AGREEMENT TO SALE This Agreement to Sale is executed on this __ day of __________, 2025. BETWEEN Miss. Ravija Ravinder Singal ( PAN No. DESPR 5346 B ) Age : 24 Years, Occupation : Business, R/o. Plot No.4, Mahavir Om Nagar, Hirawadi Road, Panchvati, Nashik – 422 003. Through GPA Holder M/s. Sara Infrastructures ( PAN NO. ABJFS 8495 D ) Through its Partner : Shri. Nilesh Sitaram Agrawal, Age : 41 Years, Occupation : Business, R/o. Office No.1 to 9, First Floor, Narayan Plaza, Cannought Place, CIDCO, Chh. Sambhajinagar (Hereinafter referred to as “OWNER” which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his/ her executors, legal heirs, representative, assignees or administrators) AND M/s. Sara Infrastructures ( PAN NO. ABJFS 8495 D ) Through its Partner : Shri. Nilesh Sitaram Agrawal, Age : 41 Years, Occupation : Business, R/o. Office No.1 to 9, First Floor, Narayan Plaza, Cannought Place, CIDCO, Chh. Sambhajinagar. (Hereinafter referred to as “THE DEVELOPER/ BUILDER/ PROMOTER” which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors, executors, representative, assignees in interest or administrators) OF THE FIRST PART; AND Mr. ---------------------------------- ( UID NO.: ----------------------- ) Age : -- Years, Occu : --------, ( PAN NO : ------------------- ) Mrs. --------------------------------- ( UID NO.: 2768 1248 7038 ) Age : -- Years, Occu : --------, ( PAN NO : ---------------------------) Add : ---------------------------------------------------------------------------- Page 1 of 33 hereinafter collectively referred to as “THE PURCHASER” (which expression shall, unless contrary to the context or meaning thereof, mean and include in the case of individuals his/her/their heirs and legal representatives and in case of partnership firm the partners constituting the firm for the time being and the survivors or survivor of them and their respective heirs and legal representatives and in the case of a corporate body, its successors and assigns and in the case of the Trust its Trustees for the time being) OF THE SECOND PART; WHEREAS 1. That the owner is the owner of all that piece and parcel of property bearing Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar and more particularly as per building permission dtd. 09.05.2024 granted by the Cidco authorities. As per the said building permission the proposed gross builtup area is 13145.192 sq.mtr. on the Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. 2. That the previous owner namely Ravindra Champalal Khinvasara have executed registered Sale Deed No.AGG-5-1074 dated 02.02.2021 in favour of Miss. Ravija Ravinder Singal in respect of Land admeasuring 1 Hectare 31 R situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. 3. That the Approved “Tentative Layout Permission” No.CIDCO/ ATPO/ BP/ AUR (WLJ)/ 2023 (TLP)/ 53 dated 30.11.2023 has been issued by the CIDCO in favour of Miss. Ravija Ravinder Singal in respect of Plot No.01 admeasuring 4893.97 sq.mtrs. and Plot No.02 admeasuring 5221.355 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. 4. That the Approved “Final Layout Permission” No.CIDCO/ ATPO/ BP/ AUR (WLJ)/ 2023 (TLP)/ 58 dated 08.04.2024 has been issued by the CIDCO in favour of Miss. Ravija Ravinder Singal in respect of Plot No.01 admeasuring 4893.97 sq.mtrs. and Plot No.02 admeasuring 5221.355 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. Page 2 of 33 5. That, Miss. Ravija Ravinder Singal is the absolute Owner and possessor of Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar, Which is more particularly described in Schedule-I and hereinafter collectively referred to as the “said Plot”. 6. That the building permission dtd. 09.05.2024 granted by the Cidco authorities. As per the said building permission the proposed gross built up area is 13145.192 sq.mtr. on the Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. 7. The Builder/ Developer/ Owner / Grantor are fully entitled to develop the said Property and construct flats thereon in accordance with the plans sanctioned by the Cidco. 8. The Builder/ Developer/ Owner / Grantor have got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said Flats to be constructed on the said plot / Property. 9. In accordance with the plans sanctioned by the Cidco, the Builder/ Developer/ Owner / Grantor are developing the said plot / Property described in the Schedule hereto and are constructing thereon project to be known as “SARA SWARAJYA PHASE - I”. 10. That, the developer herein has decide to construct the project consisting of various flats/tenements on the said land and to sale such flat/tenement to different person on ownership basis and accordingly the agreement will be executed with different persons of the said flats. 11. The Promoters are fully entitled to develop the said Property and construct building/s thereon in accordance with the plans sanctioned by the Cidco. The Promoters have got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said buildings to be constructed on the said plot / Property. The Promoters have also obtained Commencement Certificate from the Cidco. Page 3 of 33 That building permission dtd. 09.05.2024 granted by the Cidco authorities. As per the said building permission the proposed gross builtup area is 13145.192 sq.mtr. on the Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. The promoter reserves right to obtain further revised construction permission as may be deemed fit by promoter and in that case revised/amended declaration will be executed after obtaining the revised building permission of all the buildings in phase wise permission from the concern authorities. 12. That the purchaser is/are not entitled to and shall not object to such construction for any reasons whatsoever and how so ever arising at any time hereinafter. 13. The purchaser herein is/are aware of the fact that, the developer herein has entered or will enter into similar or separate agreement with several other persons and party in respect of the flats in the said entire project 14. The Registered Deed of Declaration dated 19.07.2024 bearing Daybook No. 7603 as per the section 2(a) of The Maharashtra Apartment Ownership ACT 1970 is also executed by the Developer. All the terms, conditions & covenants of Deed of Declaration are applicable &binding on the purchaser. 15. The Purchaser/s herein represent, assure and declare that Purchaser/s is/are entitled to and otherwise not debarred or disentitled to acquire the said flat in the said building under the provisions of any law. 16. Relying on the Purchaser's representations, declarations and the assurance from the Purchaser about his / their satisfaction of marketable title and authority of the Owners/Developers/Promoters, the Owners/Developers/Promoters herein agreed to sell and the Purchaser/s herein agreed to purchase the said Apartment. 17. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein; The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the said project. Page 4 of 33 18. In the recitals and operative part of this Agreement, the term ‘Purchaser/ allottee’ shall include the purchasers of the residential flat hereby agreed to be sold and shall include a “firm”, “corporation” or other legal entity, and shall deemed to include the plural and the feminine gender of the term ‘Purchaser/ allottee’. 19. The Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at Maharashtra no P51500077523 authenticated copy is attached in Annexure F ; 20. The Promoter has appointed a structural Engineer M/s N.G. Karkhane & Associate 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. 21. By virtue of the Title Documents the Promoter and Owners have right to sell the Apartments in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; 22. The authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A and B', respectively. 23. The authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure C. Page 5 of 33 24. AND WHEREAS The Allottee/s herein has demanded from the Promoter and the Promoter has given inspection to the Allottee/s, of all the documents of title relating to the said project described in the Schedule -II hereunder written and also the plans, designs and specifications of the said building prepared by the Architect 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 rules and regulations made there under. After the Allottee/s enquiry, the Promoter herein has requested to the Allottee/s to carry out independent search by appointing his/her/their own attorney/advocate and to ask any queries, he/she/they have regarding the marketable title and rights and authorities of the Promoter. The Allottee/s has/have satisfied himself/herself/themselves in respect of marketable title and rights and authorities of the Promoter herein. That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the final deed of Apartment of the said apartment/flat/row house/shop there under. 25. 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. 26. While sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. 27. The Promoter has in compliance with rules, regulations and restrictions of the concerned local authority which are to be observed and performed by the Promoter while constructing/developing the said project has accordingly commenced construction/development of the same. 28. The allottee has agreed to purchase the said flat based on going through all the conditions stated in the sanctioned plans by respective competent authorities and have further confirmed that all such conditions shall be bound and abided by the allottee strictly. Page 6 of 33 29. The allottee on confirmation of accepting all the conditions of sanctioned plans by competent authority, has further stated that if any conditions that have been imposed on the said project/ building/ phase/ wing which are contrary to the prevalent laws/ rules/ regulations under which sanctioned plans have been given shall not be binding on the allottee and that the allottee shall not hold the developer responsible for the such contrary conditions. 30. The allottee has independently made himself aware about the specifications provided by the promoter and he is aware of the limitations, usage policies and maintenance of the installed items, fixtures and fittings of the same and have been handed over to the allottee. 31. The allottee has applied to the Promoter/Owners for allotment of said flat in “SARA SWARAJYA PHASE – I” being constructed on property bearing Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar and more particularly as per building permission dtd. 09.05.2024 granted by the Cidco authorities. As per the said building permission the proposed gross builtup area is 13145.192 sq.mtr. on the Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar. 32. As per the RERA the definition of "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. 33. The Allottee has applied for apartment in the said project having the details as per schedule second and pro-rata share as per valuation in the plot and common areas amenities and facilities (“Common Areas”) as defined under clause (n) of Section 2 of the apartment ownership Act 1970 34. 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; 35. Under section 13 of the said RERA Act the Promoter is required to execute a written Agreement to sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment/Shop/ row house/flat. Page 7 of 33 36. Notwithstanding anything stated in any other document/ allotment/ letter given or communicated with the allottee any time prior, this agreement shall be considered as the only document and its condition shall be read as the only conditions valid and basis for which the said flat is agreed to be sold to the allottee. 37. This agreement shall remain in force and shall not merge into any other agreement save and except the Sale deed as stated herein below. 38. That the allottee has not given any third party any rights to enforce this said agreement unless the said flat is transferred to them. NOW THEREFORE, THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. CONSTRUCTION OF THE PROJECT/APARTMENT:- The Promoter shall construct the said project namely “SARA SWARAJYA PHASE - I” 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 Promoter shall be entitled to make variations or modifications in plans which does not adversely affect the Apartment of the Allottee and the alteration or addition required by any Government authorities or due to change in law. 2. FLAT DETAILS & CONSIDERATION PRICE :- 2.1 That the owner/developer/promoter herein agreed to sale and purchaser herein agreed to purchase the said Flat No. ------ on -------- - Floor, in ------ (----- TYPE) Building for a total lum-sum consideration of Rs. ----------/-(Rupees ----------------------------), that out of the agreed sale price the Purchaser has paid amount of Rs. --------- -/(Rupees: -----------------------) being a part payment to the vendor as earnest amount/advance payment as under: Sr No Receipt No Date Bank Name Payment Amount Received through Further the purchaser agreed to pay the balance consideration amount as per given below Fifth Schedule. Page 8 of 33 2.2 The purchaser herein is well aware that, the central Government of India has inserted Sec. 194-IA in Income Tax Act 1961 imposed responsibility on purchaser if consideration payable by the Purchaser to the Developer is more than Fifty Lakh, then at the time of credit of such sum to the account of Developer or at the time of payment of such sum in cash or by issue of cheque or draft or by another mode whichever is earlier deduct an amount equal to 1% of such sum as income tax thereon and accordingly if the purchaser herein made any deduction on account of tax deducted at source(TDS) and within 15 days from the end of month in which deduction is made produced original challan-cum-statement in Form no. 26QB u/s 194-IA of Income Tax Act 1961 read with Income. 