(1) Annexure ‘A’ Model Form of Agreement to be entered into between Vendor/Assignor and Allottee(s) (See rule 10(1)) Assignment Agreement This Assignment Agreement is made at Aurangabad on this ____th day of September in the year Two Thousand and twenty one between: Mr. Sheshnarayan Vilas Kanhere, Age: 35 Yrs. Occu: Business, R/o. Plot No. 06/02-A, Satvahan Co-operative Housing Society, N-5, CIDCO, New Aurangabad. Hereinafter called as OWNER/VENDOR/VENDOR/ASSIGNOR/ ASSIGNOR/ BUILDER/ DEVELOPER/ PARTY OF THE FIRST PART IN FAVOUR OF Mr. Age: years, Occu: Service / Business R/o. _____________________________ _________________________________ Aurangabad. PAN / Aadhar No. (Hereinafter called as “ALLOTTEE/PURCHASER/ASSIGNEE which expression shall mean and include all his / her heirs, successors, legal representatives, executors, administrators and assignees). PARTY OF THE SECOND PART Hereinafter referred to as "the Allottee /Purchaser" / PARTY OF THE SECOND PART: Title of the property: 01. Whereas the Plot No. 8, admeasuring 456.84 sq. meters is originally owned and possessed by City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) and the CIDCO authority has leased the rights in respect of plot No. 8 to Vendor/Assignor under registered lease deed No. 6094 dated 07.10.2020 and it is registered at the sub-registrar office No. 2 at Aurangabad. 02. AND WHEREAS commencement certificate along with approval of plan for construction of Flatted Building in respect of Plot No. 8, Sector N-5/F, CIDCO, Village Jasawantsingpura, survey No. 23 (part), New Aurangabad is (2) approved by the Aurangabad Municipal Corporation, Aurangabad vide permission No. DDMCB/B2020/APL/01615 dated 11.12.2020 and revised permission no. DDMCB/RB/2021/APL/00027 dated 11.11.2021. 03. AND WHEREAS builder / developer has executed and registered deed of declaration u/s. 2-A, of Maharashtra Apartment Ownership Act and submitted the building to the provisions of said Act. The deed of declaration is registered at day book Sr. No. 216/2022 dated 12.01.2022. 04. AND WHEREAS, Shri. Sheshnarayan Vilas Kanhere is having clear, legal and marketable title and is peacefully in possession of 456.84 sq. meter area of land, survey No. 23 (part), village Jaswansingpura, Sector N-5/F, CIDCO, New Aurangabad. The said land is free from all encumbrances. (vi) Details of mortgage or lien or charge on the said property.) 05. AND WHEREAS, as per the documents placed before us, and e-search taken from records of Department of Registration & stamp web site, it appears that Shri. Sheshnarayan Vilas Kanhere has not obtained loan / financial assistance and no charges is created on the property i.e. Plot No. 8, Sector N- 5/F, CIDCO, Aurangabad. No encumbrances are found recorded against said Plot. AND WHEREAS the Vendor/Assignor is entitled and enjoined upon to construct buildings on the plot in accordance with the recitals hereinabove. The Vendor/Assignor is in possession of the plot since the date of execution of Lease Deed by CIDCO. AND WHEREAS the Vendor/Assignor has proposed to construct on the plot “Kanhere Residency” having 13 Flat. AND WHEREAS the Allottee / Purchaser is offered an Flat bearing number ___ on (herein after referred to as the said “Flat”) of the Building called “Kanhere Residency” (herein after referred to as the said “Building”) being constructed in the said Plot, by the Vendor/Assignor. AND WHEREAS the Vendor/Assignor has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; (3) AND WHEREAS the Vendor/Assignor has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority having registration No. _________ dated ________; authenticated copy is attached in Annexure ‘F’; AND WHEREAS the Vendor/Assignor has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Vendor/Assignor accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of Lease Deed in respect of the plot, Vendor/Assignor has exclusive right to Assign the Flat in the said Plot to be constructed by the Vendor/Assignor on the plot and to enter into Agreement/s with the Allottee/Purchaser/Assignee(s)/s of the Flat to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee / Purchaser/Assignee, the Vendor/Assignor has given inspection to the Allottee / Purchaser/Assignee of all the documents of title relating to the plot and the plans, designs and specifications prepared by the Vendor/Assignor's Architects Mr. Sanjay Atmaram Jadhav, Architect and Interior Designer, and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made there under; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Vendor/Assignor, showing the nature of the title of the Vendor/Assignor to the plot on which the Flats are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the CIDCO, Aurangabad authority has been annexed hereto and marked as Annexure C-1. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Vendor/Assignor and according to which the construction of (4) the building is proposed to be constructed/provided for on the said plot have been annexed hereto and marked as Annexure C-2, AND WHEREAS the authenticated copies of the plans and specifications of the Flat agreed to be purchased by the Allottee / Purchaser/Assignee, as sanctioned and approved by the Aurangabad Municipal Corporation, Aurangabad authority have been annexed and marked as Annexure D AND WHEREAS the Vendor/Assignor has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said Plot and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Plot. 