(1) Annexure ‘A’ Model Form of Agreement to be entered into between Promoter and Allottee(s) (See rule 10(1)) Agreement to sale This Agreement to sale is made at Aurangabad on this ____th day of December 2021 in the year Two Thousand and twenty one between: M/s. Shri. Narayana Developers having its office at Plot No. 1033, Shivneri Gadi, Sai nagari, N-6, CIDCO, Aurangabad 431 003 through its Authorized Partners : a) Shri.Narayanrao Bhuganjrao Jadhav, Age: 74 years, Occu: Service R/o. Plot No. 1033, Shivneri Gad, Sai nagari, N-6, CIDCO, Aurangabad 431 001 PAN NO. / Aadhar No. 8505 4048 3973 b) Shri.Bhagwan Rajabhau Chate, Age: 48 years, Occu: Service R/o. At. Tambava, Tq. Kaij, Dist. Beed – 431 230 PAN NO. / Aadhar No. 2944 6084 8819 c) Shri.Ravikant Purushottamrao Sonwane, Age: 38 years, Occu: Service R/o. At & Post. Sarni (Anandgaon), Tq. Kaij, Dist. Beed – 431 123 PAN NO. / Aadhar No. 5844 9648 4114 d) Shri. Dnyaneshwar Narayanrao Jadhav Age: 50 years, Occu: Service R/o. Plot No. 1033, Shivneri Gad, Sai nagari, N-6, CIDCO, Aurangabad 431 001 PAN NO. / Aadhar No. 894313719675 e) Shri. Pratapsingh Narsingh Kakarwal Age: 46 years, Occu: Service R/o. Plot No. 4, Sarthak, Sy. No. 194/3/1, Gurudatta Nagar, Jalgaon road, Auangabad PAN NO. / Aadhar No.8119 1254 1102 Through its Authorized Partners 1) Shri. Dnyaneshwar Narayanrao Jadhav Age: 50 years, Occu: Service R/o. Plot No. 1033, Shivneri Gad, Sai nagari, N-6, CIDCO, Aurangabad 431 001 PAN NO. / Aadhar No. 894313719675 2) Shri. Pratapsingh Narsingh Kakarwal Age: 46 years, Occu: Service R/o. Plot No. 4, Sarthak, Sy. No. 194/3/1, Gurudatta Nagar, Jalgaon road, Auangabad PAN NO. / Aadhar No.8119 1254 1102 (2) Hereinafter called as OWNER/VENDOR/PROMOTER/ 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 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, It is seen from the 7/12 extract of the land and mutation entry sanctioned by competent authority that Sow. Chandraprabhabai Madanlal Zanwar was original owner and possessor of the land and her name appears in the 7/12 extract as owner and possessor of the property. From perusal of NA order it is seen that area of 34,450 sq. meters was owned by Chandraprabha Madanlal Zanwar. 02. AND WHEREAS Sow. Chandraprabha Madanlal Zanwar obtained NOC for sale of plots from Gut No. 146 of village Tisgaon, Tq. & Dist. Aurangabad in the year 1997. Further Sow. Chandraprabha Zanwar obtained development permission for the proposed lay out permission on Gut No. 146 of village Tisgaon vide letter dated 07.10.2007. Further permission to sale the plot is also issued on 07.10.2009. 03. AND WHEREAS Sow. Chandraprabha Zanwar sold plot No. 13,14,16 to 32 to Shri. Ashok Motilal Chandaliya and Rajendra Motilal Chandaliya under registered sale deed no. 2936 dated 05.04.2010. The competent Revenue Authority sanctioned the mutation in favour of purchasers. 04. AND WHEREAS Shri. Ashok Motilal Chandaliya and Rajendra Motilal Chandalitya further transferred and sold plot no. 26, 27 and 28 admeasuring 562.23 sq. meter to Shri. Sumit Subhashchand Kasliwal and Nita Sanjay Sonone under registered sale deed no. 4248 dated 18.10.2011. The competent revenue authority sanctioned mutation entry no. 6072 and names of purchaser are recorded in the 7/12 extract as owner and possessor of the plot no. 26, 27 and 28. (3) 05. AND WHEREAS N.A. permission u/sec. 44 of the Maharashtra Land Revenue Code is obtained from Collector, Aurangabad in respect of land Gut No. 146 of village Tisgaon in respect of 34450 sq. mtrs. area vide order No. Masha/Jamin-1/Akrushi/Pra.Kra./25/2001-2002 dated 20/21.06.2002. 06. AND WHEREAS demarcated residential layout plan in respect of Gut No.146 of village Tisgaon is approved by the City and Industrial Development Corporation of Maharahstra Ltd. (CIDCO Ltd.) Aurangabad vide revised sanction letter No. CIDCO/SP(NT)/BP/WLJ/1386 DATED 07.10.2009. 07. AND WHEREAS Shri. Sumit Subhashchand Kasliwal and Nita Sanjay Sonone further transferred and sold plot No. 26, 27 and 28 to M/s. Shri. Narayana Developers – a partnership firm under registered sale deed no. 5206 dated 01.09.2020. The competent revenue authority sanctioned the mutation in favour of purchaser and names of purchaser firm through its partner are recorded as owner and possessor of plots. 08. M/s. Shri. Narayana Developers have obtained commencement certificate dated 23.06.2021 from City and Industrial Development Maharashtra Corporation Ltd. (CIDCO Ltd) and are constructing 9 units. 09. AND WHEREAS builder / developer has executed and registered deed of declaration u/s. 2A, 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. _____ dated _____.2021. 10. AND WHEREAS, M/s. Shri. Narayana Developers a partnership firm is having clear, legal and marketable title and is peacefully in possession of the said plots, which are free from all encumbrances. (vi) Details of mortgage or lien or charge on the said property.) 11. 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 M/s. Shri. Narayana Developers have not obtained loan / financial assistance and no charges is created on the property i.e. plot No. 26, 27 and 28. No encumbrances are found recorded against said plot. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove. The Vendor/Owners in possession of the project land since the date of purchase. (4) AND WHEREAS the Promoter has proposed to construct on the project land “Shri Govindam Residency” having 09 units. AND WHEREAS the Allottee / Purchaser is offered an Independent unit bearing number ___ on (herein after referred to as the said “Unit”) of the Building called Shri Govindam Residency (herein after referred to as the said “Building”) being constructed in the said project, by the Promoter. AND WHEREAS the Owner / Promoter 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; AND WHEREAS the Owner / Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority having registration No. _____________; authenticated copy is attached in Annexure ‘F’; AND WHEREAS the Owner / Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the sale deed in respect of the plots, Promoters have exclusive right to sell the units in the said building/s to be constructed by the Owner / Promoter on the project land and to enter into Agreement/s with the Allottee/Purchaser(s)/s of the units to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee/Purchaser, the Owner / Promoter has given inspection to the Allottee/Purchaser of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects M/s. R. B. & Associates, 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 thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Owner / Promoter, authenticated copies of 7/12 extract or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the (5) Promoter / Builder / Developer to the project land on which the Units 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 Owner / Promoter and according to which the construction of the buildings is proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2, AND W HEREAS the authenticated copies of the plans and specifications of the Units agreed to be purchased by the Allottee / Purchaser, as sanctioned and approved by the CIDCO authority have been annexed and marked as Annexure D AND WHEREAS the Owner / Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s 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 Building. 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 Owner / Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority / CIDCO ltd. AND WHEREAS the Owner / Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee / Purchaser has applied to the Promoter / Builder / Developer for allotment of an Unit No. ___ situated in the building Shri Govindam Residency being constructed in the said Project, AND WHEREAS the carpet area of the said Unit is _____ square meters and "carpet area" means the net usable floor area of an Unit, (6) excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Unit for exclusive use of the Allottee / Purchaser or verandah area and exclusive open terrace area appurtenant to the said Unit for exclusive use of the Allottee / Purchaser, but includes the area covered by the internal partition walls of the Unit. AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Allottee / Purchaser has paid to the Owner / Promoter / Developer a sum of Rs. _________/- (Rupees _____________) only, being part payment of the sale consideration of the Unit agreed to be sold by the Promoter to the Allottee / Purchaser as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee / Purchaser has agreed to pay to the Promoter / Builder / Developer the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no.________ ; AND WHEREAS, under section 13 of the said Act the Promoter / Builder / Developer is required to execute a written Agreement for sale of said Unit with the Allottee / Purchaser, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee / Purchaser hereby agrees to purchase the Unit. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Owner / Vendor / Promoter shall construct the said building/s consisting of ground + first floor on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Owner / Promoter shall have to obtain prior consent in writing of the Allottee / Purchaser in respect of variations or modifications which may adversely affect the Unit of the (7) Allottee / Purchaser except any alteration or addition required by any Government authorities or due to change in law. 1.a (i) The Allottee/Purchaser hereby agrees to purchase from the Vendor / Promoter / Builder and the Promoter hereby agrees to sell to the Allottee/Purchaser Unit No. ____ of the carpet area admeasuring ______ sq. metres on Ground + first floor in the building Shri Govindam Residency (hereinafter referred to as "the Unit") 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 Unit 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 Unit is thus Rs. ________/- (Rupees ___________ only). 1(c) The Allottee / Purchaser 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 Promoter 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 Owner / Vendor / Promoter / Builder 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 / Promoter / Builder on completion of the Plinth of the building or wing in which the said Unit is located. iii. Amount of Rs. __________/- (Rupees ______________) (not exceeding 70% of the total consideration) to be paid to the Vendor / (8) Promoter / Builder on completion of the slabs including podiums and stilts of the building or wing in which the said Unit is located. iv. Amount of Rs. _______/- (Rupees _____________) (not exceeding 75% of the total consideration) to be paid to the Vendor / Promoter / Builder on completion of the walls, internal plaster, floorings doors and windows of the said Unit. v. Amount of Rs.________/- (Rupees ________________) (not exceeding 80% of the total consideration) to be paid to the Vendor / Promoter / Builder on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Unit. vi. Amount of Rs._________/- (Rupees _______________) ( not exceeding 85% of the total consideration) to be paid to the Vendor / Promoter / Builder on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Unit is located.. vii. Amount of Rs. __________/- (Rupees _________________) (not exceeding 95% of the total consideration) to be paid to the Vendor / Promoter / Builder 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 Unit is located. viii. Balance Amount of Rs. _________/- (Rupees _____________only) against and at the time of handing over of the possession of the Unit to the Allottee / Purchaser 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 / Promoter 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 / Promoter) up to the date of handing over the possession of the Unit. 