshop/Unlt Purchaser on or after recelpt of occupation certifi€ate or completton The Promoter/Developer hereby agrees to obseNe, perform ano comply with all the terms, conditions, stipulations and restrlctrons tf any/ which may have been imposed by the concerned local authority at the tlm€ ot sanctioning the sald plans o. thereafter and shall, befo.e handllng over possession ol the Flat to the Flat Purchaser, obtaln from the concern€d local authority occupatlon andlor completion ce(llicales in respect of the unlts, 3 The Promoter/Developer hereby make full and true dlsclosure of the nature ol hls tltle to the sald land as well as encumbrances, if anyi includlng any rlght, tltle, lnlerest or clalm of any pa.ty h or lrom all encumbranc€s and rhat the Promoter/Developer has/have absolute, €lear and marketable title lo the sald land so as to enable him to on the executlon of a Sale Deed/De€d of Apartment ol the sald Flat by the Promoter/Develoger ln favour the purchaser. The Flat Purchaser agrees to pay to the Promote/Develoger interest at 5BI lendlng rate + 2% extra p€nalty thereon per cent per annum on all the amounts whlch become due and payable by the Ftat Purchaser to the Promote./Oeveloper unde. the terms ol thls Agreement from the date the said amounts is payable by the purchaser to the Promoter/Developer. On the Flat Purchaser commltting default ln payment on due date of any amount due and payable by the Flat Purchaser to the Promoter/Oeveloper under thls Aqreement (lncludlng hlyher propotionate share of taxes levied by concerned local authority and other outgolngs) and on the flat Purchaser commltting breach of any of the tems and condltlons herein contained, the Promoter/Developer shall be entitled at hls own optlon to terminate thls agreement: Provlded that, th€ power of termination herelnbefore contained shall not be exercised by the Promote/oev€lop€r unless and untrl the Promoter/Developer shall have glven to th€ Flat Purchaser Fifteen days prtor notice in writing of hls lntentioo to termhate this Agreement and of the specllic breach or breaches of tems and conditlons in respect of which lt ls intended to termlnale the Agreement and delault shall have been made by the Flat Purchaser. provtded furth€r that upon termhatton of thrs Agreement as aforesaid, the Promoter/O€veloper shall refund to the Flat Purchaser the lnstallments of sate prtce of the Ftat which may ttll then have been pald by the Flat Purchaser to the Promoter/Developer but the Promoter/Develop€r shall not be abte to pay to the Flat Purchaser any lnterest on the amount so retunded and upon termlnatlon of thls Aqreement and refund of aforesald amount by the promote/Oeveloper, the Promotey'Developer, shall be at Iiberty to dispose of and sell the Flat to such person and at such price as the Promoter/oevelooer may in hls absolut€ discretion thlnk fit. 5 The fixture and fiLtings with regard to the flooring and sanitary fittings and amenities like lifts wlth Particulars like brand, or Price range to be provided by the promoter/Devetoper in the sard bulldlng and the Flat ar€ those thal are set out in annexu re 'E' annexed her€to. The promoter/Devetoper shall gtve possesslon of the Flat to the Pu.chaser of Phase_I on or before 31,12.2024 If the Promote/oeveloper falls or negtects to gtve possesston ot the Fiat to the Purchaser on account of reasons beyond his control and of hls agents as per the provlslons of the Real esi'ate (negutatrirn and Devetopment) Act, 2016, then the Promoter/Oeveloper shall be liable on demand to refund to the Flat Purchas€r the amounG ai.eady recelved by hlm tn respect of th€ Flar wrth interest at 5BI lending rate + 2% extra penalty th€.eon percent Per annum Tlll the enthe amount ;nd interesr rlher€on ls refunded by the Pmmoter/Developer to the Flat Purchaser there shall, sublect to pnor €ncumbrances lf anv, be a charge on the said flat as well as the construdron or bullding in whi.h the Flats are situated or w.re to be situated: provided that the p.omoter/Devetoper shalt be entltled to reasonable €xtenslo^ of time for glvhg delivery of Flat on the aforesatd date, if th. completion of building in which the Flat is to be sltuated is delayed on account oF 3 (i)Non-availabalty ol steel, other buildhg material, wate. or etectric sut,pty; (ii)wa., Civ.l Commotion or act or God; (iii)Anv notice, order, rule, notjrication of the Government andlor other public or .ompetent authority, any prohibitory order or any court agarnsr development