READY RECKNER CIIART NO. 14.1 RATE FOR r"AND RS. 16,200l- PtR SQ. MTRS. RATE FOR CONSTRUSTTOII RS. 22,OOO/- PtR SQ. UTRS. c.aRPEr AREA OF ROW HOUSE 8Q. UTRS. AREA OF PARTSNG _ 8Q. UTRS. CONSIDERATION RS. M,ARIIET VALI'T RS. sfAuP Rs. - + Lo/o SITRCHARGE RS. TorAL AUOI'NTIITG TO RS. AGRTTMENT OF SALT THIS AGREEMENT OF SALE is made & executed at Nashik on this 20th day of JULY 2017. BETWTEN Age Years, Occupatlon PAN R/o. hereinafter referred to as tlle "PIIRCHASER/ ALLOITEE/S" (which expression shall unless it be repugnant to the context or meaning thereof mean and include his/her/their heirs, executors, administrators, assigns, etc.) of the FIRSI PARf. - AND il/s. J.P.BIILDERS AIID I"AND DEf,IELOPERS' PAN AAIFJ 7517 P, A Pattnershlp flrm, havlng lts offlce at Shop No. 1' Kartlkey Soclety, K.K.Wagh Ag3lcultural College Road, DhatraL Phita, Nashlt 422 OOg through tts PARTNERS [U UR" HARESH HANSRA.I UNJIYA' Age 34 Years, l2l UR. SITNIL LAITIIANLAL AHUJA' Age Years, Both Occupatlon Buslnese, Both R/o. Nashik, Hereinafter referred to as the VE![DOR/ PROMOTER (Which expression shall unless it be repugnant to the context or meaning thereof mean and include their heirs, executors, administrators, assigns, etc. ) of the SECOND PART. WHEREAS the Vendor/ Promoter is the absolute & exclusive owner & otherwise is well & suffrciently entitled to all that piece & parcel of the land situated at Village Makhamalabad, Tal. Dist. Nashik, more particularly described in the first schedule written hereunder and hereinafter refereed to as the SAID PROPERTY. Al{D WHERTAS the Vendor/ Promoter purchased the said property from the previous owners Mr. Aakash Aniruddha Gavde by a sale deed dated 3-11- 2012 which is duly registered at the offrce of Sub Registrar, Nashik 3 at Sr. No. 10585 on 5-11-2OL2 and name of tl:e Vendor/ Promoter is mutated in the owners column of the record of rights and as such the Vendor/ Promoter is competent to develop the said property by constructing building thereon and sell their share of super structure as the Vendor/ Promoter may deem frt and proper. AND WIITREAS the promoters have accrued a title of absolute ownership to tl:e said property and they are well seized and possessed of the same. AND WHERTAS the said property is free from all or any encumbrances and the title of the vendor is clear, negotiable and marketable. The said property is not subjected to any encroachments and there are no tenants in the said property. The property is not subjected to any attachment or there is no lis pendance in respect of the said propert5r, tl'e property is also not subjected to any road widening nor acquisition or requisition by any Govt. or local authorities. AND WIIEREAS the said property is duly converted to Non Agri. Use under order of Collector, Nashik under No. _ Dated and copy of the said order is annexed herewith. AIID WHEREAS the Vendor/ Promoter prepared a building plan which is duly sanctioned by the Nashik Municipal Corporation under commencement certificate N0. LND/BPIPANCH/C-2/411363 Dated L7-4-2O13 and as per the building plan the Vendor/ Promoter has commenced the construction on the said property and proposes to construct a building consisting Row Houses hereinafter referred to as the SAID BUILDING. AND WIIERTAS tl:e Promoter is entitled and enjoined- upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WIIEREAS the Vendor/Promoter is in possession of tl:e project land. AND WIIEREAS the Promoter has proposed to construct on the project land J.P. PARK Row Houses. AND WIIERTAS the Allottee is offered an Apartment/ Row House bearing number (hereln after referred to as the sald eApartment'f tn the Buildlng called J.P.PARK lheretn after referred to ae the sald 'Bulldlng'f being constnrcted on the said property, by the Promoter, the said apartment is more particularly described in the second schedule/ Anne>mre A written hereunder. AND WEEREAS the 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 WIITREAS the Promoter has registered the Project under the provisions of the RERA with the Real Estate lRegutation & Redevelopmentf Act, 2OL6 wtth the Real Eetate Regulatory Authority at under Regtstratlon No. have been aanexed and marked Annexure F. AND IPIIEREAS the Promoter has appointed a structural Engineer Mr. Ashok Jarndar for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional superwision of the Architect and the structural Engineer till the completion of the building/ buildings. AND WIIERTAS by virhre of the Sale Deed the Promoter has sole and exclusive 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; AI{D WIIEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and tJ:e plans, designs and specifications prepared by the Promoter's Architects Mr. Ashok .Iandar and of such other documents as are specified under the Real Estate (Regufatfon and Developnentf Act 2Q16 (heretnafter referred to as "the sald Act"l and thJRules and Regulations made thereunder; AND WIIEREAS the authenticated copies of Certificate of fitle issued by the advocate of the Promoter, authenticated copies of Property card oi ortract of Village Forms VI ald MI and XII or any other relwant revenue record strowing the natrrre of the title of the Promoter to the project lald on which the Apartments are constntcted or are to be Lonstmcted have been annexed hereto and marked as Annexure 'A' and'B', respectivelY. AND WIIEREAS t].e authenticated copies of tl-e plans of the constnrction