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 (9) Bodies/Government from time to time. The Vendor / Promoter 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 etc., the Vendor / Promoter shall enclose the said notification/ order/rule / regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee / Purchaser, which shall only be applicable on subsequent payments. 1(f) The Vendor / Promoter / Builder may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee / Purchaser 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 by the Vendor / Promoter / Builder. 1(g) The Vendor / Promoter shall confirm the final carpet area that has been allotted to the Allottee / Purchaser 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 / Promoter / Builder. If there is any reduction in the carpet area within the defined limit then Vendor / Promoter shall refund the excess money paid by Allottee / Purchaser 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. If there is any increase in the carpet area allotted to Allottee / Purchaser, the Vendor / Promoter shall demand additional amount from the Allottee / Purchaser 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 authorizes the Vendor/Promoter to adjust/ appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Vendor/Promoter may in its sole discretion deem fit and the Allottee/Purchaser undertakes not to object/demand/direct the Vendor / Promoter to adjust his payments in any manner. (10) 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. 2.1 The Owner /Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Unit to the Allottee / Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Unit. 2.2 Time is essence for the Owner/Promoter as well as the Allottee/ Purchaser. The Promoter shall abide by the time schedule for completing the project and handing over the Unit to the Allottee/Purchaser 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 shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 700.829 square meters only and Promoter has planned to utilize Floor Space Index of 1.246 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 Project. The Promoter has disclosed the Floor Space Index of 1.246 as proposed to be utilized by him on the project land in the said Project and Allottee / Purchaser has agreed to purchase the said Unit based on the proposed construction and sale of Units to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1 If the Owner /Vendor / Promoter fails to abide by the time schedule for completing the project and handing over the Unit to the Allottee / Purchaser, (11) the Vendor / Promoter agrees to pay to the Allottee / Purchaser, who does not 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 / Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee / Purchaser to the Vendor / Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee / Purchaser(s) to the Vendor / Promoter. 4.2 Without prejudice to the right of Vendor / Promoter 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 / Promoter 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 / Promoter shall at his own option, may terminate this Agreement: Provided that, Vendor / Promoter 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 / Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Owner / Vendor / Promoter / Builder 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 / Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Unit which may till then have been paid by the Allottee / Purchaser to the Promoter. 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 Vendor / Promoter / Builder in the said building and the Unit as are set out in Annexure 'E', annexed hereto. (12) 6. The Owner /Vendor / Promoter / Builder shall give possession of the Unit to the Allottee / Purchaser on or before 31.07.2024. If the Promoter fails or neglects to give possession of the Unit to the Allottee / Purchaser on account of reasons beyond his control and of his agents by the aforesaid date then the Vendor / Promoter shall be liable on demand to refund to the Allottee / Purchaser the amounts already received by him in respect of the Unit with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Vendor / Promoter shall be entitled to reasonable extension of time for giving delivery of Unit on the aforesaid date, if the completion of building in which the Unit 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 Owner /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 Unit, 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 Promoter shall give possession of the Unit to the Allottee / Purchaser. The Vendor / Promoter 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 / Promoter / Builder. The Allottee / Purchaser agree(s) to pay the maintenance charges as determined by the Vendor / Promoter or association of Allottee / Purchasers, as the case may be. The Vendor / Promoter 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 shall take possession of the Unit within 15 days of the written notice from the Vendor / Promoter to the Allottee / Purchaser intimating that the said Units are ready for use and occupancy: 7.3 Failure of Allottee / Purchaser to take Possession of Unit: Upon receiving a written intimation from the Vendor / Promoter / Builder as per clause 8.1, the Allottee / Purchaser shall take possession of the Unit from the Vendor / Promoter / Builder by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, (13) and the Vendor / Promoter / Builder shall give possession