ot property 8, The Flat Purchaser shall take possession of th€ Flat within 15 days ol the Promoter/Developer gtvlng written notice to the Ftat purchaser through email, SMS or through whatsapp tnttmating that the sald Ftats are .eady ror use and oc€upltio;: The Promoter will be llabl€ for R.C.C. srructural defects for Rve yea6, €xcepr the folowing defect tiabl ries. . DEFECT LI BITTTY If withln a pertod of fiv€ y€ars from the date of handlng over the apartment to the unrt Purchas€r, th€ Unit Purchaser brings to the notice of the Promoter any st.uctural defect in the Apartment or the bullding h which th€ Apartment are situated o; any defects oo accosnt of workmanshlP, quality or provislon of service, then, wherever possible such defects shall be rectlfl€d by tha Promoter at hls own cost and h case rt ls not possible to rectify such defects, then the lJnit Purchaser sharl be entifled to recelve from the Promoter, compensation for such defect n the manner as provlded under the Act. Provid€d however, that the Unit Purchaser/s shalt not carry out any atterations oI the whatsoever natu.e in the said apartment ot phase/ wlng and in specifl€ the structur€ of the said uoiu wlng/ phase of the said buitding which shal inctude but not thit to columns, beams etc. or in lhe rllttngs therein, in pa(lcular it is he.eby agre€d that the Unit Fr.chase./s shatt not make any alt€rations h any of the fittings, pipes, water supply conn€dions or any erecllon or alreration in the bathroom, toitet and kttchen, which may result in seepag€ of th€ water, If any of such rvorks are carned out without the wrrtten consent of the Promoter the defect liability automatically shall b€come void, The word def€ct here means only the manufacturhg and workmanship defecvs caused on account ol wilful neglect on the part ot the Prornoter, and shall not mean detecvs caused by normat wear and tear and by negllgent use of apartment Dy the Occupants, vagarles of nature etc. That lt shall be the responslblllty of the unit Purchas€r to maintain his unit in . prop€r manner and rake all due ca.e needed includlng but not limiting to the Joints in the tites in hts flat ar€ regutarty fltted wlth white cemenv€poxy to prevent warer seepa9€. d Further where the manufacturer warranLy as shown by th€ devetoper to the Untt purchaser ends before the d€tects tiabitity period and such warranties are covered under the maintenance or the said uniVbuildiog/phas€/ wing/ and rf the annuat mainrenance contracts are not done/renewed by the Unit Purchaser/s the promoter shalt not b€ responsibte for any defects occurflnq due to That the proj€ct as a whole has been conceived, deslgned and construcled based on the commttments and warranties gtven by the vendors/ manufacturers that all equlpment's, fixtures and flttings shall be malntained and covered by maintenance/warranty contracts so as it to be sustahable and in prop€r worklng condrtion to contlnue warranty in both the flats and the common project amenltl€s whereve. applicable. f. That the Unit Flrchas€r has been made aware and that the lJnit Purchaser expressly agrees that the r€gular wea. and tear of the univ bulldlng/ phase/ wing includes minor hairline cracks on the €xtemal and internal walls ercluding the RCC structure whlch happens du€ to variation in tempe.ature of more than 20+c and which do not amount to structural defeds and hen€e cannot be attributed to either bad workmanshlp or structural def€ct. It is expressly agreed that before any liabiljty ol defect ls clahed by o. on behalf of the lJnrt Purchaser/ it shall be necessary to appo'nt an expert who shall be a nominated suNeyor who shall siNey and assess the same and shall then submlt a report to state the d€fecG ln materials used, h the structure bullt of the uniuphas€/ wlng and in the workmanshtp executed keephg in mind the aforesaid agreed claus€s of this agreement, 9 The Flat Purchaser shall use Flat or any part thereof or permlt the same to be used only for purpose of Flats/Unit, He shalt use th€ garage or parking space only for purpose of ke€ping or pa.king rhe Flar Purchaser,s. 10 Ihe Flat Purchaser alonq with oth€r purchasers of flats in the bulldlng shall join in formlng Association of tlat OwneG to be known as "i4AHALAXHI SAUBHAGYA" and for this pu.pose also from time to time sign and execute the application for reglstratlon and/or membership and the other papers and documents ne(€ssary lor the fomation of th€ Assocaation of llat Owners and for becomlng a member, including the 'bye-laws or the proposed Associatlon of rlat Owners and duly fitt rn, stgn and return to the promoter/Devetoper within 15 days ot the ;me belnq fomarded by th€ Promoter/Developer to th€ Flat Purchaser, so as to enable the Promoter/oeveloper to regtster th€ organization of Ftat purchaser under s€ction 17(2) of rhe Rear Esrate (Regutanon and Oev€topmenr) Act, 20t6,. No. oblection shal be taken by the Flar Purchaser rt any changes or modifications are made in the draft bye.laws, as the (ns€ may be, or any other Comp€tent Authority. 