as proposed by the Fromoter and according to which the constnrction of the buildings and open spaces are proposed to be provided for on the said proj-ct have been annexed hereto and marked as Annexure C. AND WHERTAS 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 D. AND WIIERTAS the Promoter has got some of tl:e approvals from tlle concerned local authority(s) to the plans, tl:e specifications, elevations, sections and of the said building/s and shall obtain tl:e balance approvals from various authorities from time to time, so as to obtain nuilaing Completion Certificate or Occupancy Certificate of the said Building. AI{D WIIEREAS while sanctioning the said plans concerned local authority ald/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while dweloping 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. AND WIIEREAS the Promoter has accordingly comrnenced and completed the constnrction of the said building/s in accordance with the said sanctioned plans. AND WHEREAS the purchasers has been shown the conditions of contracts with the vendors/ contractors/ manufacturers and workmanship and quality stands of product/ fittings and fi:rtures as agreed between promoter and the vendors and on independently veriffing the same the purchasers has now agreed to the same as conditions mentioned in these contracts and that the purchasers agrees to abide by the same failure of which shall absolve the promoters to that extent. Al{D WIIEREAS the Allottee has applied to t}re Promoter for allotment of an Apartment No. tn tJre bulldtng belng consttlrcted ln the said Project J.P.PARK. AND trIIIEREAS the carpet area of the sald Apartmeat ls CARPET AREA SQ. MTRS. and "carpet area"as Per RERA means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services sha.fts, exclusive balcony appurtenant to the said Apartrnent 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 tJ:e apartment. AND WHEREAS 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, fi:rtures and fittings of the sarrre and have been annexed and marked as Anne:nrre G. AND WHEREAS notwithstanding anything stated in any other document/ allotment / letter glven or communicated urith the purchasers arrytime 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 premises is agreed to be sold to tl:e purchasers. AND WHEREAS this agreement does not preclude, diminish the rights of any financial institutions, fund, registered money lender for which finance has been taken for the project and the same can be claimed by them under the stattrtory claims and that this does not in any way alfect the right of allotted in respect of his premises in the said project. AND WIITREAS the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terrns, 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 tl:e Allottee has paid to the Promoter a sum of Rs. (Rupees onlvl bv Cheoue drawn on Bank, Dated being part palment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance paJrment or Application Fee (the payment and receipt whereof the Promoter hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. Al{D WIIEREAS under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. AND WHEREAS the purchaser/allottee has independenfly verified the tilte of the said land, building plan, the specifications and amenities to be provided in the said building and common facilities as detailed by the promoter and the purchaser/allottee is satisfred about the same and a.fter the satisfaction the purchaser has agreed to purchase the apartment from the promoter/vendor. In accordance with the terms and conditions set out in this Agreement and as muhrally agreed upon by and between tJ:e Parties, the Promoter hereby agrees to sell and the Allottee hereby. agrees to purchase the Apartment and the garage/covered parking(if applicable) as described herein after. NOW THEREFOR, THrS AGREF,MEIIT WTTNESSETH AND rT rS HTRTBtr AGRETD B[ AND BETWTEN THT PARTIES HTRSIO AS FOLLOWS:- 1. Ttre Promoter has constmcted the said building/s conslstlng of Row Ilousea on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority at present. Provided that the promoter shall have to obtain prior consent in writing of the allottee - in respect of variations or modifications which may adversely alfect tl:e apartrnent of tl:e allottee except any alteration or additions required by any Govt. Authorities or due to change in law. 1. a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to tlle Allottee Row House No. admeasudng Sq. Mtrs. Car?et area and absolute ownershtp tn usable area of Balconles/ utlltty I ClBl Terrace/Otta admeasurhg Sq. Mtrs. in the said building (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C for the consideration of Rs. - and the proportionate price of the coilrmon areas and facilities appurtenant to tle premises, the nature, extent and description of the courmon areas and facilities which are more particularly described in the Schedule annexed herewith. 1(b) The total aggregate consideration amount for the apartment is Rs. 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. .- (Rupees I only by Cheque drawn on Bank Dated as advance pa5rment or application fee and hereby agrees to pay to that the Promoter the balance arnount of Rs. (Rupees onlyf in the following manner :- i. Rs. To be paid at the time of possession or within 15 days. 1(d) The Total Price above excludes Tanes (consisting of tar paid or payable by the Promoter by way of GST and Cess or any other similar tores which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the Apartment. 