1 AGREEMENT FOR ASSIGNIV] ENT B ETWEEN M/s. Arch Developers, Through its Partner & Authorized Sagnatory [,4 r (Hereinafter called as ,PROMOTOR/GRANTOR/ASSIGNOR', which expression shail mean, include all its Directors, their heirs, successoTs, representatives, executors, administrators & assignees etc.) AND hereinafter referred to as "ASSIGNEE/PURCHASER" of the other Part. (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, executors and administrators) TITLE FLOW OF THE PROPERTY NAME OF THE PROJECT "ARCH KANCHAN" DETAILS OF THE PROJECT plot No. 22 area admeasuring 360.oo sq. mtrs. sector K, Ns-1, CIDCO, Part of Sy. No. 127, Satara, Aurangabad SCHEDULE - B .ARCH KANCHAN" AREA STATEMENT AND WHEEREAS the Promoter/Grantor/Assignor has entered into a standard Agreement with an Architect registered with the Council or Architects and such Agreement is as per the Agreement prescribed by the Council or Architects; AND WHEREAS the Promoter/Grantor/Assignor has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter/Grantor/Assignor accepts the professional supervision of the Architects and the structural Engineer till the completion of the building/buildings, AND WHEREAS by viftue of the above referred Sale Deed the Promoter/Grantor/Assignor alone has the sole and exclusive right to sell the Unit s in the said building to be constructed by the Promoter/Grantor/Assignor on the said land and to enter into Agreement/s with the purchaser/s of the Unit s to receive the sale price in respect thereof; AND WHEREAS the Purchaser/Assignee demanded from the Promoter/Grantor/Assignor and the Promoter/Grantor/Assignor has given inspection to the Purchaser/Assignee of all the documents listed in ANNEXUE D of title relating to the said land & has also provided the one set of Photo Copy to the Purchaser/Assignee. AND WHEREAS the Copies of Certificate of Title issued by the Advocate of the Promoter/Grantor/Assrqnor, copies of Property Card or any other relevant Tevenue TecoTd showing the nature of the title of the Promoter/Grantor/Assignor to the said land on which the LJnit s are constructed or are to be constructed and the copies of the plans and specifications of the Unit agreed to be purchased by the Purchaser/Assignee approved by the concerned local authority have been annexed hereto and marked Annexure'A', 'B'&'C', respectively. The Purchaser/Assignee has examined the title, rights, interest, claims of the Promoter/Grantor/Assignor to the said land and has seen the documents of title in the Promoter/Grantor/Assignor's possession. The Purchaser has fully satisfied with the Promoter/Grantor/Assignor's right, interest and title in the property. The Purchaser has taken inspection of the plans and specifications of the proposed construction and which have been approved by the authority. The Purchaser has also perused the lay-out plan of housing scheme, proposed internat roads, amenities, facilities proposed to be provided in the scheme and Purchaser fully satjsfied about jt. AND WHEREAS the Promoter/Grantor/Assignor has got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said building/s. 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/Grantor/Assignor while developinq the said land and the said building and upon due observance and performance of which only the completion and occupation certificates in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter/Grantor/Assignor has accordingly commenced construction of the said building/s in accordance with the said plans. AND WHEREAS the Purchaser/Assignee applied to the Promoter/Grantor/Assignor for allotment to the Purchaser/Assignee of unit No. ---, having carpet area admeasuring ----- sq. Meter, on ------ Floor,-in the bujlding 2 known as "ARCH KANCHAN" constructed on Plot No, 22 area admeasuring 360.00 sq. mtrs. Sector K, NS-1, CIDCO, Part of Sy. No. 127, Satara, Aurangabad. AND WHEREAS the Developer has agreed to sell and the Purchaser has agreed to purchase the said property at or for the price of Rs. -----------/- (Rupees ------------------only) upon the terms and subject to the conditions hereinafter appearing. AND WHEREAS prior to the execution of these presents the Purchaser/Assignee has paid to the Promoter/Grantor/Assignor a sum of Rs /- (Rupees only), by cheque detailed as below :- Amount Cheque Date Cheque No Name of the Bank being part payment of the sale price of the Unit agreed to be sold by the Promoter/Grantor/Assignor to the Purchaser/Assignee as advance payment or deposit (the payment and receipt whereof the Promoter/Grantor/Assignor both hereby admit and acknowledge) and the Purchaser/Assignee has agreed to pay to the Promoter/Grantor/Assignor the balance of the sale price in the manner hereinafter appearing. AND WHEREAS under section 9 of the said Act the Promoter/Grantor/Assignor is required