11 The lJnit PurEhaser shall on or before dellvery of poss€ssion of the sald premises k€€p deposired with the promote/Vendor the fo owing Sr. No I Oocument Regrstration 2 3 Electrtc t4eter tnstallation charges 5 societY llaintenance Deposit Rs 12. The unlt F\'/rchaser shall pay to the Promoter/v€ndor, the above sum + GsT + at actual ProportioDate project rnsurance charges all legal costs, charges and expenses, Includhg professional costs of the Advocares of the Promoter/vendor in conndtion with formalo;oi the said Society, or as the case may be, Llmited company, preparlnq its rutes, regutaflons and bye,taws and the cost of preparing ana eng.ossing rhls Agreement and the sate oeed. 13. at the tlme of.egistration of unlt Purchaser shall pay to the Promoter/vendor th€ lJntt purchasers,share of stamp duty and registration €harges payable, by the said Socrery or umited company on the conveyance or tease or any document or instrum€niof tl;nsfer ln respect or rhe sard rand and the Buldtng to be execured in favour of the Society o; Limtted Company. 14 The unit Purchase/s or hlmself/thems€lves with int€ntlon to bring att peBons into whosoever ls hands the unit may come, he.eby covenants wtth the promot€r/Vendor as fo ows:- (a) To maintain the unit at the unit Purchaser's own cost in good and tenantabte .epair and condtion from rhe date that of possession of the Unlt ls taken and shall not do or suffer to be done anything in or to the buitdhq in whrch th€ unrt ts riruar€d whi.h mav hp against the rules, regulations or bve-laws or €hange/alter or make aoittron in or to tre ouiro,ng ,n *hiir' ine ;.-il;il;; Itself or any part thereor without rhe consenr of the tocat authoriles, r requked. a;it ;;il; (b) Not to store ln.the lJnrt any goods whrch a.e of hazardous, combustibte or dangerous nature or are so heavy as to damage the construchon or structure of the buildlng ln whlch the unit siruated o; sbring of whrch go;ds rs objected to by the concerned locat or-;the; authoritv and sharr take care whle carryrnq heavy packages's which may dama;e or tik;ry i; other structure or the buildrns in which the un't ,s $tua6d, ino ud ing ;ntr.n.ii d;mage-the stahca;es, comm;" tr," ti,,rii.g in which the lJn,t L situutua ;;.6"; ";;"; d'mage 6 caused to the bu'lding rn which the un( is s'tu;ted o. r,-e unit or aicou"t "i i,ii".e i"i b€half, the Unit Pu.chaser shatt be tiabte for the consequences of the breach. J.ljrrg.".u o, o.rurrr of the unrr ""0 purchaser i; ih,l (c) To car.y o'rt at his own cost all lnternal repairs to the sald t,hit and maintain the unit in the same condition, stdte and order in whrch rt was delivered bv the Promoter/vendor to the L,nit purchaser ano Purchaser and shall not do or suffer to be donE anvthing in o. to the buitding sr,aii noi oo or suner to be done *tu,id i;;.];fi;i;;i to the rules and regutauons and by€-taws of the con;erned tocat aurhoriti, in,t,i.t ite u"rt rs srtuared or th€ unri whiir, rn"v u. ionti".v . oir,l.- pi, oii. i,,n",itv. rn the ev€nr or rhe unir purchaser 4 €ommitting any act h contravention of the above provlsion, the l.lnit Purchaser shall be responsible and llable for the consequences the.eof to the concern€d local authorlty and/or other publlc autho ty. (d) Not to demollsh or cause to be demollshed the Unlt or any part thereof, nor at any tlme mak€ or caus€ to be made any additlon or alt€ration of whatsoeve. nature in or to the Unlt or any Dart thereof, nor any alte.atlon in the elevation and outslde colour scheme ofthe building h whrch the Unlt ls situated and shall keep the portlon, seweE, drains and plpes ln the Unit and the apputenances thereto rn good tenantable repalr and condition, and in pa.ricular, so as to support shelter and protect the other parts of the bulldlnE ln whlch the unlt ls situated and shall not chlsel or In any other damage to columns, beams, walls slabs or RCC, Pardis or other structural membeB in the unit without the prio. written