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 Locat Bodies /Government from time to time. Ttre Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose tl:e said noffication/ordet/ntle/regulation published/issued in that behalf to that effect along with the demand letter being issued to tl:e Allottee, which shall only be applicable on subsequent paSrments. The Promoter may charge tJ:e allottee separately for any upgradation/changes specifically requested or approved by tl:e allotte in fittings, fixtures and specification and arry other facility which have been done on tl.e allottee's request. 1(0 T?re Promoter may allow, in its sole discretion, a rebate for early pa5rments of equal instalments payable by the Allottee by discounting such early pa5mrents a8 the Promotor aad allottee ---.y d".tde for ihi period by which tJre respective instalment has been preponed. 1(e) The Promoter shall confirm tl'e final carpet area that has been allotted to the Allottee after the constnrction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of tl:e 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 confrrmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specffied in the Rules, from the date when such an excess a:rrount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional arnount from the Allottee as per the next milestone of the Pa5mrent 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 authorizes the 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 Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his pa5rments in any manner. 2.1The 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 Govt. including Environmental department 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 handing over possession of tl'e Apartment to the Allottee, obtain from the concerned local authoriQr occupancy and/or completion certificates in respect of the Apartment. Notwithstanding anything to the contrar5r contained therein, the purchasers shall not be claim possession of the said premises the completion certificate is received from the local authority and the purchasers has paid all the dues payable under this agreement in respect of the said premises to tJre promoters and has paid the necessary maintenance amount/ deposit, GST and other tares payable under this agreement of the said premises to the promoters. Howsoever for the purpose of defect liability on towards the promoters, the date shall be calculated from the date of handing over the possession to the purchasers for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under maintenance of the said premises / building / phase/ wing as stated in the said agreement. That furttrer it has been agreed by the purchasers that any damages or change done within the premises sold or in the building done by him or by arry third person on behalf of he purchasers then the purchasers e:cpressly absolves the promoters from the same liability and specifically consentg ttlat on suctr act done, he shall waive his right to enforce the defect liability on and towards the promoters. 2.2Ttme is essence for the Promoter as well as the Allottee' The Promoter shall abide by the time schedule for completing th9 project and handing over the Apartment to the allottee and common areas to aJsociation of the allottees after receiving the occupancy certificate or the completiol certificate or both, as the Similarly, the Allote shall make timely paSrments. of ""*"'-"1.be. the installment and oiher dues payable by him / her and meeting the other obligation under the Agreement subject to the simultaneous completion of constnrction by the Promoter as provided in Clause herein above' ("Payment Plan")' 3. The Promoter hereby declares tl.at the Floor Space lndex available as on date in respect of Ut" project land is square meters only as per the Development Control Regulation' 4.1 The promoter has made fulI and tme disclosure of the title of the proaqroter in said land as well as encumbrance, il *y, lsrown to the has also disclosed to the title report of the advocate. Ttre promoter the allottee/ nature of its right, title a1d interest or rigltt to to constmct building/s and also give inspection*of all documents the alotteesl aJ't"qrtit"a bt the law. Ttre allottee having right promoter and acquaintea rri*""r wiirr ar racts ana o-f .the aftir satisfaction of the same has entered into this agreement' 4.2lfthe Promoter fails to abide by the time-schedule for completing Allottee, the Promoter the project and handing over the Plot to tl.e agrees to pay to the R[Jttee, who does not intend to withdraw from the amounts tl:e project, itti"i""t as specified in the Rule' on all paidbytheAllottee,fore"e'vmonthofdelay,tilltheharrdingover to the Promoter' of the po*"*ion. The Allottee agrees to delayed -p-ay payment-*htgh interest as specilied in the Rule, ott"at the become arr" Lf,i"v"ur" Lv the'Allottee to the Promoter under the terms of UriJgfJement from Ure date tl.e said anount is payable by the allottee(s) to the Promoter' 4.3WithoutprejudicetotlrerightofPromoterstochargeinterestin termsofsubclause4.labove,ontheRrrchaserscommitting default i^ p";';;"" a"" a"t" or any am9}nl due and payable by (including -ti rrri"r this Agreement the Rrrchasers to the promoiers his/her proportionate share t"r,"* levied 6v "on"erned local hrrcirasers committing