to execute a written agreement for sale of said Unit to the Purchaser/Assignee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. NOW THIS AGREEMENT WITNESSETH AND TT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter/Grantor/Assignor shall construct the said building/s consisting of multiple Floors on the said land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time: 2. The Purchaser/Assignee hereby agreed to purchase from the Promoter/Grantor/Assignor and the Promoter/crantor/Assignor hereby agrees to sell the Unit No. ---, having carpet area admeasuring ----- Sq. Meter, on ------ Floor,-in the building known as "ARCH KANCHAN" constructed on Plot No. 22 area admeasuring 360.00 sq. mtrs. Sector K, NS-1, CIDCO, Part of Sy. No, 127, Satara, Aurangabad as shown in the Floor plan thereof hereto annexed and marked Annexure D/Unit No. ---, having carpet area admeasuring - ---- Sq. Meter, on ------ Floor,-in the building known as'ARCH KANCHAN" constructed on Plot No. 22 area admeasuring 360.00 sq. mtrs. Sector K, NS-1, CIDCO, Part of Sy No. 127, Satara, Aurangabad' Building (hereinafter referred to as "the Unit ") for the price of Rs. -----------/- (Rupees -----------------only) which includes the proportionate price of the common areas, facilities appurtenant to the premises, and common parking Space the nature, extent and description of the common/limited common areas and facilities which are m;re particularly described in the Second Schedule annexed herewith. The Purchaser/Assignee hereby agrees to pay the balance amount of Rs. ---------l- (Rupees ---------------- only) to the piomoter/Grantor/Assignor aFter execution of this Agreement in the following manner prescribed under the module Draft of Agreement referred in RERA Act/Rules. The promoter/Grantor/Assignor hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restiictions 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 handling over possession of the Unit to the purchaser/Assigne;, obtain from the concerned local authority occupation and/or completion certificates in respect of the Units. 3. The promoter/Grantor/Assignor hereby make full and true disclosure of the nature of his title to the said land aswellasencumbrances,ifany,inclUdinganyright,title,interestorclaimofanypartyinorfromall encumbrances and that the promoter/Gran[orlAssignor has/have absolute, clear and marketable title to the said land so as to enable him to on the execution of a Sale Deed/Deed of Apartment of the said Unit by the Promoter/Grantor/Assignor in favour the Purchaser. 4.ThePurchaser/AssigneeagreestopaytothePromoter/Grantor/AssignorinterestatSBllending.ale+2o/opayable by the extra penalty tnerion pei cent per'annum on all the amounts which become due and purcnalerleslignee to tne piomoter/Crantor/Assignor under the terms of this Agreement from the date the said amounts ii payable by the purchaser to the Promoter/Grantor/Assignor' -to--tn" pro-moter/crantbrfassignor under this Agreement (including his/her 5.onthePUrchaser/AssigneecommittingdefaultinpaymentonduedateofanyamountdUeandpayableby the purchaser/Assi9nu" pioportionat" snari of tiies Lri"d Oy concerned toc;t authority and other outgoings) and on the -orliah purchaser/Assignee .or.itting of any of the terms and conditions herein contained, the Agreement: P;omoterfcranior/Assignor shali be entitled at his own option to terminate this Provided that, the power of termination hereinbefore contained shall not be exercised by the promoter/Grantor/Assignoi unless and until the Promoter/Grantor/Assignor shall have qiven to the purchaser/Assignee rineJn oivipiioi noti." in *.iting of his intention to terminate this Agreement and of the of which it is intended to terminate the soecific breach o.- or"u.6"i-6i [erms and conditions in respect niieerent uno default shall have been made by the Purchaser/Assignee ProvidedfurtherthatUponterminationofthiSAgreementasaforesaid,thePromoter/Grantor/Assignorsha|l purcnar"rlirrig-;e" i-ne-insiattmenti of sale price of the Unit which may till then have been paid refund to the 3 by the Purchaser/Assignee to the Promoter/Grantor/Asslgnor liable to pay to the Purchaser/Assiqnee any interest but the promoter/Grantor/Assignor shall not be Agreement and refund of aforesard amount- ;;' io refunded on t-ne -amounl'th" and upon termination of this promoter/Grantor/Assignor, the Promoter/Grantor/Assignor, shall be at lberty to dispose of and'sell the unit to such person and at such price as the Promoter/Grantor/Assignor may in tris aosotuie aisireiion itini ,,,. 6 The flxture and fittings with regard to the flooring-and sanitary fittings and like.brand,.or prrce range to be provided oy ttre-cromoterTcrinioiiirrtgror amenities ljke tifts with particulars in the said ouiro-ing ir'Jin"'unit are those that are set out in Annexure.E,annexed hereto. 