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 Vendor/Assignor while developing the plot 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 Aurangabad Municipal Corporation, Aurangabad. AND WHEREAS the Vendor/Assignor has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee/ Purchaser/Assignee has applied to the Vendor/Assignor for allotment of an Flat No. 103 situated in the building “Kanhere Residency” being constructed in the said Plot, AND WHEREAS the carpet area of the said Flat is _____ square meters and "carpet area" means the net usable floor area of an Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat for exclusive use of the Allottee / Purchaser/Assignee and exclusive open terrace area appurtenant to the said Flat for exclusive use of the Allottee / Purchaser/Assignee, but includes the area covered by the internal partition walls of the Flat. AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the (5) 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, prior to the execution of these presents the Allottee / Purchaser/Assignee has paid to the Vendor/Assignor a sum of Rs. _________/- (Rupees _____________) only, being part payment of the sale consideration/Lease premium of the Flat agreed to be assigned by the Vendor/Assignor to the Allottee / Purchaser/Assignee as advance payment or Application Fee (the payment and receipt whereof the Vendor/Assignor both hereby admit and acknowledge) and the Allottee / Purchaser/Assignee has agreed to pay to the Vendor/Assignor the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Vendor/Assignor has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. ________ dated __________. AND WHEREAS, under section 13 of the said Act the Vendor/Assignor is required to execute a written Assignment Agreement of said Flat with the Allottee / Purchaser/Assignee, 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 Vendor/Assignor hereby agrees to assign and the Allottee / Purchaser/Assignee hereby agrees to purchase/ get transferred the Flat. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Vendor/Assignor shall construct the said building/s consisting of five floors on the plot in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Vendor/Assignor shall have to obtain prior consent in writing of the Allottee / Purchaser/Assignee in respect of variations or modifications which may adversely affect the Flat of the Allottee / Purchaser/Assignee except any alteration or addition required by any Government authorities or due to change in law. (6) 1.a (i) The Allottee/Purchaser/Assignee hereby agrees to purchase from the Vendor/Assignor and the Vendor/Assignor hereby agrees to assign to the Allottee/Purchaser/Assignee Flat No. ____ of the carpet area admeasuring ______ sq. metres on ______ floor in the building “Kanhere Residency” (hereinafter referred to as "the Flat") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ___________/- 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. (the price of the Flat including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 1(b) The total aggregate consideration amount for the Flat is thus Rs. 45,00,000/- (Rupees forty five lakh only). 1(c) The Allottee / Purchaser/Assignee has paid on or before execution of this agreement a sum of Rs. __________/- (Rupees _______ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Vendor/Assignor the balance amount of Rs _______/- (Rupees _______ lakh) in the following manner :- i. Amount of Rs. __________/- (Rupees _____ lakh) (not exceeding 30% of the total consideration) to be paid to the Vendor / Assignor today after the execution of Agreement. Out of above amount of Rs. _________/- the purchaser has paid an amount of Rs.__________/- (Rupees ______ lakh) to the Vendor under cheque No. ____ dated _____ drawn on ________ (not exceeding 30% of the total amount). ii. Amount of Rs. _________/- (Rupees ____________________ only) (not exceeding 45% of the total consideration) to be paid to the Vendor/Assignor on completion of the Plinth of the building or wing in which the said Flat is located. iii. Amount of Rs. __________/- (Rupees ______________) (not exceeding 70% of the total consideration) to be paid to the Vendor/Assignor on completion of the slabs including podiums and stilts of the building or wing in which the said Flat is located. (7) iv. Amount of Rs. _______/- (Rupees _____________) (not exceeding 75% of the total consideration) to be paid to the Vendor/Assignor on completion of the walls, internal plaster, floorings doors and windows of the said Flat. v. Amount of Rs.