authority *-a oU"", outgoingsfuqj" the the Promoters shall at tl*ee aetaui[;;-;;]^;t oT instaltments, his own option, may terminate this Agreement' provided that, Promoters shall give notice of frfteen days in writing to the hrrchasers, by Re"giJ"tta pt-t eO tft" address provided by the Purchasers "t Puichasers, of his intention to and mail at the e-mail address provided by qe or breaches of terms and terminate this Agreement and or tlr" G"irtc preagh If conditions ir, ."3p"#'"i'*rtr"n "fl;; ir i" ititltta"d to terminate the Agreement' bv the ttre purchasers ;; ;;$, ,n; b;;"h or breaches end of mentioned such notice period, Promoters within the period or noti"" u."n at the pto*ot"t" shall be endtled to terminate this Agreement' the provided further that upon termination of this Agreement as-aforesaid' promoters shall refund the till then received from ttre Purchasers "*ontti witltout any interest thereon within a period of 30 days of the termination, the instalments of the sale consideration of the apartment which may till hen have been paid by the allottee to the promoter. 5 The fixhrres and fittings with regard to the flooring and sanitar5r fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the promoter in the said building and the Apartment as are set out in Annexure 'E', annexed hereto. 6 PossEssroN - The Promoter shafl gve possession of t]re Apartment to t]le Allottee on or before 2ol.z.If the Promoter fails or neglects to give possession of tl:e Apartment to the Allottee on account of reasons beyond his controi ald of his agents by the aforesaid date then tlle Promoter shall be liable on demand to refund to the Allottee the arnounts already received by him in respect of tl:e Apartment with interest at the sa*e rate as may mentioned in the clause 4.1 herein above from the date the Promoter received t.Le sum till the date the arrrounts and interest thereon is repaid. Provtded that the promoters shall be entifled to reasonabie extension of time ging delivery of the said premi*"" on th" aforesaid date, if!t the completion of the *aia project or building/wing in which the said premises is to be situated is delayed on account of- i. Non-availability of steel, cement, other building material, water or electric supply. ii. War, Civil Commotion or act of God. iii. Any notice, order, rule, notification of the Government a'd other public or competent Authority or any Decree/order / or Court/ Tribunal/ Authority. of "rry iv. Any Prohib_itory or Injunction order from any court of Law. v. P_endency of any litigation and any order therein. vi. Delay or default in payment of any instalmlni or dues Purchaser. by the Flat vii. Delay by Local Authority in issuing or granting necessary Certificate or Occupation Cirtificate. completion viii' Any other circumstances beyond the control of tlle promoters majeure. or force ix. changes in any rules, regulations, bye-laws of various statutory bodies and authorities from time to time aifecti.tg ur" aerretopment project. and the x' Delay in grant of any Noc/ permission/ license/ connection installment of any services such aJ elevators, electricity and water connections and meters to tl.e project/ fiat/ 'premises/-road completion certificate oi to- grry appiopriati "t".- xi. Extension of time for ""tnL.i'ty. posstssion_"" *"j be permitted by the Regulatory authority undEr -gt"iirg nEat eslate tneguradon ana Development) Act, 2016 for reason where actual work of pr.-i""t/building could not be carried by the promoters as per sanctioned ""ii pi"r, a"" to specific stay or injunction orders relating to the said project iro- any Tribunal, competent- authority, statutory court of law, or high power committee etc. or due to such circumstances as may "Lthority, be decided u] tire eutrrority. If, however, the completion of tJ.e project i" i"r"v"a conditions then the Purchasers Ju" i; tn" Force Majeure that tl:e iro-oi.r* shall be entitled to the extension of g. "gt "'" that such Force Majeure .f* delivery 6f possession of tl'e saia premises, provided are not of a nature which make it impossible for the contract "otrditions to be impremented. Th; iln"""r" agrees and confirms that, in the event it becomes impossiblenfor implement- the project due to Force Majeure the promoters to lo"AiUors, then flris allotment shall stand terminated and the Promoters shall refund to tl. e purchasers the entire amount received by the Promoters from the allotment within 30 days from that date. After any refund of tl:e money paid by the Rrrchasers, hrrchasers agrees that he/ she shall not have any rights, claims etc. against the Promoters and that the Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. 