7 The Promoter/Grantor/Assignor shall give possession of the Unit to the purchaser on or before the date of completion mentioned in RERA regist;ation certificate, If the prom;ter/Grantor/essijnoi give possession of the Unit to the Purchaser on account of reasoni riirioi to beyond nis contioi ano or tris-"lgr-";, i;ents '$,e per the provisions of the Rear Estate (Reguration and Deveropmentl a.t,- ioJo, as Promoter/Grantor/Assignor shall be liable on olmind to refund to the purcniser/essign""-in"-tn'"n u;ornt already received by him in respect of the unit with jnterest at SeI tending rate + 2dto extli-jenirtyltrereon percent per annum. Till the entire amount and interest thereon is refundedby the promoterrc;;;toiTariigno, to the Purchaser/Assignee there shall, subject to prior encumbrances if any, 'be a charge on tne sjio unit a, well as the construction or building in which the Unit s are situated or were to be situateZ: Provided that the Promoter/Grantor/Assignor shall be entitled to reasonable extension of time for givjng delivery of Unit on the aforesaid date, if the completion of building in which the Unit is to be sjtuaied is delayed on account of- (i)Non-availability of steel, other building material, water or electric supply; (ii)War, Civil Commotion or act of God; (iii)Any notice, order, rule, notification of the Government and/or other public or competent authority, any prohibitory order of any court against devetopment of property I The Purchaser/Assignee shall take possession of the Unit within 15 days of the Promoter/Grantor/Assignor giving written notice to the purchaser/Assignee th.ough email, Sl4S or through whatsapp intimating that the said Unit s are ready For use and occupation: The Promoter will be liable for R.C.C. structural defects for five years, except the following defect liabilities. . DEFECT UABILITY a If within a period of five years from the date of handing over the Apartment to the Purchaser/Assignee, the Purchaser/Assignee brings to the notice ot the Promoter any structural defect in the Apartment or the building in which the Apartment 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 Purchaser/Assignee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. b Provided however, that the Purchaser/Assignee/s shall not carry out any alterations of the whatsoever nature in the said apartment of phase/ wing and in specific the structure of the said univ wing/ phase of the said building which shall include but not Iimit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Purchaser/Assignee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect liability automatically shall become void, The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc. c. That it shall be the responsibility of the Purchaser/Assignee to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his Unit are regularly filled with white cement/epoxy to prevent water seepage. d. Further ,/vhere the manufacturer warranty as shown by the developer to the Purchaser/Assignee ends before the defects liability period and such warranties are covered under the maintenance of the said unit/burlding/phase/ wing, and if the annual maintenance contracts are not done/renewed by the Purchaser/Assignee/s the promoter shall not be responsible for any defects occurring due to the same. e That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment's, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Unit s and the common project amenities wherever applicable. That the Purchaser/Assignee has been made aware and that the Purchaser/Assignee expressly agrees that the regular wear and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. g. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Purchaser/Assignee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the 4 wing and in the workmanship defects in materials used, in the structure built of the unit/phase/ exeiutea teepins in mind the aforesaid agreed clauses of this agreement' 9 ThePurchaser/AssigneeshallUseunitoranypartthereoforperm]tthesametobeusedonlyforpurpose or parking the of Unit s/unit. He shall use tn" gutigu tr'parting space only for purpose of keeping Purchaser/Assignee's. 10 ThePurchaser/AssigneealongwithotherpuTchasersofUnitsinthebuildingshalljoininforming purpose also from time to time lisociat,on of Lnit bwners to be known u.'iARCn fAUCHAN" and for this papers documents the other and ,',qn ;"J ;r".rt" the application for registration and/or membership, and iEi"i.u.V ioiin" formation of the Ass;ciation of Unit Owners and for becoming a member, including the iO,"ii*r the proposed Association of Unit Owners and duly fill in, sign and return to the p-r'omotei/cianlorrAssigno|. within 15 days of the same being forwarded by the "f promoierTcrantorTassi!nor to the Purchaser/Assignee, so as to enable the Promoter/Grantor/Assignor to ;rgunizati;n of purchaser/Assignee under section 17(2) of the Real Estate (Regulation and ,-"gir1--g;ih; -act, Oe'veiopmeng ZOfO,. No. objection shalt be taken by the Purchaser/Assignee if any changes or ,oalfi*6on.'ur" made in the draft bye-laws, as the case may be, or any other Competent Authority. 