________/- (Rupees ________________) (not exceeding 80% of the total consideration) to be paid to the Vendor/Assignor on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Flat. vi. Amount of Rs._________/- (Rupees _______________) ( not exceeding 85% of the total consideration) to be paid to the Vendor/Assignor on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Flat is located.. vii. Amount of Rs. __________/- (Rupees _________________) (not exceeding 95% of the total consideration) to be paid to the Vendor/Assignor on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Flat is located. viii. Balance Amount of Rs. _________/- (Rupees _____________only) against and at the time of handing over of the possession of the Flat to the Allottee / Purchaser/Assignee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Vendor/Assignor by way of G.S.T. or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Vendor/Assignor) up to the date of handing over the possession of the Flat. 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 Vendor/Assignor undertakes and agrees that while raising a demand on the Allottee / Purchaser for increase in development charges, cost, or levies imposed by the competent authorities (8) etc., the Vendor/Assignor 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 / Purchaser/Assignee, which shall only be applicable on subsequent payments. 1(f) The Vendor/Assignor may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee / Purchaser/Assignee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee / Purchaser/Assignee by the Vendor/Assignor. 1(g) The Vendor/Assignor shall confirm the final carpet area that has been allotted to the Allottee / Purchaser/Assignee 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 recalculated upon confirmation by the Vendor/Assignor. If there is any reduction in the carpet area within the defined limit then Vendor/Assignor shall refund the excess money paid by Allottee / Purchaser/Assignee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee / Purchaser/Assignee. If there is any increase in the carpet area allotted to Allottee / Purchaser/Assignee, the Vendor/Assignor shall demand additional amount from the Allottee / Purchaser/Assignee 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(h) The Allottee / Purchaser /Assignee authorizes the Vendor/Assignor 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 Vendor/Assignor may in its sole discretion deem fit and the Allottee/Purchaser/Assignee undertakes not to object/demand/direct the Vendor/Assignor to adjust his payments in any manner. Note: Each of the installments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple installments linked to number of basements/podiums/floors in case of multi-storied building /wing. (9) 2.1 The Vendor/Assignor 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 Flat to the Allottee / Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Flat. 2.2 Time is essence for the Vendor/Assignor as well as the Allottee/ Purchaser/Assignee. The Vendor/Assignor shall abide by the time schedule for completing the project and handing over the Flat to the Allottee/Purchaser/Assignee and the common areas to the association of the Allottee/Purchasers after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee / Purchaser/Assignee 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 Vendor/Assignor as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Vendor/Assignor hereby declares that the Floor Space Index available as on date in respect of the plot is 3840.00 square meters only and Vendor/Assignor has planned to utilize Floor Space Index of 0.638 by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme 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 Plot. The Vendor/Assignor has disclosed the Floor Space Index of 1.00 as proposed to be utilized by him on the plot in the said Plot and Allottee / Purchaser/Assignee has agreed to purchase the said Flat based on the proposed construction and assignement of Flat to be carried out by the Vendor/Assignor by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Vendor/Assignor only. 4.1 If the Vendor/Assignor fails to abide by the time schedule for completing the project and handing over the Flat to the Allottee / Purchaser, the Vendor/Assignor agrees to pay to the Allottee / Purchaser, who does not (10) intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee/Purchaser, for every month of delay, till the handing over of the possession. The Allottee/Purchaser agrees to pay to the Vendor/Assignor, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee / Purchaser to the Vendor/Assignor under the terms of this Agreement from the date the said amount is payable by the Allottee / Purchaser/Assignee(s) to the Vendor/Assignor. 4.2 Without prejudice to the right of Vendor/Assignor to charge interest in terms of sub clause 4.1 above, on the Allottee/Purchaser committing default in payment on due date of any amount due and payable by the Allottee/Purchaser to the Vendor/Assignor under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee / Purchaser committing three defaults of payment of installments, the Vendor/Assignor shall at his own option, may terminate this Agreement: Provided that, Vendor/Assignor shall give notice of fifteen days in writing to the Allottee / Purchaser, by Registered Post AD at the address provided by the Allottee / Purchaser and mail at the e-mail address provided by the Allottee / Purchaser, 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 / Purchaser fails to rectify the breach or breaches mentioned by the Vendor/Assignor within the period of notice then at the end of such notice period, Vendor/Assignor shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Vendor/Assignor shall refund to the Allottee / Purchaser (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Vendor/Assignor) within a period of thirty days of the termination, the installments of sale consideration/ Lease Premium of the Flat which may till then have been paid by the Allottee / Purchaser to the Vendor/Assignor. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities, or price range (if unbranded) to be provided by the (11) Vendor/Assignor in the said building and the Flat as are set out in Annexure 'E', annexed hereto. 6. The Vendor/Assignor shall give possession of the Flat to the Allottee / Purchaser on or before _________. If the Vendor/Assignor fails or neglects to give possession of the Flat to the Allottee / Purchaser on account of reasons beyond his control and of his agents by the aforesaid date then the Vendor/Assignor shall be liable on demand to refund to the Allottee / Purchaser the amounts already received by him in respect of the Flat with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Vendor/Assignor received the sum till the date the amounts and interest thereon is repaid. Provided that the Vendor/Assignor shall be entitled to reasonable extension of time for giving delivery of Flat on the aforesaid date, if the completion of building in which the Flat 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 Vendor upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee / Purchaser as per the agreement shall offer in writing the possession of the Flat, to the Allottee / Purchaser in terms of this Agreement to be taken within 3 (three months) from the date of issue of such notice and the Vendor/Assignor shall give possession of the Flat to the Allottee / Purchaser/Assignee. The Vendor/Assignor agrees and undertakes to indemnify the Allottee / Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Vendor/Assignor. The Allottee / Purchaser agree(s) to pay the maintenance charges as determined by the Vendor/Assignor or association of Allottee / Purchasers, as the case may be. The Vendor/Assignor on its behalf shall offer the possession to the Allottee / Purchaser in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee / Purchaser/Assignee shall take possession of the Flat within 15 days of the written notice from the Vendor/Assignor to the Allottee / Purchaser/Assignee intimating that the said Flat is ready for use and occupancy: (12) 7.3 Failure of Allottee / Purchaser/Assignee to take Possession of Flat: Upon receiving a written intimation from the Vendor/Assignor as per clause 8.1, the Allottee / Purchaser shall take possession of the Flat from the Vendor/Assignor by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Vendor/Assignor shall give possession of the Flat to the Allottee / Purchaser. In case the Allottee / Purchaser fails to take possession within the time provided in clause 8.1 such Allottee / Purchaser 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 Flat to the Allottee / Purchaser, the Allottee / Purchaser brings to the notice of the Vendor/Assignor any structural defect in the Flat or the building in which the Flat is situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Vendor/Assignor at his own cost and in case it is not possible to rectify such defects, then the Allottee / Purchaser shall be entitled to receive from the Vendor/Assignor, compensation for such defect in the manner as provided under the Act. 8. The Allottee / Purchaser shall use the Flat or any part thereof or permit the same to be used only for purpose of residence. He shall use common parking space only for purpose of keeping or parking his own vehicle. 9. The Allottee / Purchaser along with other Allottee / Purchaser/ Assignee (s)s of Flat 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 Vendor/Assignor 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 byelaws of the proposed Society and duly fill in, sign and return to the Vendor/Assignor within seven days of the same being forwarded by the Vendor/Assignor to the Allottee / Purchaser/Assignee, so as to enable the Vendor/Assignor / to register the common organization of Allottee / Purchaser. No objection shall be taken by the Allottee / Purchaser 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 (13) Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Vendor/Assignor 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 right, title and the interest of the Vendor/Assignor in the said structure of the Building or wing in which the said Flat is situated. 9.2 The Vendor/Assignor shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/ Assignor in the plot on which the building is constructed. 