7.1 Procedure for taHng possesslon - Ttre Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall ofrer in uriting the possession of the Apartment, to the Allottee in terms of this Agreement to be taken \Mithin 15 days from the date of issue of such notice and tl:e Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemniff the Allottee in case of failure of fulfilment of any of tl:e provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. Ttre Promoter on its behalf shall offer the possession to the Allottee in urriting within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of tlle Apartment within 15 days of the written notice from the promoter to the Allottee in"mating that the said Apartments are ready for use and occupancy: 7.9 Fallure of Nlottee to take Possesslon of Apaftmelt : Upon receiving a written intimation from tl:e Promoter as per clause 7.1, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertalcings ald such other documentation as prescribed in this Agreement, and the promoter shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time to be liable to frwided in clause 7.1 such Allottee shall continue pay maintenance charges as applicable' from the date of handing over the 7.4 If within a period of five yearsAltottee Apartment to ifr" Allottee, ihe brings to the notice of the Promoter *,v defect in the Apartment or the building in "t*"tural whichtheepartmentaresitrratedo'-"r'ydefectsonaccountof workrrrarrship,qualityorprovisionofservice,ttlen,wherever the Promoter at his own possible such'a"=["t"-""tt"lr '6" rectified by cost and in case it is- not po*"iUfl to reciff srrch defects, then the Allottee st ail-- UL "tttitied to receive from the Promoter' as provided under the compensatioriroi"r."t defect in the manner shall not car4r out arry Act. provid"i;;;;";, that the allottee alterationsofthewhatsoeve'-""n''"inthesaidapartment.of tre of the said unit of ttre phase/ *irrg'"rri-in spgginc-u""-"ttt"tnot limit to columns, beans, said building;il;'"#il irrara" Lut ; n-j;tar it.is hereby agreed that etc. or in the frttings tJrerein, jn anv of t]re fittings' tl1e alottee sharl not make ;;-J*ations oialteration in the pipes, *"."' ffitt *ltl".""dJ ;;;;;;ti"" result in seepage of the bathroom, toilel-and kitchen;hi;h;"y water.Ifarryoftheworksarecarriedoutwithoutthewritten liabilitlr automatically shall consent of the promoter-trtJi"r""t becomevoid.TLreworddefectt.o"'""*sonlythemarrufacttrring. ThatitshallbetheresponsibiliWof..thSallotteetomaintainhis unitinapropermalrner.*'a_tJ"a[dugcareneededincluding til;s in his flat are regularly but not rimiting to the joints t"toiit" prevent water seepage' firled *itt, *t ifJclmentlepo>rpressly L"t Uoe regular *"* *ta tear of the unit includes ittt"*al walls excluding "gr""";r;;G on the minor hairtine "*t"ri; "ttJ theRCCstncttrrewhicht.appen"auetovariationsintemperature d. ;-;ount to st'.ctural defects of more o,"r, Z6i6'"ttJ *ni"fi or and henc" te attributed-lo either bad workmarrship "rrrrrot stnrchrral defect' befo13 arry liability of defect is claimed It is expressly agreea tlt be necessary to appoint art bv or on behalf zr ur" allottee, it shall who shall survev anct ;fu"#il;-;h"[c a nominated sunreyor assesstt,"",o,""'.dshall*,",'",'u*itareport.tostatethedefects in the ti"" Lttilt'or trt" unit and agreed in materials used, in the -"-rJ"rLJ workrnan"tip "tr,t"t f.e"pinf'il -i"a the aforesaid clauses of this agreement' STheAllotteeshalluset]reApartmentoranyparttlrereoforperrrrit of rlJtdenc.. He shall use the same to ue-uJ ody for pnrpo::keeping or parking vehicle. the parking only foi prrtpo""-of "p""; with other allottee(s)s of-Apartnents to be in the 9 The Arlottee along join forming *a t"gi"d,rilng trr.aessociation building sha[ in known uy ,,arne as ttre prom6ter may decide and for this "rrJt purpose.r"or'o-timetotimesignarrd.executeJheapplicationfor registration and/or m3mb-ership and the. other papers Td of- document" r;;;;""ty for the fo'rmation and registration .the Association oi-ep"tthent Owners and for becoming a TeTPgr, including tt e uy"lta*s of the proposed association and duly fill in, sign and'ret'rn to the Promotei within seven days of th9 sage U"Lg forwarded by the Promoter to the Allottee, so as to enable the Promoter to regiiter the coillmon organisation of Allottee' No objection shall be taken by the Allottee f *y, changes or modilications are made in the draft bye-laws, or the Memorandum andlor Articles of Association, as may be required by the Registrar of Co-operative Societies as the case may be, or any otfier Competent Authority. 9.1 The Promoter shall, within three months of registration of the Association or within three months from the completion certificate from Nashik Municipal Corporation, whichwer is later cause to be transferred to the association all the right, title and the interest of the Vendor/Promoter and/or the owners in the said stmcture of the Building or wing in which the said Apartment is sihrated. 9.2 Ttre Promoter shall, within three months of registration of the association of apartment owners or within three months from the completion certificate from Nashik Municipal corporation whichever is later cause to be transferred to the association all the right, tifle and the interest of the Vendor/ promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3 within 15 days after notice in writing is given by the promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to tl:e carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local ta:res, 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, ll sweepers and all other expenses necessarJr ald incidental to the management and maintenance of tlle project-land arrd building/s' Until the Society or Limited Company is formed and the said stmctgre of the building/s or wings is transfered to it, tlle Allottee pay to the Promoter such proportionate share of outgoings as shall -U" tlt"y determined. The Allottee further agrees that till the All6ttee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of R8., looo/-- Per month towards the outgoings. The arnounts so paid by the Allottee to the Promoter shall not carry arry interest and remain with the Promoter until a