permrsslon ot the Promote/vendor andlor the Soclety or the umit€d company. (e) Not to do or p€rmit to be don€ any act or thlng which may render void or voidable any insurances of the sald land and the building in which the Unit is situated or any pan thereof whereby any increas€d premlum shall becom€s payabte in respect ot the insurance. (f) Not to throw dirt, rubbish, rags, gatuage or other refuse or permlt the same to be thrown lrom the sald lJnlt h the compound or any portion of th€ sard land and the building in which the unlt is srtuated. (S) Pay to the Promoter/Vendor withln Flfteen Oays of demand by the Promoter/Vendor, his share of security deposlt demanded by the concerned local authority or Government or 9lvlng water/ electricity or any other service connection to the bulldlng ln whlch the Unit is (h) To bear and pay lncrease In lo.al tax€s, wat€r Charges, lnsurance and such other levles, lf any, whlch are hposed by the concerned local authorlty and/or Government and/or other public authonry, on account of chanqe ot user of the Unlt by the Purchaser to any purposes other than lor resldential purpose. (D fhe Unlt Purchaser shall not let, sub.let, transfer, assign or pa( with lnterest or benefit factor of this Agreement or part wlth the possession of th€ Unlt untll alt the du€s payable by the Unit Purchaser to the Promoter/vendor under this Agre€ment are rully paid up and only lf the Unlt Purchaser had not been gullty of breach of or non-obseryance of any ol the terms and conditions ot thls Agreement and until the Unil Purchaser has htimated in writing to the Promoter/vendor. U) The Un[ Purchaser shall observe and perform all the rules and regulatlons whlch the Society/Association or the Lhlted Company may adopt at lts lnceptlon and the addltlons, alteratlons or amendments thereot that may be made from the to the for protectton and maintenance of the sald bulldinq and the Unit thereln and for the observance and performance or the Bulldlng Rules, Regulatlons and Bye- laws for the time belng of the con€erned local authorlty and of Government and other publlc bodles. The Unlt Purchaser shall also observe and peform all the stlpulations and conditlons lald down by the society/Limited company regarding the occupation and use of the unit ln the Building and shall pay and contrlbute regularly and punctually towards the taxes, exp€nses or other outgorngs ln accordance wlth the tems (k) Ttll a conveyance of the building in whlch Unit is sibrated is executed the Unit Purchaser shall permit the Promoter/vendo. and their suN€yors and ag€nts, wlth or without worlfien and others, at all reasonable thes, !o enter and upon the said land and bulldlngs or any part thereof to vlew and eramine ure state and condltlon the.eor. 15, The Promoter^endor shall mahlaln a separate account in respect of sums received by the Promoter/vendor from the unit Purchaser as advance or deposit, sums rec€lved on account ot the share capltal for the gromotion of the Association or towards the outEoings/ legal charges and shall utilize the amounts only for the purposes for which they have been received, 15, Nothlng contahed 'n this Agreement Ir lntended to be no. shall be construed as a grant, demise or assignment ln raw of the said Unit or of the sald Plot and Building or any part thereof, Th€ Unlt Purchaser shall have no clah save and except h respect of the Unlt hereby agr€ed to be sold to hlm and all open spaces, parklng spaces/ loobies, staircases, terra€es recreation spac€i will remaln the property of Promoter/Vendor until the said land and building ls transf€ff€d to the Association or other body as hereinbefore mentloned, t7. Any delay tolerated or indulgenc€ shown by the Promoter/Vendor in enrorclng lhe terms ol this Agreement or any forbearance or giving of time to the l.lnlt Purchaser by the Promorer/vendor shall not be construed as a Ealver on the part of the Promorer/vendor of any breach or non-compllance of any of the terms & conditlons ol this Agreement by the Unlt Purchaser nor shall the same ln any manner prejudic€ the rights of th€ Promoter/Vendor. 18, The Unit Purchaser andlor Promoter^endor shall present this agreement as well as conv€yance/assiqnment of lease at the proper registratlon offlce of reqlstratlon wlthln the ttme lhlt prescribed by the Reglstratlon Act and the Promote/vendor wlll attend such office and admlt execution thereof. 