11. The Purchaser/Assignee shall pay to the Promoter/vendor, the above sum + GST + at actual proportionate project Insurrnce charges all legal costs, charges and expenses, including professional costs of the ad'voiates of the Promoter/Vendor in connection with formation of the said Society, or as the case may be, Limited company, preparing its rules, regulations and bye-laws and the cost of preparing and engrossing this Agreement and the Sale Deed. 12. At the time of registration of Purchaser/Assignee shall pay to the Promoter/vendor the purchaser/Assignees,share of stamp duty and registration charges payable, by the said society or Limited Company on the conveyance or lease or any document or instrument of transfer in respect of the said land and the Buildinq to be executed in favour of the Society or Limited Company. 13. The purchaser/Assignee/s or himself/themselves with intention to bring all persons into whosoever is hands the Unit may come, hereby covenants with the Promoter/Vendor as follows:- (a) To maintain the Unit at the Purchaser/Assignee's own cost in good and tenantable repair and condition from the date that of possession of the Unit is taken and shall not do or suffer to be done anythinq in or to the building in which the Unit 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 Unit is situated and the Unit itself or any part thereof without the consent of the local authorities, if required. (b) Not to store in the Unit 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 LJnit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carryinq heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrance of the building in which the Unit is situated and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Purchaser/Assiqnee in this behalf, the Purchaser/Assignee shall be liable for the consequences of the breach. (c) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter/Vendo. to the Purchaser/Assignee and shall not do or suffer to be done anything in or to the Unit Purchaser and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the lJnit 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 Purchaser/Assignee committing any act in contravention of the above provision, the Purchaser/Assignee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. (d) Not to demolish oT cause to be demolished the Unit or any part thereof/ nor at any time make or cause to be made any addition or alteration of whatsoever nature in or to the Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Unit is situated and shall keep the portion, sewers, drains and pipes in the Unit 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 Unit is situated and shall not chisel or in any other manner cause damage to columns, beams, walls slabs or RCC, Pardis or other structural members in the Unit without the prior written permission of the Promoter/Vendor and/or the Society or the Limited Company. (e) Not to do or permit to be done any act or thing which may render void or voidable any insurances of the said land and the building in which the Unit is situated or any part thereof whereby any increased premium shall becomes payable in respect of the insurance, (f) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said land and the building in which the unit is situated. (S) Pay to the Promoter/Vendor within Fifteen Days of demand by the Promoter/Vendor, his share of security deposlt demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the lJnit is situated. (h) 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 Unit by the Purchaser to any purposes other than for residential purpose. (i) The Unit Purchaser shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Unit until all the dues payable by the Unit Purchaser to the Promoter/Vendor under this Agreement are fully paid up and only if the Unit Purchaser had not been 5 guilty of breach or or non-observance of any of the terms and conditions - '' of this Agreement and untir the Unit Purchaser has intimated in writing to the promoter/Venjorl- 0) The Unit purchaser shall observe and perform all the rutes and regulations which the society/Associatron or the Limited company may uobpt ut its rrceftion and the additions, arterations or amendments thereof that may be. made from time to trme ior prli".tion and maintenance or t-t," Lio building and the unit therern and for the observance ano perto.rianie of the Buirding nrr"r, ri"gri"t[", Bye_laws for the time being of,the concerned rocar iuthority und :nq. or cor"1.r,rn""rt irJ'"irrEi piioiii bodies. The Purchaser/Assignee shall also observe and pe.roim-'atiirre stiputations uno .onat0on!