9.3 Within 15 days after notice in writing is given by the Vendor/Assignor to the Allottee / Purchaser/Assignee that the Flat is ready for use and occupancy, the Allottee / Purchaser/Assignee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat) of outgoings in respect of the plot 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 and all other expenses necessary and incidental to the management and maintenance of the plot and building/s. Until the Society or Limited Company is formed and the said structure of the building/s is transferred to it, the Allottee / Purchaser/Assignee shall pay to the Vendor/Assignor such proportionate share of outgoings as may be determined. The Allottee / Purchaser further agrees that till the Allottee / Purchaser's share is so determined the Allottee / Purchaser shall pay to the Vendor/Assignor provisional monthly contribution as decided by majority towards the outgoings. The amounts so paid by the Allottee / Purchaser to the Vendor/Assignor shall not carry any interest and remain with the Vendor/Assignor until a conveyance/assignment of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease 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 Vendor/Assignor to the Society or the Limited Company, as the case may be. (14) 10. The Allottee / Purchaser/Assignee shall on or before delivery of possession of the said premises keep deposited with the Vendor/Assignor, the following amounts:- (i) 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) Rs. ______/- for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body or one time maintenance charges. (iv) Rs. _____/- For Deposit towards Electricity and other utility and services connection charges & for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee / Purchaser/Assignee shall pay to the Vendor/Assignor a sum of Rs. 10,000/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Vendor/Assignor 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 or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee / Purchaser/Assignee shall pay to the Vendor/Assignor, the Allottee / Purchasers' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease 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 or Lease of the plot, the Allottee / Purchaser shall pay to the Vendor/Assignor, the Allottee / Purchasers' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease 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 VENDOR/ASSIGNOR (15) The Vendor/Assignor hereby represents and warrants to the Allottee / Purchaser/Assignee as follows: i. The Vendor/Assignor has clear and marketable title with respect to the plot; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the plot and also has actual, physical and legal possession of the plot for the implementation of the Project; ii. The Vendor/Assignor 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 plot 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 plot 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, plot and said building is valid and subsisting and has 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, plot and said building shall be obtained by following due process of law and the Vendor/Assignor has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, plot, Building and common areas; vi. The Vendor/Assignor 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 / Purchaser/Assignee created herein, may prejudicially be affected; vii. The Vendor/Assignor 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 plot, including the Project and the said Flat which will, in any manner, affect the rights of Allottee / Purchaser/Assignee under this Agreement; (16) viii. The Vendor/Assignor confirms that the Vendor/Assignor is not restricted in any manner whatsoever from assigning/transferring the said Flat to the Allottee / Purchaser/Assignee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of Allottee / Purchasers the Vendor/Assignor shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottee / Purchasers; x. The Vendor/Assignor has duly paid and shall continue to pay and discharge undisputed 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 Plot 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 Vendor/Assignor in respect of the plot and/or the Project except those disclosed in the title report. 14. The Allottee / Purchaser/s or himself / themselves with intention to bring all persons into whosoever hands the Flat may come, hereby covenants with the Vendor/Assignor/Assignee as follows :- i. To maintain the Flat at the Allottee / Purchaser's own cost in good and tenantable repair and condition from the date that of possession of the Flat is taken and shall not do or suffer to be done anything in or to the building in which the Flat 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 Flat is situated and the Flat itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Flat 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 Flat 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 (17) the Flat is situated, including entrances of the building in which the Flat is situated and in case any damage is caused to the building in which the Flat is situated or the Flat on account of negligence or default of the Allottee / Purchaser in this behalf, the Allottee / Purchaser/Assignee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Flat and maintain the Flat in the same condition, state and order in which it was delivered by the Vendor/Assignor to the Allottee / Purchaser and shall not do or suffer to be done anything in or to the building in which the Flat is situated or the Flat 