19. lf ln luture any FSI lncreases, ln that cas€ th€ P.omoter/Vendor shall hav€ every nght to construct the sald FSI on the said building and the unlt Purchaser under this Agreement has given his written consent for the same. 20. lf Promoter/vendor shall make any changes ln the elevation, sanctlon plan, floor plan or obtain any revlsed sanction from the competent autho ty, ln that case, Promoter/Vendor shall hav€ every right and liberty to make necessary changes in the O€€d of Declaratlon as well as rn the percentage of proportronate share of the unit prrrchaseG in the plot and common areas and amenltles of lhe proJecr and rhe purchaser under this agreement has given his wrltten consent for the same & lf ln future Promoter/vendor wants to execute oeed of Declaration or revlsed Deed of Declaration in that cause he has tull authority, right & llberty to execute the same, Furthe. under this Agreement, the pu rchaser u ndertake & assures to the Promoter/vendor that in the sald cause, if the Promoter/vendor needs to execute any conection deed to thls agreement as well as any other document the purchaser shall coor,erate to the Promoter/vendor ,or the execution of the said documents. ln future if the floor space index (FSI) or transfe. of development rghts (TDR) rs granted by the t4unicipal Council or Hunlclpal Corporation, Au.angabad, then the area availaDle for addrtronal constructlon wil be utilized by the Developer alore and the Developer can transfer said FSI from the said bullding to another property or can sell the said FSI to the respective purchaser who are interest€d to purchase lt & to put additional const.uctlon on the said building as may be allowed by the municlpal corporatlon and to sell or otherwis€ deal wlth same. lf any additlonal F.S.I / TOR becom€ available ln future, the Developer wlll be entitle to avail & consume the same. lI the Developer/Promot€r wants to amend the Deed of Declaration, ln that cause, the purchase. has no objection to make amendment in the r€gistered deed of declaration & has also no objection for making revised constructlon plan & under this agreement the purchaser has 9iven his written unconditlonal consent to the promoter for the sald changes. That Promoter shall be at liberty to amend the deed of Declaration as and when requlred at any time till all units h are sold and transfered to the prospective purchasers. No purchaser will b€ €ntitled to object for such amended d€claration and it will be binding on all the purchasers i.respectlve of their dat€ of purchase. If there is reductlon of more than 30,6 of the actual area drmensions of any Flat against the area specified in Schedule due to change/vartatlon of the design, the price of the sald unlt wlll be reduced proportronately and vlce_a_versa. The promoter may apply for parvfull completlon as per hls description and wlll furntsh the copy of same to the purcnaser as and when the completlon certiflcate either part or lull ls issued by the competent authority. 21. At the time of registration of Flat Purchaser shall pay to the Promoter/Developer the stamp duty .nd reglstratlon charges PaYable, on the document or lnstrument of transfer in respect ot the sald UnlVUnivAPartment 22 Ihe Ftat Purchaser/s or himseltthemseves with htentlon to bring all peEons into whosoever in hands the Flat may come, herebY covenants with the Promoter/Developer as follows:- (a) To b€ar and pay tncrease in iocal taxes, water charges, insurance and such other levies, lf any, which are lmpos€d by the concemed purchaser to any tocal authority andlor Govemm€nt and/or other publlc authonLy, on account of change of user ol the Flat by the pu.poses othe. than for residential purpose. (b) The Ftat purchaser shal not let, sub.let, transferi assrgn or part wlth hterest o. ben€flt fa€tor of thls Aqreement or part wlth the po;session of the Ftat untit a rhi dues payabte by the Flar Purchaser to the promot€r/oeveloper under thls agreem€nt are fullv paid up ;nd onty tf the Ftat purchaser had not been gutlty ol breach of or non-obseruance ol any of the terms and condltlons of thls Agreement and unril the Flat Purchaser has intimated ln writlng to th€ Promoter/D€v€loper. The Ftat purchaser and/or promoter/Developer shall pr€sent thrs Agreement fo. its proper reglstration omce of reglstratlon withln the ume rin1tt piir.iro.J Uv ttre n"gtstrarion Act andihe Prcm;ter/Developer witl attend such offlce and admit exeortlon thereof. j sl'l 5 24 All notices to be seded on the Flat Purchaser as contemplated by this Agreement shall be deemed to have been duly serued lf sent to the