-ruio Company regarding the occupation and use oi the Unit in the aui[in, a;i 9::i -O^L,l:-t"_.1:g/Lrmited snar pay and contribute regurarry and punctualy torrrards the taxes, expenses or other outgoirigs in accordance with the terms of this Agreement. (k) .Till a conveyance of the buildjng in which Unit is situated is executed the Unit purchaser shalt permit. the Promoter/vendor and their surveyors and agents, with or without workmen and reasonable times, to enter and upon the said land and buildings or any part thereof to view "ih;d "i;ii and eiamine the state and condition thereof, 14, The Promoter/vendor shall maintain a separate account in respect of sums received by the Promoter/vendor from the Purchaser/Assignee as advance or deposit, sums received on account of the share capital for the promotion of the Association or towards the outgoings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 15. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said unit or of the said plot and Building or any part thereof. The Purchaser/Assignee shall have no claim save and except in respect of the Unit hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation space, will remain the property of Promoter/Vendor until the said land and building is transferred to the Association or other body as hereinbefore mentioned. 16. Any delay tolerated or indulgence shown by the Promoter/Vendor in enforcing the terms of this Agreement or any forbearance or giving of time to the Purchaser/Assignee by the Promoter/Vendor shall not be construed as a waiver on the part of the Promoter/Vendor of any breach or non-compliance of any of the terms & conditions of this Agreement by the Purchaser/Assignee nor shall the same in any manner prejudice the rights of the Promoter/Vendor. f7. The Unit Purchaser and/or Promoter/Vendor shall present this Agreement as well as conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter/Vendor will attend such office and admit execution thereof. 18, If in future any FSI increases, in that case the Promoter/Vendor shall have every right to construct the said FSI on the said building and the Purchaser/Assignee under this Agreement has given his written consent for the same. 19. If Promoter/Vendor shall make any changes in the elevation, sanction plan, floor plan or obtain any revised sanction from the competent authority, in that case, Promoter/Vendor shall have every right and liberty to make necessary changes in the Deed of Declaration as well as in the percentage of proportionate share of the Purchaser/Assignees in the plot and common areas and amenities of the project and the purchaser under this Agreement has given his written consent for the same & if in future Promoter/Vendor wants to execute Deed of Declaration or revised Deed of Declaration in that cause he has full authority, right & liberty to execute the same. Further under this Agreement, the purchaser undertake & assures to the Promoter/Vendor that in the said cause, if the Promoter/Vendor needs to execute any correction deed to this Agreement as well as any other document the purchaser shall cooperate to the Promoter/Vendor for the execution of the said documents. In future iF the floor space index (FSl) or transfer of development rights (TDR) is granted by the Municipal Council or 14unicipal Corporation, Aurangabad, then the area available for additional construction will be utilized by the Developer alone and the Developer can transfer said FSI from the said building to another property or can sell the said FSI to the respective purchaser who are interested to purchase it & to put additional construction on the said building as may be allowed by the municipal corporation and to sell or otherwise deal with same. Before Completion of the Building if any additional F.S.l / TDR become available in future, the Developer will be entitle to avail & consume the same. If the Developer/Promoter wants to amend the Deed of Declaration, in that cause, the purchaser has no oblection to make amendment in the registered deed of declaration & has also no oblection for making revised construction plan & under this agreement the purchaser has given his written unconditional consent to the promoter for the said changes. That Promoter shall be at liberty to amend the deed of Declaration as and when required at any time till all units in are sold and transferred to the prospective purchasers. No purchaser will be entitled to object for such amended declaration and it will be binding on all the purchasers irrespective of their date of purchase. If there is reduction of more than 3olo of the actual area dimensions of any Unit against the area specified in Schedule due to change/variation of the design, the price of the said unit will be reduced proportionately and vice-a-versa, 20. The Promoter may apply for part/full completion as per his description and will furnish the copy of same to the purchaser as and when the completion certificate either part or full is issued by the competent authority. 