of the Unit 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 Unit to the Allottee / Purchaser, the Allottee / Purchaser brings to the notice of the Vendor / Promoter / Builder any structural defect in the Unit or the building in which the Unit is situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee / Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee / Purchaser shall use the Unit 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(s)s of Units 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 / Promoter / Builder 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 / Promoter within seven days of the same being forwarded by the Vendor / Promoter to the Allottee / Purchaser, so as to enable the Vendor / Promoter / 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 Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Vendor / Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the (14) interest of the Vendor/Owner in the said structure of the Building or wing in which the said Unit is situated. 9.2 The Vendor / Promoter 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/ Owner in the project land on which the building is constructed. 9.3 Within 15 days after notice in writing is given by the Vendor / Promoter to the Allottee / Purchaser that the Unit is ready for use and occupancy, the Allottee / Purchaser shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Unit) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s is transferred to it, the Allottee / Purchaser shall pay to the Vendor / Promoter 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 / Promoter provisional monthly contribution as decided by majority towards the outgoings. The amounts so paid by the Allottee / Purchaser to the Promoter shall not carry any interest and remain with the Vendor / Promoter 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 / Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee / Purchaser shall on or before delivery of possession of the said premises keep deposited with the Vendor / Promoter, the following amounts :- (i) Rs. 1,000/- for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (15) (ii) Rs. 2,000/- 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 shall pay to the Promoter a sum of Rs. 5,000/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Vendor / Promoter / Builder 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 shall pay to the Promoter, 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 project land, the Allottee / Purchaser shall pay to the Vendor / Promoter / Builder, 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 PROMOTER The Promoter hereby represents and warrants to the Allottee / Purchaser as follows: i. The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; (16) ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Owner / Vendor / Promoter / Builder 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 created herein, may prejudicially be affected; vii. The Owner / Vendor / Promoter / Builder has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said Unit which will, in any manner, affect the rights of Allottee / Purchaser under this Agreement; viii. The Owner / Vendor / Promoter / Builder confirms that the Vendor / Promoter / Builder is not restricted in any manner whatsoever from selling the said Unit to the Allottee / Purchaser 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 Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottee / Purchasers; (17) x. The Vendor / Promoter / Builder 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 project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Owner / Vendor / Promoter / Builder in respect of the project land 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 Unit may come, hereby covenants with the Vendor / Promoter as follows :- i. To maintain the Unit at the Allottee / Purchaser'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 anything 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. ii. 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 Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances 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 Allottee / Purchaser in this behalf, the Allottee / Purchaser shall be liable for the consequences of the breach. iii. 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 Vendor / Promoter to the Allottee / Purchaser and shall not do or suffer to be done anything in or to the building in which the Unit is (18) situated or the Unit 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 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 Unit 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 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 Vendor / Promoter / Builder and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Unit 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 Unit in the compound or any portion of the project land and the building in which the Unit is situated. vii. Pay to the Vendor / Promoter / Builder within fifteen days of demand by the Promoter, 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 Unit 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 Unit by the Allottee / Purchaser for any purposes other than for purpose for which it is sold. 