conveyance/assignment of lease of the stmchrre or wing is executed in favour of the association as of the building-such aforesaid. On con t"y"rt"e/assignment of lease being executed for the strlcttrre of tl:e building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as ttte case may be. 10. The above amount of consideration does not include the following expenses which the Allottee shall on or before delivery of posses,sion of the said premises keep deposited with the Promoter, the following amounts:- (i) Rs. NIL for share money, application entrance fee of the association. (ii) Rs. 10,OOO/- for formation and registration of the association. (iii) Rs. NIL for proportionate share of taxes and other charges /levies in respect of the association. (v) Rs. Towards tl'e proportionate expenses of installation charges for cornrnon water meter, and electric meter, individual electric meter, connection, proPortionate amount towards the MSEB ORC charges and deposit and installation charges, etc. and common water meter connection charges. ll.The Allottee shall pay to the Promoter a sum of Rs. IOrOOO/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Promoter in connection with formation of the said socief, or Limited Comparry, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engfossing the conveyance or assignment of lease. L2.At the time of registration of conveyance of the stnrcttrre of the building or wing of the building, tl.e Allottee shall pay to the Promoter, the Allottees' share of stamF duty agd registration charges payable, by the said association on such convey€rnce or leasJor-any document or instmment of tralsfer 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 lald, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said assoCiation on such conveyance or any document or instnrment of tralsfer in respect of the structure of the said lald to be executed in favour of the Apex Body or Federation. t2 13. REPRTSENTATIONS AND WARRADITITS OF THT PROMOIER:- T?re Promoter hereby represents and warrants to the Allottee as follows: i. T?re Promoter has clear and marketable tifle with respect to the project land; the requisite riglrts to carr5r out development upon the said Land and absolute, actual, physical and legal possession of the said land for project; ii. The Promoter has laurfi,rl 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 tifle report; iv. T?rere 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 \nrith all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perforrn any act or tltittg, whereby the rigtrt, tifle and interest of the Allottee created herein, may prejudicially be affected; vii. T?re Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / €urangement with any person or party with respect to the project land, including the Project and the said [Apartment/Plotl which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment / Plot] to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to tlle association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of tl:e common areas of the Structure to the Association of the Allottees; x. The Schedule property is not the subject matter of any HUF and that no part thereof is owned by arty minor and or no minor has arry right, title and claim over the Schedule Property. xi. T?re Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and tues and other monies, levies, impositions, premiums, damages andlor penalties and other outgoings, whatsoever, payable with respect to the said project to tl:e competent Authorities; t3 xii. 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 13.1 It is further agreed by and between the parties that the Promoters shall ryt F liable to pay the adhoc maintenance charges for the UNSOLD premises till final conveyance of the said UNSoLD premfues. It is further agreed and understood between the Parties tJlat after the formation of the Orginization, the Promoters shall be absolutely entitled to hold and shall have absolute authority and control as regards the unsold premises, units, etc. and all the arnenities and facilities in the said Project. The Promoters shall have full 441, absolute powg-r and authority, and shall be unconditionally entitledio deal with and to sell, let or othenrise dispose of the unsold flats along with the other amenities in any manner and for such consideration, and orisuch terrns and conditions as it may in its sole and absolute discretion deem fit and proper, to any p€rson or party of its choice without payment of any premium or transfer fees or charges, donation or compensation or costs in any form. Neither the Purchasers herein, nor the Organ-ization shall object to or dispute to any such transaction dealing with the unsold unitJ. The promoters upon intimating to the organization the name or names of the Purchasers or acquirer/s of such unsold flats and amenities, the organization shall forthwith accept and admit such purchasers and lcquirer/s as ttre Flat Purchasers and shareholder/s and/or members of the organization, and shall forthwith issue share certificate/s and other necessary documents in their favour, without raising any dispute or objection to the same, and without charging/ recovering frJm such-purchaseis and acquirer/s as any premium, fees, donatiori or any other amount of whatsoever nature in respect thereof. L4. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, rreieuy covenants with the promoter as follows :_ i. 