6 the stamp 21. At the time of registration oF purchaser/Assignee shall pay to the Promoter/Grantor/Assignor --;;t;;rlgtrtru-tion.turqu.puyibi",'oothidocumentorinstrumentoftransferinrespectofthesaid UniVUnit/APartment. persons into whosoever in -- The 22. Purchaser/Assignee/s or himself/themselves with intention-to bring all with the Promoter/Grantor/Assignor as follows:- ninas tne unit mai come, hereby covenants (a) To bear and pay increase in local taxes, Water Charges, insurance and such other levies' if any' which '-' ur"-irpor"a'Oy the concerned local authority and/or Government and/or other public authority, on aciouni oi cta;,qe of user of the Unit by the Purchaser to any purposes other than for residential purpose. (b) purchaser/Assignee shall not let, sub-let, transfer, assign or part with interest or benefit factor of ' ' The this Agreement oi part with the possession of the Unit until all the dues payable by the purcha;erlAssignee to the Promoter/Grantor/Assignor under this Agreement are fully paid up and only if the purchasiAssignee had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the Purchaser/Assignee has intimated in writing to the Promoter/Grantor/Assignor. 23. The purchaser/Assignee and/or Promoter/Grantor/Assignor shall present this Agreement for its proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter/Grantor/Assignor will attend such office and admit execution thereof. 24. All notices to be served on the Purchaser/Assignee as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser/Assignee by Registered Post A.D./ Under Certificate of posting at his/her address specified below or shall serve the said communication through email: 1 2 Mr 25. IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES heTeto that the teTTace space in front of or adjacent to the terrace Unit s in the said building, if any, shall belong exclusively to the respective purchaser of the terrace Unit and such terrace space are intended for the exclusive use of the respective terrace Purchaser/Assignee. The Said terrace shall not be enclosed by the Purchaser/Assignee till the permission in writing is obtained from the concerned local authority and the Promoter/Grantor/Assignor or Association of Unit Owners, or as the case may be. 26. Holder of tenements shall exercise extreme care about making noises oT the use of musical instruments, radios, televisions, and amplifiers that may disturb otheB. It is prohibited to hang garments, rugs etc. from the windows balconies or from any of the facades of the "ARCH KANCHAN" Apartment Condominium. It is prohibited to dust rugs, etc. fiom windows or clean rugs, etc. by beating on the exterior part of the "ARCH KANCHAN", Apartment Condominium. It is prohibited to throw garbage or fresh outside the disposal installations provided for such purpose, in the service areas, lf such installation is not provided, all garbage or fresh shall be collected in a Vessel and thrown in the Municipal Dustbin. No Owner or lessee shall install wiring for electrical or telephone installation, television antenna machines of air conditioning units/Unit s, etc. on the exterior of the "ARCH KANCHAN", Apartment Condominium or that protrude through the walls of the roof of that condominium except as authorized by the Association and the Grantor 27. This Agreement shall always be subject to the provisions of the Real Estate (Regulation and Development) Act, 2016 and the rules made thereunder/said Act and the rules made thereunder. 28. The Name of the "ARCH KANCHAN" shall remain forever as it is & no unit holder or association shall have any right to change the same. 29. It is also agreed & undertake by the Purchaser under this agreement that, the Purchaser shall pay the monthly contribution amount for the use & the maintenance of the project to the owner/builder or Association. 30. It is also agreed & undertake by the Purchaser under this agreement that, the purchaser shall not raise any dispute about the use of the elevator/lift & he is bound to contribute the amount of use & the maintenance of the elevator/lift though he uses it or not. 31. It is also agreed & undertake by the Purchaser under this agreement that, the purchaser shall pay all the taxes for common uses like water tax, Electricity connection charges, Municipal Taxes for the project & also pay the individual taxes & charges to the concern authority. 