2.3 That, the purchaser shall pay the remaining amount of consideration strictly as stated above to the vendor. In case, the purchaser is unable to pay the remaining amount of consideration, this agreement shall stand cancelled and become null and void and the amount already paid by the purchaser shall be refunded by mutual understanding/ written consent after deducting the amount of the taxes such as TDS, GST, stamp duty, registration fees, legal, vendor charges and other chars as applicable. This condition is the essence of this contract. For any out-station cheque, the purchaser shall bear all the cost & expense charged by the bank for the encashment of the same. If the cheque issued by purchaser is dishonored due to any reason whatsoever, then he shall pay additional charges in addition to cheque amount immediately & on failure to do so this agreement stand cancelled automatically without any notice or intimation. 2.4 The Allottee hereby agrees and accepts that the consideration Amount includes expenses for service tax (if applicable), VAT (if applicable), G.S.T. (CGST & SGST) or any other tax applicable. If in future any Government or local authority applies any other tax or increase the rates of taxation (either Retrospectively or Prospectively); the Allottee shall be liable to pay the same up to the date of handing over the said flat. 2.5 The Total Price/ Consideration is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority statutory in nature and/or any other increase in charges / taxes which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, taxes, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Page 9 of 33 2.6 The Promoter herein on due date/or on reaching aforesaid construction milestone/stage shall intimate the amount payable as stated above in writing or by digital Email to the Allottee and the Allottee shall make payment of such due amount to the Promoter within seven days from date of receiving such intimation. The Allottee herein specifically agrees that he/she/they shall pay the aforesaid amount along with the GST, TDS and such other taxes, cesses, charges etc. without any delay along with each installment. If at any given time changes in GST rules and regulations or any other Taxes the same will be applicable to the allottee from time to time. 3. MODE OF PAYMENT:- Subject to the terms of the Agreement and the Promoter abiding by the construction milestones (not valid in special cases where specific dates are mentioned), the Allottee shall make all payments, on demand by the Promoter, within the stipulated time as mentioned in the Payment Plan through A/c Payee cheque/demand draft or online payment (as applicable) in favour of an following account NEFT/RTGS DETAILS ARE AS UNDER:- i. Account Holder Name :- M/s. Sara Infrastructures RERA DC A/c. ii. Bank Name :- State Bank of India., iii. Branch :- IND FIN Branch, Aurangabad. iv. Account Number :- 43170942935 v. IFSC Code :- SBIN0006834 vi. Account Type :- Escrow. 4. ADJUSTMENT/APPROPRIATION OF PAYMENTS :- The Allottee/s authorizes the Promoter to adjust/appropriate all payments made by him/her/them under any head(s) of dues against lawful outstanding, if any, in his/her/their name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 5. INTEREST ON UNPAID DUE AMOUNT:- Without prejudice to the right of the Promoter to take action for breach arising out of delay in payment of the installments on the due dates, the Allottee/s shall be bound and liable to pay interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % per annum, with monthly rests, on all the amounts which become due and payable by the Allottee/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this Agreement, nor shall it be construed as condonation of delay by the Promoter. The amount of interest may be informed to the allottee/s from time to time or on completion of the said project/apartment, and the allottee/s has/have agreed to pay the same as and when demanded before the possession of the said apartment. Page 10 of 33 6. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL/PLANNING AUTHORITY:-:- The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority, state and or Central Government at the time of sanctioning the plans or any time thereafter or at the time of granting Completion Certificate or anytime thereafter. The Promoter shall before handling over possession of the said apartment to the Allottee/s herein, obtain from the concerned planning/local authority/development controlling authority occupation and/or completion certificate in respect of the said apartment. Notwithstanding anything to the contrary contained herein, the Allottee shall not be entitled to claim possession of the said apartment until the completion certificate is received from the local authority or from the Architect of the project and the allottee has paid all dues payable under this agreement in respect of the said apartment to the Promoter and has paid the necessary Corpus amount, maintenance amount , building maintenance, Infrastructure charges, GST and other taxes payable under this agreement of the said apartment to the Promoter. Howsoever for the purpose of defect liability on towards the developer, the date shall be calculated from the date of handing over possession to the allottee for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under maintenance of the said flat/ building/phase/wing as stated in the said agreement. That further it has been agreed by the allottee that any damage or change done within the flat sold or in the building/ phase/ wing done by him/ them or by any third person on and behalf of the allottee then the allottee expressly absolves the developer from the same liability and specifically consents that on such act done, he shall waive his right to enforce the defect liability on and towards the developer. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 13231.712 Sq Mt and Promoter has planned to utilize Floor Space Index of 13145.192 sq mt 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. Page 11 of 33 The Promoter has disclosed the Floor Space Index of 86.52 Sq .meter as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments 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. The Promoter herein shall construct the said building/s on the said Plot in accordance with the plans, designs and specifications approved by the concerned local authority, which have been seen and agreed by the Purchaser. The Purchaser hereby agrees and give his / her / their irrevocable consent to the Promoter herein to carry out such, alterations, modifications in the sanctioned layout/ building plans, as the Promoter in his sole discretion thinks fit and proper and / or such modifications and alterations which are necessary in pursuance of any law, rules, regulations, order or request made by the local authority, planning authority, competent authority or Government or any officer of any local authority provided that the Promoter shall have to inform in writing to the Purchaser if such alterations and modifications adversely affect the carpet area of the said flat of the purchaser. The Promoter has made the purchasers aware and the purchaser hereby gives explicit no objection and irrevocable consent to the Promoter to prepare the new/ revised layout and building plans even by shifting the locations of the buildings, open space, internal roads, position of dust bins, transformer plinths, pluming stations etc. adding new floors/buildings by adding new floors/buildings etc of the said properties and to submit the same to the requisite authorities and obtain their sanctions and also further revise or amend the said revised plans as and when thought necessary by the Promoter or as and when required by the Promoter, and for the said purposes to sign all plans, without in any manner making the Purchaser liable for any costs and affecting his/her interest. The Purchaser has also given irrevocable authority and right to Promoter construct additional floors on the said Buildings by taking requisite permission from the competent authority and accordingly amend/ revised the Deed of Declaration by incorporating revised plans or permissions of competent authority and/or altering or modifying the common facilities and/or amenities in the said building or scheme as per the convenience of Promoter without causing any prejudice to Purchaser. The Purchaser undertakes and obliged not to raise any objection or obstruct the Promoter in respect of additional construction in whatsoever manner and gives his/her unconditional consent to it. Page 12 of 33 8. SPECIFICATIONS AND AMENITIES:- The specifications and amenities of the apartment to be provided by the Promoter in the said project and the said apartment are those that are set out in Schedule IV hereto. Common amenities for the project on the said land are stated in the Schedule V annexed hereto. In the project multi storied high rise buildings/wings are under construction and considering to maintain the stability of the buildings/wings and internal structures, herein specifically informed by its consultant not to allow any internal changes. As per our policy there shall be no customization permitted inside the said apartment. Changes such as civil, electrical, plumbing etc. shall not be allowed during construction and till delivery of possession. 9. POSSESSION OF THE APARTMENT:- 9.1. Schedule for possession of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the Apartment is the essence of the Agreement. Subject to receipt of full consideration/total price and dues of the Promoter and taxes thereon are paid by the Allottee/s in respect of the said apartment, in terms of these presents, The Promoter, based on the approved plans and specifications, assures to hand over possession of the said Apartment on 31.12.2030. It is specifically agreed between the parties that, possession of the said flat will be given only after full & final payment. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the allottee and the promoter for giving possession of the Apartment on the aforesaid date, and the same shall not include the period of extension given by the Authority for registration. Further, if the completion of building in which the Apartment is to be situated is delayed on account of – (i) War, civil commotion, flood, drought, fire, cyclone, earthquake act of god or any calamity by nature ( Lockdown, Pandemic ) affecting the regular development of the real estate project (“Force Majeure”). (ii) Non-availability of steel, cement, sand and other building material, water or electric supply (iii) Extension of time for giving possession as may be permitted by the Regulatory authority under Real Estate (Regulation and Development) Act, 2016 for reason where actual work of said project/building could not be carried by the promoter as per sanctioned plan due to specific stay or injunction orders relating to the said project from any Court of law, or Tribunal, competent authority, statutory authority, high power committee etc. or due to such circumstances as may be decided by the Authority. Page 13 of 33 (iv) If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 30 days from that date without any interest. After any refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 9.2 Schedule for possession of the Common amenities:- The Promoter herein is developing the said land which way consists of various phases having common amenities like Internal Roads, street lights, landscape garden etc, the construction/development of the said common amenities will be completed in due course only after completion of construction of all the project phases on the said land. The Promoter, assures to hand over possession of the said common amenities on 31.12.2030 The Allottee/s herein agrees and conveys that he/she/they shall not be entitled to refuse to take the possession of the said apartment on the ground of non-completion of aforesaid common amenities. That the allottees further agree that even where ‘substantial completion’ of works has been done and after receiving OC from the competent authority/ Architect of Project possession of the said flat shall be given. That substantial completion would mean works done that do not affect his use or occupation of his flat and he can cohabit in the said flat. However if the developer is not allowed by the allottee or any person on his behalf to complete the remaining portion of the works, it shall be accepted by and between the parties that the remaining works shall be deemed to have been done as and against the developer. Page 14 of 33 9.3. Procedure for taking possession:- The Promoter, upon obtaining the occupancy certificate from the local/competent /planning authority/ Architect of the project shall offer in writing to the Allottee/s intimating that, the said apartment is ready for use and occupation. The Allottee/s herein shall inspect the said apartment in all respects to confirm that the same is in accordance with the terms and conditions of this agreement, complete the payment of consideration/total price and dues to the Promoter as per terms and conditions of this agreement and take the possession of the said apartment within 15 days from the date of written intimation issued by the Promoter to the Allottee herein. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the Corpus Fund maintenance charges, building maintenance charges, infrastructure cost charges, GST & taxes etc as determined by the Promoter/association of allottee/s, as the case may be. Moreover, in any case, if the allottee does not take the possession of the said flat after the intimation from the promoter, the allottee is liable to pay the above charges from the date of intimation letter compulsorily or it will attract interest and penalty on the above charges from the date of intimation. 9.4 It shall be expressly agreed that wherever it is the responsibility of the allottee to apply and get necessary services the same shall not be undertaken by the promoter and the allottee shall be solely responsible for the same. 9.5 Failure of Allottee to take Possession of [Apartment]: Upon receiving a written intimation from the Promoter as per clause mentioned above, the Allottee/s shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement (Deed Of Apartment), and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails or commits delay in taking possession of said Apartment within the time provided in clause mentioned above, such Allottee shall be liable for payment of maintenance charges as applicable, property tax, electricity charges and any other expenses and outgoing in respect of the said apartment and the Promoter shall not be liable for the maintenance, wear and tear of the said apartment. Page 15 of 33 9.6. Possession by the Allottee - After obtaining the occupancy certificate from the competent authority/ completion of architect certificate and handing over physical possession of the said Apartment to the Allottee/s, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottee/s or the competent authority, as the case may be, as per the local law 9.7. Compensation –That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the Association is been formed of the said building/phase/ wing or the possession is given to the allotee. 9.8. Except for occurrence of the events stating herein above, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottee/s, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with the interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % percent per annum including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the said Project, the Promoter shall pay the Allottee interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % on all the amounts paid by the Allottee, for every month of delay/Rent, till the handing over of the possession of the Apartment. 9.9 That it is specifically understood by the purchaser that the sample row house/flat shown at the site and brochure/leaflets published by the developers from time to time in respect of the schemes are just advertisement material and contain various features to increase the aesthetic value of the whole scheme and they are not the facts or things to be provided / developed by the developers. 9.10 Developer herein are constructing building/s on the remaining portion/s of the said land/s in phase and the purchaser shall not be entitled to raise any objection, obstruction, hindrance, etc., on whatsoever ground and also shall not claim any compensation/remuneration/demands, etc., regarding such phase wise construction and also allow one or more accesses for the same, as well as allow utilizing of the existing service lines such as water, drainage, electricity, etc., for the new phases. The purchaser has no objection and hereby gives irrevocable consent for the same. Page 16 of 33 10. TIME IS ESSENCE:- Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the [Apartment/flat] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as per Payment Plan in clause mentioned above in this agreement or by Payment Plan set out in Schedule mentioned above. 11. TERMINATION OF AGREEMENT:- 11.1. Without prejudice to the right of promoter to charge interest in terms of clause mentioned above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment reminders, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of 15 days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any administrative expenses or of any agreed liquidated damages or any other amount which may be payable to Promoter) for the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter and the Promoter herein shall be entitled to deal with the said apartment with any prospective buyer. Delay in issuance of any reminder/s or notices from the Promoter shall not be considered as waiver of Promoter absolute right to terminate this agreement. Page 17 of 33 11.2 For whatsoever reason if the Allottee/s herein, without any default or breach on his/her/their part, desire to terminate this agreement /transaction in respect of the said apartment then, the Allottee/s herein shall issue a prior written notice to the Promoter as to the intention of the Purchaser/s and on such receipt of notice the Promoter herein shall be entitled to deal with the said apartment with prospective buyers. After receipt of such notice of intention to terminate this agreement, the Promoter shall issue a 15 days notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Purchaser/s shall be entitled to receive the refund of consideration, subject to terms of this agreement. 11.3 It is specifically agreed between the parties hereto that, if the transaction in respect of the said apartment between the Promoter and Allottee/s herein terminated as stated in sub-para11.1 and 11.2 herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoter and Allottee/s herein, in respect of the said apartment, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. 