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 (19) of the Unit until all the dues payable by the Allottee / Purchaser to the Promoter/ Builder / Developer under this Agreement are fully paid up. x. The Allottee / Purchaser 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 Units 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 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 Unit 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 Unit is situated is executed in favour of Society/Limited Society, the Allottee / Purchaser shall permit the Vendor / Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Unit is situated is executed in favour of Apex Body or Federation, the Allottee / Purchaser shall permit the Vendor / Promoter / Builder and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Owner / Vendor / Promoter shall maintain a separate account in respect of sums received by the Vendor / Promoter from the Allottee / Purchaser 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 Units or of the said Plot and Building or any part thereof. The Allottee / Purchaser shall (20) 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 spaces, will remain the property of the Vendor / Promoter / Builder until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the Unit 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 who has taken or agreed to take such Unit. 18. BINDING EFFECT Forwarding this Agreement to the Allottee / Purchaser by the Vendor / Promoter / Builder does not create a binding obligation on the part of the Vendor / Promoter or the Allottee / Purchaser until, firstly, the Allottee / Purchaser 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 and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Vendor / Promoter. If the Allottee / Purchaser(s) fails to execute and deliver to the Vendor / Promoter / Builder this Agreement within 30 (thirty) days from the date of its receipt by the Allottee / Purchaser and/or appear before the Sub-Registrar for its registration as and when intimated by the Vendor / Promoter, then the Vendor / Promoter shall serve a notice to the Allottee / Purchaser 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 Unit, as the case may be. (21) 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 / Purchasers of the Unit, in case of a transfer, as the said obligations go along with the Unit for all intents and purposes. 22. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee / Purchaser has to make any payment, in common with other Allottee / Purchaser(s) in Project, the same shall be in proportion to the carpet area of the Unit to the total carpet area of all the Units 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 (22) The execution of this Agreement shall be complete only upon its execution by the Vendor / Promoter / Builder through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee / Purchaser, in after the Agreement is duly executed by the Allottee / Purchaser and the Vendor / Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Aurangabad. 26. The Allottee / Purchaser and/or Vendor / Promoter 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 / Promoter will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee / Purchaser / Purchaser and the Vendor / Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee / Purchaser or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee / Purchaser - Mr ________________ (Allottee / Purchaser’s Address) Notified Email ID:___________ M/s. Shri. Narayana Developers, a partnership firm having its office at 1033, Shivneri gad, Sai nagar, N-6, CIDCO, Aurangabad or its partners at the address mentioned in title clause E-mail : ______________ It shall be the duty of the Allottee / Purchaser and the Vendor / promoter / Builder 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 / owner / promoter / Builder 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 / Promoter / Builder 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. (23) 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. First Schedule Above Referred to Description of the freehold land and all other details Sr. Extent of Area Location Boundaries. No. 01 N. A. Plot adm. N.A. sanctioned layout plot North- 9 mtr wide road . 562.23sq. no. 26, 27 and 28 forming South- Land Gut No.145 mtrs. part of Gut no. 146, situated East– Plot NO. 57 at village Tisgaon, Waluj West- 9 mtrs wide road Mahajanagar-1, CIDCO Tal. & Dist. 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. 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 : (including joint buyers) Mr. _______________ (24) SIGNED AND DELIVERED BY THE WITHIN NAMED OWNER / VENDOR/ PROMOTER / BUILDER / DEVELOPER M/s. Shri. Narayana Developers a partnership firm through its partners duly authorized by other partners: a) Shri. Narayanarao Bhujangrao Patil b) Shri. Dnyaneshwar Narayanrao Jadhav c) Shri. Bhagwan Rajabhau Chate d) Shri. Ravikant Purushottamrao Sonwane e) Shri. Pratapsingh Narsingh Kakarwal Through its Authorized Partners: 1) Shri. Dnyaneshwar Narayanrao Jadhav 2) Shri. Pratapsingh Narsingh Kakarwal In presence of WITNESSES: 01) Name Address:- Signature ____________ _ 02) Name Address:- Signature ___________ (25) SCHEDULE ‘A’ (Description of the Unit under agreement) All the piece and parcel of the property i.e. Unit No. ___ admeasuring ______ sq. mtrs. carpet area on Ground + first floor in Shri Govindam Residency constructed on Plot No. 26, 27 and 28, land Gut No. 146, village Tisgaon, Waluj Mahanagar-1, Tal. & Dist. Aurangabad and the said Unit is bounded by: - East – ____________, West – _____________, South – ___________ and North – ___________. SCHEDULE ‘B’ FLOOR PLAN OF THE UNIT – 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/owner / Promoter to the project land). 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 Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project) ANNEXURE –D (Authenticated copies of the plans and specifications of the Unit agreed to be purchased by the Allottee/Purchaser as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Unit), 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 upto 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 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.