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 Apart'ent is taken and shall not do or sulfer to be done anything in or to the building in which the Apartment is situated *tricrr may be againsf the rules, r.egulations or bye-laws or cha'ge /arler or make addition in or to the building in wtrictr the Apartrnent is situated and the Apartnrent itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Apartment a'y goods which are of hazardous, combustible or da'gerous nature or are so heavy as to damage the construction or structure of the bgilding 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 heary packages which may darnage or likely to dimige thl staircases, coulmon passages or any other stnrcture of the building in which the Apartment is situated, including entrances of the uuilaing in which the Apartment is situated and in case any damage is caused to tJre building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Alottee shall be liable for the consequences of the breach. t4 iii. 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 tl'.e Allottee and shall not do or suffer to be done arrything 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 tl:e Allottee com:rritting 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. lV. 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 arry alteration in tl:e ilevation and outside colour scheme of tl:e building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances theretq in good tenantable repair and condition, and in particular, so as to support shelter and protect tle other parts of the building in which the Apartment is situated and shall not chisel or in arry other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or tl'e 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 Apartment 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 Apartment in the compound or any portion of the project land and the building in which the Apartment is sihrated. vii. Pay to the Promoter within frfteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or glving water, electricity or any other service connection to the building in which the Apartment is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, il any, which are imposed by the concerned local authority and/or Governmeni and/or other public authority, on account of change of user of the Apartment by the Allottee for any pu{poses other than for purpose for which it is sold' ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of tltis Agreement or part with the possession of the Apartment until all the dues l5 payable by the Allottee to tl:e Promoter under this Agreement are fully paid up. The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Comparry or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments ttrereof 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 tl:e Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other pubtc bodies. The Allottee shall also observe and perforrn all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and puncttrally towards the ta:res, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the stnrcture of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their suryeyors 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 Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoter and their sulveyors and agents, with or without worlsnen and others, at all reasonable times, to enter into and upon the project land or arry part thereof to view and examine the state and condition thereof. xiii. Not to make arry changes in elevation such as enclosures in terraces, balconies, dry balconies, addition of glills, erc. and installations of dish antennas without the permission of the vendor. xiv. Not to change the windows, window grills, railings of the said flat. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums riceived on account of the share capital for tl:e pr6motion of tl.e Co-operative Society or association or Company or towards the out goings, legal charges ald 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 constmed as a gragt, demise or assignment in law, of the said Apartments or of the said Plot ald Building or any part thereof' Tire Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, pLking spaces, lobbies, staircases, terraces recreation spaces, will l6 remain the property of the Promoter until the said stnrchrre of the building is tralsferred to the Society/Limited Company or otfuer body arrd 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 *lApartment/] 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 who has taken or agreed to take such [Apar.tment/plot]. 18. BINDING EFFECT Forwarding this Agreement to the Allottee by the Fromoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the pa5nnents due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serye a notice to the Allottee for rectiffing the default, which if not rectified within 15 (fifteenf days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking Frnount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between tl'.e Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, coffespondences, affangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/ building, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of tl:e Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICAE}LE TO 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 Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plotl, in case of a t7 transfer, as the said obligations go along with the [Apartment / Plotl for all intents and purposes. 