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 / Purchaser/Assignee committing any act in contravention of the above provision, the Allottee / Purchaser 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 Flat 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 Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat is situated and shall keep the portion, sewers, drains and pipes in the Flat 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 Flat 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 Flat without the prior written permission of the Vendor/Assignor 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 plot and the building in which the Flat 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 the said Flat in the compound or any portion of the plot and the building in which the Flat is situated. (18) vii. Pay to the Vendor/Assignor within fifteen days of demand by the Vendor/Assignor, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Flat 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 Flat by the Allottee / Purchaser/Assignee for any purposes other than for purpose for which it is agreement to lease. ix. The Allottee / 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 Flat until all the dues payable by the Allottee / Purchaser/Assignee to the Vendor/Assignor under this Agreement are fully paid up. x. The Allottee / Purchaser/Assignee 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 Flat 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 / Purchaser/Assignee 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 Flat 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 Flat is situated is executed in favour of Society/Limited Society, the Allottee / Purchaser/Assignee shall permit the Vendor/Assignor 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 plot on which the building in which Flat is situated is executed in favour of Apex Body or Federation, the Allottee / (19) Purchaser/Assignee shall permit the Vendor/Assignor and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the plot or any part thereof to view and examine the state and condition thereof. 15. The Vendor/Assignor shall maintain a separate account in respect of sums received by the Vendor/Assignor from the Allottee / Purchaser/Assignee 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 Flat or of the said Plot and Building or any part thereof. The Allottee / Purchaser/Assignee shall have no claim save and except in respect of the Flat hereby agreed to be agreement to lease him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Vendor/Assignor until the said structure of the building is transferred to the Society/Limited Company or other body and until the plot is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. VENDOR/ASSIGNOR SHALL NOT MORTGAGE OR CREATE A CHARGE After the Vendor/Assignor executes this Agreement he shall not mortgage or create a charge on the Flat 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 right and interest of the Allottee / Purchaser/Assignee who has taken or agreed to take such Flat. 18. BINDING EFFECT Forwarding this Agreement to the Allottee / Purchaser/Assignee by the Vendor/Assignor does not create a binding obligation on the part of the Vendor/Assignor or the Allottee / Purchaser until, firstly, the Allottee / Purchaser /Assignee 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 / Purchaser/Assignee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Vendor/Assignor. If the Allottee / (20) Purchaser /Assignee (s) fails to execute and deliver to the Vendor/Assignor this Agreement within 30 (thirty) days from the date of its receipt by the Allottee / Purchaser/Assignee and/or appear before the Sub-Registrar for its registration as and when intimated by the Vendor/Assignor, then the Vendor/Assignor shall serve a notice to the Allottee / Purchaser /Assignee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee / Purchaser, application of the Allottee / Purchaser shall be treated as cancelled and all sums deposited by the Allottee / Purchaser in connection therewith including the booking amount shall be returned to the Allottee / Purchaser 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 Flat, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / PURCHASER / 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 Allottee / Purchaser/Assignee of the Flat, in case of a transfer, as the said obligations go along with the Flat 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 there under 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 there under 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. (21) 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee / Purchaser/Assignee has to make any payment, in common with other Allottee / Purchaser /Assignee(s) in Project, the same shall be in proportion to the carpet area of the Flat to the total carpet area of all the Flat 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 Vendor/Assignor through its authorized signatory at the Vendor/Assignor’s Office, or at some other place, which may be mutually agreed between the Vendor/Assignor and the Allottee / Purchaser / Assignee, in after the Agreement is duly executed by the Allottee / Purchaser/Assignee and the Vendor/Assignor 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 / Purchaser/ Assignee and/or Vendor/Assignor shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Vendor/Assignor will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee / Purchaser / Assignee and the Vendor/Assignor as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee / Purchaser / Assignee or the Vendor/Assignor by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee / Purchaser - ------------------------ R/o. “Ashirwad Niwas”, Amdar Colony, Jintur, (22) Dist. Parbhani- 431509 (Allottee / Purchaser/ Assignee’s Address) Notified Email ID:___________ Shri. Sheshnarayan Vilas Kanhere a propitiatory firm having its office Plot No. 22/23, Jalna Road, Siddivinayak, Sundarwadi, Zalta Phata, Aurangabad at the address mentioned in title clause E-mail: sharad_kanhere@yahoo.com It shall be the duty of the Allottee / Purchaser/Assignee and the Vendor/Assignor 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 Vendor/Assignor or the Allottee / Purchaser, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees/ Purchasers all communications shall be sent by the Vendor/Assignor to the Allottee / Purchaser whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees / Purchasers. 29. Stamp Duty and Registration:- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee / purchaser. 30. Dispute Resolution:- Any dispute between parties shall be settled amicably or through Arbitration / conciliation proceedings. In case of failure to settled the dispute amicably, which shall be referred to the Real Estate Regulation Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. 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, Maharashtra in the presence of attesting witness, signing as such on the day first above written. (23) First Schedule Above Referred to Description of the freehold land and all other details Sr. Extent of Location Boundaries. No Area . 01 N. A. Plot No. N.A. plot no. 8, situated North- Plot No. 1 . 8, at survey no. 23 (part), South- Plot No. 9 admeasuring village Jaswantsinghpura, East– Garden 456.84 sq. Sector N-5/F, CIDCO, West- Plot No. 7 meters. New Aurangabad, within local limits of Aurangabad Municipal Corporation, Aurangabad. Second Schedule Above Referred to Here set out the nature, extent and description of common areas and facilities. 01) Compound wall with security gate. 02) Paived internal area and parking lots. 03) One Lift with battery back-up 04) One numbers bore well along with Electric Motor fitted thereon for water. (The vendor/Builder/Developer does not give guarantee of sufficiency of Water in the bore well as it depends on rain fall. SIGNED AND DELIVERED BY THE WITHIN NAMED Allottee /Purchaser/Assignee: (including joint buyers) Mr. _______________ SIGNED AND DELIVERED BY THE WITHIN NAMED VENDOR/ASSIGNOR Mr. Sheshnarayan Vilas Kanhere In presence of WITNESSES: 01) Name Address:- Signature ____________ _ 02) Name Address:- Signature ___________ (24) SCHEDULE ‘A’ (Description of the Flat under agreement) All the piece and parcel of the property i.e. Flat No. ___ admeasuring ______ sq. mtrs. carpet area on _______ floor in “Kanhere Residency” constructed on Plot No. 8, survey no. 23 (part), Jaswantsinghpura, Sector N-5/F, CIDCO, New Aurangabad, within local limits of Aurangabad Municipal Corporation, Aurangabad and the said Flat is bounded by: - East – ____________, West – _____________, South – ___________ and North – ___________. SCHEDULE ‘B’ FLOOR PLAN OF THE FLAT – Annexed herewith. ANNEXURE – A – (Copy of Search/Title Report is annexed with agreement.) ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Vendor/Assignor to the plot). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Vendor/Assignor and according to which the construction of the buildings and open spaces are proposed to be provided for on the said Plot) ANNEXURE –D (Authenticated copies of the plans and specifications of the Flat agreed to be purchased by the Allottee /Purchaser /Assignee as approved by the concerned local authority) (25) ANNEXURE – E (Specification and amenities for the Flat), Doors and windows: Decorative main door Good quality water proof doors 3 track powder coated aluminum windows Marble door frames to toilets Flooring: vetrified designer tiles and anti skid tiles in terraces Kitchen : Granite kitchen platform and Stainless steel sink Tiles up to lintel lavel and Provision for water purifier Provision for exhaust fan and geyser Toilets : Anti skid floor tiles upto lintel level Wall mixer point Provision for exhaust fan Electrical : Adquqate electrical points Circuit breaker to all flats Provision for inverter point Brandes switches and wires Provision for AC point in Bedroom Painting : Internal oil bond distemper External water based emulsion paint ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) Received of and from the Allottee/Purchaser/Assignee above named the sum of Rupees __________ under cheque No. ______ dated _________ drawn on ________________ on execution of this agreement towards Earnest Money Deposit or application fee I say received. File Name- Assignment Agreement Kanhere Residency RERA S R Jadhav Folder