Flat Purchaser by Regtstered Post A,O./ under Certlflcate of posting at his/her address specified below or shatt serve the sard communjcation through email: 1 M.s 2 M. 25 II IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN IHE PARTIES hereto that the terrace space in front of or adlacent to the terrace flats in the sald bulldlng, ll any, shall belong exclusrvely to the respectlve purchaser of the terrace flat and such terrace space are lntended for the excluslve use of the .espectlve terrace Flat Purchaser. The Sald terrace shall not be enclosed by the Ftat Purchaser titt the permission in writlng ls obtalned from the concern€d local authority and the Promoter/Devetoper or Assoctauon of ftat owners, or as th€ 25. No unit hold€r of "HAHALAXMI SAUAHAGYA', Apartment Condominium shall post any adv€rtrsement or posters of any kind in or on the bullding. Hold€r of tenements shall exercise extreme care about making noises or the use of musical lnstruments, radios, televisions, and amplifiers that may dlsturb others. It is prohibited to hang garments, rugs etc from the windows balconies or from any ol the lacades of the'MAHALAXMI SAUBHAGYA", Apartment Condomlnlum. It is prohibited to dust rugs, €tc. rrom wrndows or crean rugs, erc. by beating on the exterior part of the'IYIAHALAXi4I SAUBHAGYA", Apartment Condomlnium. It is prohibited to throw garbage o. fresh outside the dlsposal installations provlded for such purpose, ln the *rvic€ a.eas. If such installatlon is not provided, all garbage or frcsh shalr be collected in a vessel and th.own in the l.4unlclpal Dustbln No Owner o. lessee shall install wlrlng tor €lectrical or t€lephone lnstallatton/ television ant€nna machlnes of air conditionlng units/flats, €tc. on the exterior of the "MAHALAXMI sauBHAGYA,, Apartm€nt Condominium or that protrude throuqh the walrr of the .oof of that condomtnlum €xcept as authonzed by the Association and the Grantor 27 Thrs Agreement shall always b€ subject to the provrsrons of the Real Estate (Regulation and Developm€nt) Act, 2016 and the rules made th€r€under/sa'd Act and the rules made thereund€r. 28 The Name of the "MAHALAXMI SAUBHAGYA" shall remain forever as it is & no unlt holder or association shall have any right to chang€ the 29 It rs also agreed & unde.take by the Purchaser under this agreement that, the Purchaser shall pay the monthly contributlon amount tor the use & the maintenance of the prolect to the owner/builder or Association. 30 It rs also ag.eed & und€rtake by th€ Purchaser under this agreement that, the purchaser shall not ralse any dispute about th€ use of the elevator/lift & he is bound to contribute the amount of use & the maintenance of the elevator/|ft though he uses tt or not. 31. It is also ag.eed & undertake by the Purchaser under this agreement that, the purchaser shall pay all the taxes for common uses l.ke water tax, Electncify connectlon charges, l4unlcipal Taxes for the prolect & also pay the individual laxes & charges to the concern 32 It is also agre€d & undertake by the Purchaser under this agreement that, the purchaser shall obtain No-Objection from th€ owner/builder or Assoclation berore lnstalling connection of DTH, lnternet Line, Telephone Lrne or any other connection, for his individual use & also obtain l'lo-Objection from the owner/builder or Association berore rostaurng the A.C. Compressor, CC Tv Cameras for his indivrdual use & he install & fix the same on the locaLions prescribed by the owner/buirder or Association to him in that cause. 33 It is also agreed & undetake by the Purchaser under this agreement that, the common areas of the Phases shall be undivlded & cannot 34 It ls also agreed & undertake by th€ Purchaser under this ag.eement that, he shall be bound to obtain No-Obrectron from the owner/builder or Assoclatlon before renovation, malntenance, .epair. alteratlons or making any change wlth respect to hts unit. He shalt also undertake that, he shall not create any nursances or trouble or disttirbances to the neighbor adlacent units or any other unit hold€r of the buirding. 35 It is also aqreed & undertake by the Purchaser under this agreement that, he shall not do any structurat changes rn hrs unit or burtdinq which shall hamPer to the safetY of the building & shall not make any changes which shall affect th€ r€rms of Insurance Poticy of the Bullding. 