22. SEVERABILITY If any - provision of this Agreement shall be determined to be void oi 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 necessarJr to conform to Act or tl:e 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 CArcULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in courmon with other Allottee(s) in Project, the same shall be in proportion to tl:e carpet area of the Apartment] to the total carpet area of all the Apartments in the Project. 24. FURTHER ASSURANCES Both Parties agree that they shall execute, aclslowledge and deliver to the other such instruments and take such other actions, in additions to the instnrments and actions specilically 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 arry right to be created or transferred hereunder or pursuant to arry such transaction. 25. 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 OIIice, or at some other place, which may be mutually agreed between the Promoter and the Allotte€, h Nashik after the Agreement is duly exeuted by the Allottee and the Promoter or simultaneously with the execution tlle said Agreement shall be registered at the offce of Sub-Registrar. Hence this Agreement shall be deemed to have been executed at NASHIK. 26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease at tl'e proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such ollice and admit execution thereof. 27. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specilied below: l8 PURPFIASERS, NAME AND AD.DRESS uR. R/o. Notlfled Emall ID : PROMOTERS NAME- M/s. .'.P.BIilLDERS AND LllItD DDyELOPERS, PAII AAIF.' 7517 P, A Pattnershtp flrm, havlng lts offlce at Shop No. 1' KartlLey Soclety, K.K.Wagh Agrtcultural College Road, Dhatrak Phata, Nashtk 422 OOg through lts PARTIIERS IU UR- HARTSH HANSRA"I IIN.IIYA' Age 34 Years' [2] MR. SUNIL LAIIIIAIILAL AIIUJA, Age Both Occupatlon Buslness, R/o. Nashlk' Notlfled Emall Id - -Years, It shall be tl' e duty of the Allottee and the promoter 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 promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoter to tJ:e Allottee whose name appears first and at tl:e address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. STAMP DUTY AND REGISTRATION :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. DISPUTE RESOLUTION :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the RERA Authority as per the provisions of tJ:e ReaI Estate (Regulation and Development) Act,2016, Rules and Regulations, thereunder. 31. GOVERNING LAW T'hat the rights and obligations of the parties under or arising out of this Agreement shall be constnred and enforced in accordance with the laws of India for the time being in force and the NFshlk courts will have the jurisdiction for this Agreement 32. T?re Promoter has informed the allottee and the allottee is aware that the purchase of the said apartment shall be subject to all tlle following condition s - : al The access to the individual flat shall be as per the sanctioned plan and/or revised plan from time to time. b] construction of a loft and other civil changes done internally shall be at the risk and cost of the purchaser, the purchaser shall not damage the basic RCC stnrcture. cl The installation of alry grills or any doors shall only be as per the form prescribed by the Vendor's Architect- l9 dlThe car parking area shall not be enclosed under any circumstances. IN IIITNESS WIIERTOF partler herelnabone named have set thelr respectlve hands and stgned thb Agreemeat for sale at Nashtk ln thJ presence of attestlng wltness, slgirlng as such oa the day flrst above wrltten. FIRSI SCHEDI'LE OF THE PROPERTY All that piece and parcel of land admeasuring 1273-01 -S_Q. mtrs.out of S'No' gLltl2[2lt + 3tiI12l2l4 66,arrr*g Plot No. 1,2,3,4 and 5 total admeasuring 2gLT-57 Sq. mtrs. riituaiea at Malbamatabad, Taluka and District Nashik, within registration and sub Registration District of Nashik within Nashik Municipal Corporation Bounded as follows: On or towards East By Colony Road On or towards West By Plot No. 1 to 5 On or towards South By 2.25 Mtrs. Watriwat Road going to Western side area out of Plot No. 1 to 5 On or towards North By L2 Mtrs. Colony Road HOUSE/APARTilTNT ALL THAT PIECE and parcel of constructed property constructed on the property as mentioned in the first schedule bearing Row Housc No. bartpE;,i AREA adrneasqring sQ. uTRs. and absolute ownershlp ln usable area of Batcontel/ uttltty I Q.lf.l Terrace/Otta adneasurlog Sq. Mtrs. alongwtth the Sq. Mtrs. of Land which inciuaes the land below the row house and the surrounding marginal open space in J.P. PARK, the said row house bounded as follows: On or towards East By - On or towards West By On or towards South By On or towards North By SCHIDI'LE 'B' . FLOOR PLAN OF THE APARTMENT ANNEKT'RI A TITI,E CERTIFICATE ANNEKI'RT B - 7/12 EXTRACI ANITEKT'RT C LAYOUT ANITEKT'RT D BI'ILDING PLAN ANNEXI'RE - E AUEMTIES TIO BE PROVIDED IN THE ROW HOUSE AITD YEAR FIRS.T UEITTIOITED HEREINABOVE. 20 SIGNED SEALED AND DELIVERED WITHINNAMED 1 BY THE M/s. J.P.BITILDERRS AND LA![D DEIIELOPERS I 1 PARTNER [1] UR. HARTSH IIAIISRA.' ITNJTYA l2l uR. snNrl, LAr{TTANLAL AHUJA (vElrDoR/ PROUOTERI SIGNED SEALED AND DELIVERED BY THE WITHIN NAMED uR. _ IPI'RCHASIR/ ALLOTTEE/ SI WITNE;SSES: 1.----------- 2. ---------- PMSAD-builder-PARVADIYA-GROUP- DRAFT