32. It is also agreed & undertake by the Purchaser under this agreement that, the purchaser shall obtain No-Objection from the owner/builder or Association before installing connection of DTH, Internet Line, Telephone Line or any other connection, ior his individual use & also obtain No-Objection from the owner/builder or Association before installing the A.C. Compressor, CC TV Cameras for his individual use & he install & fix the same on the locations prescribed by the o\ /ner/builder or Association to him in that cause, 33. It is also agreed & undertake by the Purchaser under this agreement that, the common areas of the building shall be undivided & cannot be partitioned. 34. It is also agreed & undertake by the Purchaser under this agreement that, he shall be bound to obtarn No-Objection from the owner/builder or Association before renovation, maintenance, repair, alterations or making any change with respect to his unit. He shall also undertake that, he shall not create any 7 nuisances or trouble or disturbances to the neighbor adjacent units or any other unit holder of the bu ilding. 35, It is also agreed & undertake by the Purchaser under this agreement that, he shall not do any structural changes in his unit or building which shall hamper to the safety of the building & shall not make any changes which shall affect the terms of Insurance Policy of the Building. 36. It is also agreed & undertake by the Purchaser under this agreement that, he shall not change any colour theme or scheme of the building as well as the Parking Space. 37. It is also agreed & undertake by the Purchaser under this agreement that, he shall not be allowed to lift or drop his goods/material in the parking space or common areas of the building or not allowed to any transport agency for the same. 38. It is also agreed & undertake by the Purchaser under this agreement that, the Purchaser shall not use his premises for any dance Bar. 39. It is also agreed & undertake by the Purchaser under this agreement that, the Purchaser shall obtain No-Objection from the owner/builder or Association before starting/run the business where use of water for running his business is necessary. 40. The Owner/Promoter shall dealer & allots the parking space o the unit holder in the Sale deed of the said unit which shall be specifically described in the Sale Deed. 41. The Developer in compliance of the provisions of Apartment Ownership Act, 1970 has executed the deed of declaration U/2-A of the said act and subject thereto, it is hereby expressly agreed and declare that the purchasers of all the lJnit s and premises in the said building including the purchaser herein shall join and form an association as contemplated by the said act and the purchaser agrees to join such association, on the completion of the building and receipt by the Developer of the full price of all the Unit s/ car parking places and other presses in the said building under this and similar deed in respect thereof and all the charges and deposits payable each purchaser to the Developer under this deed and similar deed with other apartment purchasers the Developer has conveyed and assigned all his rights, title and interest in each apartment to each purchaser including the purchaser herein free from all encumbrances. All the legal expenses including the expenses of stamp duty and Registration Charges will be borne by the purchaser alone. 42. It is clearly understood by the purchaser that, the Maharashtra Apartment Ownership Act, 1970, extends to the whole of state of Maharashtra. The said Act came in to the force in such areas on such dates as the State Govt. may, by Notification in the official Gazette appoint and different dates may be appointed for different areas. The said Act is applicable within the limits of Municipal Corporation, Aurangabad. 43. It is clearly understood by the purchaser that the Developer has submitted his project to the provisions of Maharashtra Apartment Olwnership Act,1970. The Maharashtra Legislature has passed two Acts of 1963 & 1970, governing the ownership Unit s, but their functions & field of operations are different and the difference is as below : 44. The Unit Ownership Act, 1963 namely relates the Unit owners who form co-op. Hsg. Society, while the Unit owners under the Apartment Ownership Act, 1970 are independent owners of their Unit s & not subject to any body like a society. The condominium form by the Association of the Unit owners is only for regulating their mutual relations and has no existence like Co-op. Society. The Unit Ownership Act, 1963 & the Maharashtra Apartment Ownership Act,1970, are not exclusively of each other but they are complementary to each other. 