36 It ls also agre€d & undertake by the Purchaser under this agreem€nt that, he shall not change any cotour theme or scheme of the buitding as well as the Parking Spac€, 31 It is also agreed & undertake by the Purchaser und€r this agreemenr rhat, i€ sharl not be allowed to rift or d.op his goods/materiat in the parking space or common a.ea$ of th€ buildhg or not alowed to any transport agency for the same. 38 It i5 also agreed & undertake by the Purchas€r under thrs a9r€€ment that, the Pur€haser shall not use his premises for any danc€ Bar, 39 It is also aqreed & undertake by the Purchaser under thls ag.eement that, the Purchaser sha[ obtain No-Objectron f.om the owne/burtder or Assooation before sta(hg/run the business where use of waler for runnh9 his business is necessdry. 40. It ls agreed in between the Own€r/Promoter & Purchaser that/ the owne/Promoter shall born the maintenance expenses til the dare of the poss€ssion of the unlt of the purchaser & lhereaft€r each of the unlt holder shall pay the amount as d€cid;d by the Asso(iation proportionat€lY based on the unit area of the sald holder to d€veloper or Assoclation towards th€ malntenance €xpenseyaharges. 41 The Owner/Promote. shall deale. & allots the parking space o the unlt hotder rn the Sare deed ot the said unit which shatr be specificaly descnbed in the Sale Oeed, 42 The Developer in compllance of the provlsDns of Apartment Ownership Act, 1970 has executed the deed of dectaration U/2-A of the said act and subject thereto, rt ts hereby expressty agreed and dectare lhat the purchasers of a[ the flat9 and oremises rn the sard bu,tdino Indudrng the purchaser herejn shatt join and ro.m an assocrarion as (ontemptated by the said act and the purchaser a9.ees to torn suc; association,. on the tompletlon of th€ buildiog and recerpt by the Deveroper of rhe futt price of p.€sses rn the said building under this and simll.. de€d rn respect thereof and art the charges and a th€ fl"tsf cu, pu.kine pli;.iu'nJ oth;i deposits payabte eac-h i,r.ir,"i., t"ir,1 Developer under thls deed and similar deed wrth other apartment purchasers th€ Devetope; has convey€d and and lnterest in each apa(ment to each purchaser hcluding the purchaser herein free trom -afl ait his rights, tile assigned includlng the expenses of sramp dury and Registraton Charges wil be borne by the purchaser atone. aencumbrances. th" r"q"r i";;i 43 It is clearly undeGtood by the purchaser that, th€ Maharashtra Apartment Ownership Act, 1970, extends to the whote of state of Maharashtra The sald Act came in to the force h such areas on such dates as th€ state covr. may, by Notncation tn the offtciat Gazette appoint and differenl dates mav be appotnted for diffe.ent areas. The sard act is appticabte wtthin ti,. rirrlrts of ur^icipjf coipo.*on, It is clearly understood by the purchaser that th€ Developer has submrtted hrs proj€ct to th€ provisions of Maharashtra Apartment Ownershjp Acl,l970. The Maharashtra I coistature has pass;d rwo Acls or tgil a lg'zrj]g;r;-,"9 the owneGhip flats, but thef runctions & field ol operahons are drtre.ent and the ;,fferenc€ rs as be,ow : 45 The Flat ownershiD Act, 1961 namelv rPlalFq the flat owners who fonn (o-op. Hsg, society, whire the flat owners under the Apa(ment ownerchip Act, rsTo are,ndepende;t owners of the,r nut. a Assocrat'on ot the Flat owners is onlv tor reoulating therr mutuar"ot,rul.i'io;fi;A'iii.t a soc,ety. rhe condominium rom by the ,Erai,;;;;; rr"i * r*" c-op. sociery. rhe Ftat ownershrp Aci, 1963 & the tLlaharashtra Apartment Ownershtp ra,rSZO, are not exctusLery "l,ii""* oiui.r, oif,J. Uut tn"y a." -.pr".*ta.y t" e"ct "it ".i 46 The DeveJoper shall be the oromoter In resop.r of the said constructron work wrthin the meanrng ot th€ Maha.ashtra Apa(ment ownershro act, 1970. lhe Promot€r has atreadv sub;ifted the prorect to tt"p."r,rior. itiul-r]Jrashka apartment ownershrp Act 1970. bv exe(unng th€ reqistered De€d of oe.tarahon ater rsiuance or tre-c6mp,.ii"i "'i Promoter shatt ereorte the De€d of Apa(menvsate Deed i.*iii."t.'0, tr,. aurangabad Munrcipat corporat,on, the in tav;ur or th€ eich oi tne rraVunrt purchaser & each of the apartmenvFlavunrt owner shall be entrtred to the exctusrve owneisnif r'raharashrra Apartment ownershiD a.r 1q?n ,n such cases it a'poi".