12. DEFECT LIABILITY If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said apartment of phase/ wing and in specific the structure of the said flat/ wing/ phase of the said building which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc. Page 18 of 33 That it shall be the responsibility of the allottee to maintain his flat in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his flat are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects liability period and such warranties are covered under the maintenance of the said flat/building/phase/ wing, and if the annual maintenance contracts are not done/renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the flats and the common project amenities wherever applicable. That the allottee has been made aware and that the allottee expressly agrees that the regular wear and tear of the flat/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the flat/phase/ wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 13. FORMATION OF ORGANISATION OF APARTMENT HOLDERS:- 13.1 Considering the Promoter herein is carrying on the construction/development on the said land as aforesaid and further to have the maintenance of building/s and common facilities, common lights, more conveniently, there will be Associations of the residential flats, who will have to look after the common work of the said building along with such as swiping, collection of garbage, common lighting in the building, Lift light bill, Lift AMC, Podium, road, streets, gardens, Rain water harvesting, Security, common lights, Water Charges etc in the project on which the Promoter shall decide as suitable for the apartment holders in the said project which is under construction on the said land which is as per Deed of declaration under the provisions of Apartment ownership act 1970. Page 19 of 33 13.2 The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Association to be known by such name as the Promoter may decide in the deed of declaration 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 of the Association and for becoming a member, including the bye- laws of the proposed Association and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter for formation of the Association of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft byelaws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies, as the case may be, or any other Competent Authority. 13.3 The Promoter shall, on formation of association, as aforesaid, cause to be transferred to the Apex Association all the right, title and the interest of the Vendor/Less or/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 14. SALE OF THE SAID APARTMENT:- The Promoter, on receipt of complete amount of the Price of the said Apartment and all other charges under the Agreement from the Allottee, shall execute a Sale Deed and the title of the said flat and with proportionate indivisible share in the Common Areas to the Associations. However, in case the Allottee fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Allottee authorizes the Promoter to withhold registration of the apartment deed in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. 15. DEPOSITS BY ALLOTTEE/S WITH THE PROMOTER:- The Allottee shall on or before delivery of possession of the said apartment/premises shall give the cheque in the name of society/association the following amounts which will be deposited in separate bank account in the name of the respective society/association:- Page 20 of 33 (i) Rs. 30,000/- for deposit towards provisional monthly contribution towards outgoings of Association for maintenance of Lift./renewal of annual maintenance contract/maintenance of invertor for Lift. If this amount is not sufficient against the maintenance expenses for lift then each member/allottee of the respective building association will contribute additional maintenance amount as and when decided and required by the respective members of the society/association. (ii) Rs. 12,000/- for deposit towards 12 months provisional monthly contribution towards society maintenance outgoings of Association of Building/wing. If this amount is not sufficient against the maintenance expenses for building/wing then each member/allottee of the respective building association will contribute additional maintenance amount as and when decided and required by the respective members of the society/association. The entire operation and maintenance of the building and common amenities is been carried out by the society/association on behalf of the purchaser and for the benefit of the residential community as a whole. Under no circumstances, no grounds, the purchaser shall avoid and fail to pay the prescribed maintenance. Each member/allottee/purchaser is sole responsible to the contribute of above both maintenance deposit. The purchaser has understood the entire scheme of maintenance in detail. The purchaser admits and agrees to the same, so that the maintenance of the entire building or the project is not hampered in any way due to lack of or non payment by the purchaser. Further, the society/association can claim the interest from the allottee in case of non payment or delayed payment of the maintenance or corpus amount. 16. WATER SUPPLY: It is clarified that potable water supply is to be provided by the concerned competent authorities, and shall be made available to the said proposed buildings by such authorities. The Purchaser is/are further made aware that potable water supply is provided by the concerned government authorities, and shall be made available to the said proposed building as per the supply received from such authorities. It is clarified that the developer has not represented to the purchaser or undertaken to the purchaser that such water supply is assured, as the same is subject to availability and supply from the concerned authorities. Page 21 of 33 17. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:- The Promoter hereby represents and warrants to the Allottee as follows: a) 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; b) 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; c) All drawings, sale plans, other drawings are as given to the Promoter by the appointed Architect, Structural Consultants, other consultants, the developer has thus disclosed the same to the allottee and the allottee is aware that professional liability have been undertaken by them individually with the developer which shall prevail on these consultants individually or cumulatively if there is any loss/ harm is caused to the allottee and based on these said details of the drawings an the calculations and areas shown, the allottee has agreed to take the said flat. d) All approvals, licenses and permits issued by the competent authorities with respect to the Project, 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 e) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; f) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said [Apartment] which will, in any manner, affect the rights of Allottee under this Agreement; g) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; Page 22 of 33 h) At the time of handing over the common amenities of the building and of the project to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; i) The Promoter 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. j) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 18. COVENANTS AS TO USE OF SAID APARTMENT:- The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows for the said Apartment and also the said project in which the said Apartment is situated. a. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment 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 Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. b. Not to store in the Apartment 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 Apartment 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 Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. Page 23 of 33 c. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. Thus the allottee hereby agrees that in the internal changes there will be no removal and core cutting in the walls of the apartment. d. Not to demolish or cause to be demolished the Apartment 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 Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment 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 Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardi or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. e. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. g. Pay to the Promoter 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 Apartment is situated. h. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. i. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the allottee to the promoter under this Agreement are fully paid up. Page 24 of 33 j. The Allottee shall observe and perform all the rules and regulations which the Association 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 Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Association regarding the occupancy and use of the Apartment 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. k. That the allottee shall indemnify and keep indemnifying the promoter towards against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non-performance of such obligations given specifically herein to the allottee. 19. NAME OF THE PROJECT/ BUILDING/S / WING/S:- Notwithstanding anything contained anywhere in this agreement, it is specifically agreed between the parties hereto that, the Promoter herein has decided to have the name of the Project “SARA SWARAJYA PHASE - I” and as decided by the promoter and further erect or affix Promoter's name board at suitable places as decided by the Promoter herein on a building and at the entrances of the scheme. The Allottees/s in the said project/building/s or proposed organization are not entitled to change the aforesaid project name and remove or alter Promoter's name board in any circumstances. This condition is essential condition of this Agreement. 20. ENTIRE AGREEMENT AND RIGHT TO AMEND:- This Agreement, along with its schedules, 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 apartment. This agreement may only be amended through written consent of the Parties 21. SEPARATE ACCOUNT FOR SUMS RECEIVED:- The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee/s. Provided that the Promoter shall be allowed to withdraw the sums received from the Allottee/s and utilize the same as contemplated and permitted under the said act and rules and regulations made there under. Common usage payment after handing over the possession to the allottee can be made and spend by the authorized person of the Developer. Page 25 of 33 22. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES:- The Allottee hereby agrees to purchase the Apartment on the specific understanding that is/her right is to only to the use and unless specifically allotted/ given vides (limited) common areas/ facilities, the use of the Common Areas/amenities shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time. 23. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the said project shall equally be applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. That the allottees agree that they shall not object to any easement rights that need to be given to any person in and around the said project and shall neither object to any such proceedings of land acquisition undertaken by a government agency including any compensation/ benefit given to the promoter in turn for which no conveyance has occurred to the ultimate body expressly stated in this agreement and for which no consideration is specially dispensed by the allottee to the promoter for the same; save and except his right to enjoy and use the flat purchased by him and any other rights given by the developer to the allottee for which consideration has been dispensed. 24. REGISTRATION OF THIS AGREEMENT:- The Promoter herein shall present this Agreement as well as the Deed of Apartment at the proper registration office for registration within the time limit prescribed by the Registration Act and the Allottee/s will attend such office and admit execution thereof, on receiving the written intimation from the Promoter. 25. STAMP DUTY AND REGISTRATION :- The Promoter herein has paid stamp duty along with appropriate registration fees as per Maharashtra Stamp Act, 2015. However, if there is any increase in stamp duty by the government at the time of registration of conveyance deed of the said unit then such incremental stamp duty shall be borne and paid by the Allottee. Page 26 of 33 26. WAIVER NOT A LIMITATION TO ENFORCE 26.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees. 26.2 Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision. 27. 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. 28. JOINT ALLOTTEES That in case there are Joint Allottees , they shall be considered as joint and severable allottees for the purpose of these clauses in the agreement and all communications shall be sent by the Promoter to the Allottee 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. 29. 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. 30. DISPUTE RESOLUTION All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act. Page 27 of 33 31. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub Registrar. Hence this Agreement shall be deemed to have been executed at Chh. Sambhajinagar. Notwithstanding anything contained in any of the provisions of this agreement the parties hereto (i.e the Promoter and the Purchaser) agree, confirm, declare and record that the following clauses shall prevail over the provisions of this Agreement in case of any conflict with any of the provisions of this Agreement to the extent of such conflict; 32. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement to sale at (city/town name) in the presence of attesting witness, signing as such on the day first above written. First Schedule Referred to Description of the freehold/leasehold land and all other details Referred to Here set out the nature, extent and description of common areas and facilities. 33. POA FOR ADMITTANCE:- Promoters have appointed 1. Mr. Nitesh Prakash Wasne 2. Mr. Vishal Machindra Hiwrale. Any One from the above can execute these presents by virtue of registered power of attorney No. CSN-6-1897/2025 Dated 18.02.2025. Page 28 of 33 FIRST SCHEDULE All piece and parcel of Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No.57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar and more particularly as per building permission dtd. 09.05.2024 granted by the Cidco authorities. As per the said building permission the proposed gross builtup area is 13145.192 sq.mtr. on the Plot No.01 admeasuring 4893.97 sq.mtrs., situated at Gat No. 57, Village Wadgaon (Kolhati), Taluka and District Chh. Sambhajinagar which is bounded as under : East : Open Space & 9.0 Mtr. Internal Road West : Land from Gut No. 57 North : Land in No Urbanisation Zone of the Owner South : 12.0 Mtr. Wide Road SECOND SCHEDULE To be constructed upon the said land described in the Schedule-A above, as a part of Project named as “SARA SWARAJYA PHASE - I” Flat No. ------- on -------- Floor, in ------- (------ TYPE) Building (Carpet area as per notification no. MahaRera/Secy/FileNo. 27/84/2017 Dated. 14/06/2017. Through Circular No. 4/2017) P-Line Area in Carpet area in Terrace Area in Undivided Share Sq. Mtr. Sq. Mtr. Sq. Mtr. in land area in Sq. Mtrs. BOUNDARIES OF THE SAID EAST WEST NORTH SOUTH Page 29 of 33 THIRD SCHEDULE DEVELOPMENT WORKS & COMMON AREAS • Staircases, lobbies, lifts and exits of buildings. • Entrance Gate and Security. • Electricity meter room • Water tanks, sumps, motors, ducts and all apparatus connected with installation for common use. • Internal roads and driveways • Landscaping • Underground water tank & pump room • Drainage system • Electricity supply transformer • Street lighting • Rainwater harvesting. FOURTH SCHEDULE INTERNAL SPECIFICATIONS OF SAID FLAT 1. RCC FRAMED SUPER STRUCTURE. 2. Walls: • 6” Thick external fly ash/clay brick/AEC brick work and 4” thick fly ash/clay bricks/ AEC brick. • Neeru finish internal plaster • Sand faced single coat external plaster. 3. Doors and Windows: • RCC door frames in all rooms with oil painted flush door. • Main door wooden frame with attractive laminate and good quality fittings. • 3 track powder coated aluminum windows with Mosquito net along with oil painted safety grills. 4. Electrical fittings: • Concealed electrification with ISI switches or equivalent. • MCB (miniature circuit breaker) • T.V. and telephone point in living room. 5. Tiles: • 24” x 24” Joint free ceramic tiles in all the rooms. • Dado up to lintel level in bathrooms and kitchen. • Green marble kitchen otta with S.S. sink 6. Plumbing: • Concealed plumbing with hot and cold mixing flat, • One cp fitting in washing. 7. Color: • External – Cement Paint • Internal– Oil bound distemper. Page 30 of 33 FIFTH SCHEDULE (PAYMENTSCHEDULE) I. 10% Booking Amount. II. 20% At The time of Agreement to Sale. III. 15% At The Time of Plinth Level. IV. 10% At The Time of Second Slab. V. 10% At The Time of Fourth Slab. VI. 5% At The Time of Top Slab. VII. 10% At The Time of Brick Work of Said Flat / Floor. VIII. 5% At The Time of Internal Plaster of Said Flat / Floor. IX 5% At The Time of External Plaster of Said Flat / Floor. X 5% At The Time of Flooring of Said Flat / Floor. XI. 5% At The Time of Handing Over of Possession. SIXTH SCHEDULE (MAINTENANCE SCHEDULE) 1. Building housekeeping 2. Building Security 3. Electricity charges for : a. Lift b. Passage area lighting c. Any other electrical appliance meant for the respective building Annual maintenance charges for : Common Area Maintenance 1. Common area housekeeping 2. Common area security 3. Electricity Charges for : a. Street Lighting b. Open space, 4. Annual maintenance charges for. a. Water pumps 5. Water charges for tanker, water tax etc. 6. Facility Manager& supervisory staff and its admin expenses Page 31 of 33 IN WITNESS WHEREOF THE PARTIES HERETO HAVE PUT THEIR RESPECTIVE HANDS AND THE SEAL ON THE DAY AND YEAR FIRST HEREIN ABOVE MENTIONED OWNER Miss. Ravija Ravinder Singal Through GPA Holder M/s. Sara Infrastructures Through its Partner : Shri. Nilesh Sitaram Agrawal DEVELOPER M/s. Sara Infrastructures Through its Partner : Shri. Nilesh Sitaram Agrawal, PURCHASER/ ALLOTTEE Mr. --------------------------------------------- Mrs. -------------------------------------------- WITNESSESS :- 1. Shri. _____________________ Age :- ______ Occu :- ______ Add :- ____________________ 2. Shri. _____________________ Age :- ______ Occu :- ______ Add :- ____________________ Page 32 of 33 LIST OF SCHEDULES SCHEDULE I = Description of the Said Land SCHEDULE II = Description of the Apartment along with boundaries in four directions. SCHEDULE III = Specifications of the said apartment. SCHEDULE IV = Description of the project/phase registered with the real estate regulatory authority under S.5 of the Real Estate (Regulation and Development) Act, 2016. (Applicable in case if the construction on the said land is in phases) SCHEDULE V = Description of Common Amenities for the said project/phase SCHEDULE VI = Description of common areas and facilities/limited common areas and facilities LIST OF ANNEXURES ANNEXURE - A = Copy of the Certificate of the title issued by the advocate. ANNEXURE - B = Copies of Property Card or any other revenue record showing nature of the title of the Promoter to the said land. ANNEXURE - C1 = Copy of Building permission /Commencement certificate ANNEXURE - C2 = Copy of the authenticated copies of the plans of the Layout of the said phase as proposed by the Promoter ANNEXURE - C2A =Copy of the proposed layout plan and the proposed building/phase/wing plan showing future proposed development as disclosed by the promoter in his registration ANNEXURE -D = Copy of the plans and specifications approved by the concerned local/planning authority. ANNEXURE - E = Copy of floor plan of the said apartment. ANNEXURE - F = Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) Page 33 of 33