45 The Developer shall be the promoter in resped of the said construction work within the meaning of the lYaharashtra Apartment ownership Act, 1970. The promoter has already submitted the project to the provisions of the [laharashtra Apartment ownership Act 1970, by executing the registered Deed of Declaration. After issuance of the completion Certificate by the Aurangabad Municipal Corporation, the Promoter shall execute the Deed of Apartment/Sale Deed in favour of the each of the Unit /Purchaser/Assignee & each of the apartment/Unit /Unit owner shall be entiued to the exclusive ownership & possession of his apartment/unit /unit as provided in the Maharashtra Apartment ownership Act, 1970, in such cases it shall not be lawful to form any co-op society under the Maharshtra co-op societies Act 1960 or 1963. The promoter under this agreement & the proposed Registered Deed of Apartment/Sale Deed has transferred the undivided proportionate tiu; i; the common areas in favour of the each of the unit/ApartmenvPurchaser/Assignee as well as in favour of the Associatjon of Unit owners hence no independent/separate ConveyancJDeed is required to execute in favour of the Association of unit owners. The promoter under thii Agreement has already handed over all the project documents & plans, proportionate tifle in the common areas to the purchaser as well as to the Association of the Unit /Apartment/Unit Owners. 46 on and from the appointed day, the Maharashtra ownership unit s (Regulation of the promotion of C_onstruction, Sate, Management a.nd- Act 1963, nis repeatid 6y tne r,faharastrtia iouiing -Trgn:l9l) (Regulation and Deveropment) Act 2012 (MOFA Act) & the Maharashtra Housing (neg;Ltion-ini Development) Act 2012 (MoFA Act) is repeared by the Rear Estate (Reguration ano bdver"opment) 2016 (RERA Act). The Maha.ashtra Apartment ownership Act rguo, has not oeen ,-epeateo. lct tiower6r, in case of inconsistent provisions, the provisions of the REdA Act shaliprevail. 47 It is agreed in between the parties that after formation of the erected body of the Apartment owner,s Association, the erected members of Assocjation shal inform the Registrar of societies, as derined rn the l,4aharashtra Apartment Ownership Act, 1970, as soon as possible.- 48 That, each floors are use capabre of individuar utirization on account of having their own exit to a common area and facirity and of the buirding and the Apartment wifl be sord to-one o*or"-o*n"o, 8 each owner obtaining a particular and exclusive property-right thereto and each Apartment constituting a heritable and transferable, immovable properties within the meaning of any law for the time being in force in the case and also an undivided interest in the general and/or restricted common areas and facilities of the building as listed hereinafter in this deed, necessary for their adequate use and enjoyment and hereinafter in referred to as General and/or restricted common areas and facilities, all of the above in accordance with the Nlaharashtra Apartment Ownership Act 1970. 49- That, as stated above the plan of Apartment ownership is hereby constituted under and subject to the provisions of the Maharashtra Apartments Ownership Act. 50. That, the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the family unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned of described in the conveyance or other instrument. 51. That each apartment owner of "ARCH KANCHAN" Condominium shall comply with the provisions of this deed, bye-laws, decisions and resolution of the both the associations of the apartment owners or representation and failure to comply with the such provisions, decisions or resolutions shall be ground for action to recover the sums or damages for injunction relief/s. FIRST SCHEDULE Plot No. 22 area admeasuring 360,00 sq mtrs. Sector K, NS-1, CIDCO, Part of Sy. No. 127, Satara, Au ra ngabad. Boundaries East Plot No. 23 West Plot No.22 South Gut No. 127 (P) North 18.00 l"l.W. Road SECOND SCHEDULE Unit No. ---, having carpet area admeasuring ----- Sq. Meter, on ------ Floor,-in the building known as "ARCH KANCHAN" constructed on Plot No. 22 area admeasuring 360.00 sq. mtrs. Sector K, NS-1, CIDCO, Part of Sy. No. 127, Satara, Aurangabad Boundaries: EAST WEST SOUTH NORTH ANNEXURE A ANNEXURE B ANNEXURE C SPECIFICATION OF CONSTRUCTIONS ANNEXURE D List of documents provided to the puTchaser. DESCRIPTION OF THE PROPERTY DOCUMENTS GIVEN BY THE PROMOTER/GRANTOR/ASSIGNOR TO THE PURCHASER/ASSIGNEE. The photo-copy of above referred Project Documents from Sr' No l to 7, are handed over by the promoter/Grantor/lssignor to the purchaser & has acknowledged the same' Signature Photo Src,ruCO STATTO AND DELIVERED BY THE WITHIN NAMED The,PROMOTOR/GRANTOR/ASSIGNOR. M/s. Arch Developers, Through its Partner & Authorized Signatory Mr. ----------------- 9 SIGN ED SEALED AND DELIVERED Signature Photo BY THE WITHIN NAMED The PURCHASER/ASSIGNEE I WITNESSES 1. Mr. Occu. _, Age _ Years, R/o 2. 14 r. Occu. , Age Years, R/o