*]Ji o-i" apa(nenvFravunir as provided in the sha[ ;"i i" ;;;i;;;;; ;ny co-op soc,ety u.de. the Mahanihtra co oD socienes Act 1960 or te6j. The promoter un;er this aereerenr a tr;" i,;-p"iii R.i,iili';o-oleo or rpanmenVsate Deed has t.ansrerrerl 5 the undlvlded proportlonate tltle in the common areas in favour of th€ €ach of the uniyApartmenvFlat Purchaser as well as in favour ol the Association of flat own€6 hence no lndep€ndenvs€parat€ Conveyance Oeed is required to execute ln favour of the Associatton of tlat owners. The Promoter under thls Agreem€nt has already handed over all the project documents & Plans, proportlonate title in the common areas to the Purchaser as well as to the Associauon of the FlavApa.tmenvunir owners. on and from the appointed day, the Maharasht.a own€rshlp Flats (Regulation of the Promotron of construction, sal€, f4anagemenr and Transfe, Act 1963, has repealed by the Maharashtra Houslnq (Regulation and Development) Act 2012 (t1OFA Act) & the ILlaharashtra Housins (ReEulation and Development) Act 2Ot2 (MOFA Act) ls.epealed by the Real Estate (Reguratlon and Development) Act 2016 (RERA Act), The Maharashtra Apartment Ownershtp Act 1970, has not been repealed. Howev€r, in cas€ of tnconsisrent provisions, th€ provrslons of the RERA Act shalr prevail, 48. It is agreed in betwe€n th€ partl€s that after formation ol the elected body ol the Apartment Owne/s Association, the promoter shall inform the Reglstrar of Societies, as defined in the Maharashtra Apartment Ownership Act, 1970/ as soon as possible. 49. That, each floors are us€ capable of individual utilization on account of having their own exit to a common area and facility and of the building and the Apadment wlll be sold to one or more owners, each owner obtaining a parti.!lar and excluslve property-right thereto and each Apartm€nt constltutlng a heritable and transferable, lmmovable properties within the meaning of any law tor the time being in force in the case and also an undivlded lnterest in the general and/or restrlcted common areas and facillues of the bulldlng as llsted hereinafrer in this deed, necessary for thelr adequate use and enjoyment and herelnafter in r€ferred to as Gen€ral andlor restricted and facilities, all of the above ln accordance with the Maharashtra Apartment Ownership Act 1970. 50 Thati as stated above the plan of Apadment ownershlp ls hereby constituted under and subject to th€ provisrons of rhe Maharashtra Apartments Ownershlp Act. 51 That, the undavlded lnterest in the gen€ral and/or restricted common areas and facilities shall not be s€parated from the famiiy unit to which it appertains and shall b€ deemed conveyed or encumbered wlth the unit even though such hterest ts not expressty menuoned of decribed in the conveyance or other iostrument, 52, Ihat each apartm€nt owner of "MAHALAXMI SAUBHAGYA" Condominlum shall comply with the p.ovtslons of this deed, by€-taws, decisions and resolution of the both the associatrons of the apartmenl owners or repr€sentation and failure to comply with the such provistons, decisions or resolutions shall be ground for action to recover the sums or dalrlages for injunction relief/s. FTR,sT SCIIEDULE That all the part and parcel of property Plor No 83 admeasurlng 375 Sqm. part of cut No. 168 or Vlrlage Satara Tq. & Dtsr. Aurangabad EAST Plot No 84 WESI SOUTH Plot No. 82 NORTH 30 Feet wide Road SECOIIO SCHEDULE Unit No. ---, having carpet area admeasurlnq -.--- Sq. t4eter, on -....' Floor,-in the buildhg known as "I.4AHALAXMI SAUBHAGYA" constructed on Plot No. 83 admeasurlng 175 Sqm. part of Gut No 168 of village Sata.a Tq. & Dlst. Aurangabad EASI WEST sourH NORTH AI{NEXURE A Name of the Advocate: adv, Anand Umnkar Address: Plot No. 71, New SaH Colony, Shahnoorwadi, CERTIFTCATE This ts to certify that Sau. Renuka Ganesh Ambekar and Shir. Ganesh Uttam Ambekar thus get clear, good and marketable tide ove. the property ptot No. 83 admeasuring 375 Sqm. part of Gut No. 168 of Village Sata.a Tq. & Dlst. Aurangabad on which the project {AHALAXIII SAUBHAGYA 9oin9 to be constructed & Shi. Ganesh sadashiv soygaonkar Proprletor of Dream Properties has involved his development riqhts ln the sald property. Signature of the Advocate Adv. Anand Umrikar Oate : AI{I{EXURE I AI{NEXURE C SPECIFTCATTON OF CONSTRUCTTONS AI{I{EXURE O Llst of documents provided lo the purchaser' DEscRImoNoFTHEPRoPERTYDocU!!ENTSGIVENBYTHEPRot4oTEPToEvELopERToTHEFLATPURCHASER' The photo-copy ot above ref€rred prolccr Documents from sr. No. I to 7, are handed over bv the Promotey'Develop€r to the purchaser i hls acknowledged ihe same 7 '1,1 i' SIGNEO SEALED AND OEUVERED BY THE WITHIN NAMED The Promoter/Land Owner/ Developer SIGNED SEALEO AND OEUVERED Sl9naturc BY THE WTTHIN NAMED The PURCHASER WITNESSES 1. Mr Occu, _, Age _ Years, 2, Mt Occu. _, Age _ Yea6,