Ñããè 1 Zone Number : Government Valuation : /- Consideration : /- Stamp Value : /- Registration Fees : /- AGREEMENT FOR SALE AGREEMENT FOR SALE made & executed at Nashik on this ____th day of _________ in the Christian Year 2017. BETWEEN 1. Mr. Nitin Dayalal Kothari, Age:56 yrs., Occ. Busines, PAN AACPK 6288 N, Indian inhabitant resident of Plot No.27, Chavhan Nagar,Panchavati,Nashik-422003 2. Mr. Rajesh Muljibhai Patel, Age:40 yrs., Occ. Busines, PAN AAJPP 1354 K, Indian inhabitant resident of Amrut Kunj, Chavhan Nagar,Panchavati,Nashik-422003 No.1 for himself and Developer and General Power of Attorney Holder of No.2. Hereinafter called as the VENDOR/SELLER/DEVELOPERS/ PROMOT- ERS (Which expression shall, unless repugnant to the context or meaning thereof, mean and include their respective partners, heirs, successors, sur- vivors, executors, administrators and assigns, etc.) …PARTY OF THE FIRST PART. AND 1) Mrs. ——————————————————, Age: ————— Years, Occ: Housewife, PAN ————————, 2) Mr. ———————————————————————, Age: ————— Years, Occ: Service, PAN ————————————, Both R/ at: —————————————————, ——————————————————————, Hereinafter called as the “PURCHASER'S, PURCHASERS/ALLOTTEE”, (Which expression shall, unless repugnant to the context or meaning 2 thereof, mean and include his/her/their respective heirs,successors, survi- vors, executors, administrators and assigns, etc.) …PARTY OF THE SECOND PART. WHEREAS the Vendor No.1 possessed and an otherwise well and sufficiently entitled to the plot property bearing Plot No.37 area admea- suring 347.180 Sq.Mtrs out of Survey No.322/A/1/A situated at Revenue Village Wadala, Tal.& Dist. Nashik more particularly described in schedule- A written hereunder and hereinafter referred to as the said property. AND WHEREAS by Sale Deed dated 02/11/2012,the previous owner of the said Plot No.37 out of Survey No.322/A/1/A , Mr.Roshan Pramod More absolutely conveyed abovesaid properties to and in favour of Ven- dor No.1. The Sale Deed dt.02/11/2012 is registered in the office of Sub- Registrar Nashik-3 at Sr.No.10579 on dtd.5/11/2012 and accordingly the name of Vendor No.1 has been muted on record of rights of abovesaid Plot No.37 out of Survey No.322/A/1/A. AND WHEREAS the Vendor No.2 owned and an otherwise well and sufficiently entitled to the plot property bearing Plot No.38 area ad- measuring 283.19 Sq.Mtrs out of Survey No.322/A/1/A situated at Rev- enue Village Wadala, Tal.& Dist. Nashik more particularly described in schedule-A written hereunder and hereinafter referred to as the said prop- erty. AND WHEREAS by Sale Deed dated 07/12/2009,the previous owner of the said Plot No.38 out of Survey No.322/A/1/A , Mr.Devendra Jagdish Joshi absolutely conveyed abovesaid properties to and in favour of Ven- dor No.2. The said Sale Deed is registered in the office of Sub-Registrar Nashik at Sr.No.7292 on dtd.07/12/2009 and accordingly the name of Vendor No.2 has been muted on record of rights of abovesaid Plot No.38 out of Survey No.322/A/1/A. AND WHEREAS Vendor No.2 entrusted into Development Agree- ment with Vendor No.1 for the consideration in kind of construction area adm.104.55 sq.mtrs in the building which is to be constructed on the said plot and accordingly Vendor No.2 executed a Development Agreement and General Power of Attorney in favour of Vendor No.1 and both docu- ments are registered at the office of Sub Registrar Nashik at Sr.No.11894 & 11895 respectively on dtd.18/12/2012.Further consideration in kind of construction has been revised and changed between Vendor No 1 & 2 and accordingly Deed of Supplementary Development Agreement is ex- 3 ecuted and registered at the office of Sub Registrar Nashik at Sr.No.3829 dtd.28/3/2013 and as per said Deed of Supplementary Development Agreement Vendor No.1 agreed to give Flat No.1 & Flat No.2 total area admeasuring 215.06 sq.mts to Vendor No.2 in the building which is to be constructed on the plots. AND WHEREAS Vendor No.1 acquired the rights to construct build- ing on said Plot No.38 as a developer construct building on said Plot No.37 as a owner and sale the constructed premises. AND WHEREAS Vendor No.1 has sole and exclusive right to con- struct the building on abovesaid Plot No.38 as a developer and on Plot No.37 as a owner and sale the constructed premises in the building to be constructed or being constructed on the said plots and to enter in to an agreement with the prospective purchaser and to receive the said price thereof. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove. AND WHEREAS the Vendor/Promoter is in possession of the project land. AND WHEREAS AND WHEREAS the Vendor No.1 has proposed to construct on the project land 1 Building consisting Ground + Stilt +Stilt First+Stilt Second floors consisting of the Residential Flats. The projects shall be known as “KOTHARI CHAMBERS” AND WHEREAS the Allottee is offered an Apartment bearing num- ber Flat No.______ on the _____ floor, ( hereinafter referred to as the said “Apartment”) in the the Building .“KOTHARI CHAMBERS”,(hereinafter re- ferred to as the said “Building”) in the said project. AND WHEREAS the Vendor No.1 has entered into a standard Agree- ment with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Archi- tects. AND WHEREAS the Vendor No.1 has appointed a structural Engi- neer for the preparation of the structural design and drawings of the build- 4 ings and the Vendor No.1 accepts the professional supervision of the Ar- chitect and the structural Engineer till the completion of the building/build- ings. AND WHEREAS 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 the plans, designs and specifications prepared by the Promoter’s Architects Sameer S. Madiyar as project Architects and S.D.Patel as Struc- tural Consultant and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as “the said Act”) and the Rules and Regulations made thereunder, AND WHEREAS the authenticated copies of Certificate of Title issued by the advocate of the Promoter, authenticated copies of Property card or 7/12 extract of Village Forms or any other relevant revenue record show- ing the nature of the title of the Promoter to the project land on which the Flat/Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure ‘A’ and ‘B’, respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open /common spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annex- ure C-2. AND WHEREAS the authenticated copies of the plans and specifica- tions of the Apartment agreed to be purchased by the Allottee, as sanc- tioned and approved by the local authority have been annexed and marked as Annexure D. AND WHEREAS the land is converted to Non-Agriculture use for residential purpose vide order No.Kaksha-3/4/Bi.She.Pra.Kra./4/239/2003, dtd.13/11/2003 from Additional Tahsildar of Nashik. AND WHEREAS the the lay out of said land is approved by Nashik Municipal Corporation. vide order No.Nagar Rachana Vibhag/Final/ Panchavati/5/3864,dtd.28/10/2005. 5 AND WHEREAS the plans for the construction of building consist- ing of residential units is approved by Executive Engineer (Town Planning), Nashik Municipal Corporation by its sanction of Building Permit and Com- mencement Certificate No.LND/BP/Panch/C-1/1228/6784, dtd.22/03/ 2013. Further, Vendor revised said Building plan and said revised Building plan is approved by Executive Engineer (Town Planning), Nashik Munici- pal Corporation by its sanction of Building Permit and Commencement Certificate No.LND/BP/Panch/C-1/79/711, dtd.05/05/2017 AND WHEREAS the 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 Comple- tion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the 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. AND WHEREAS the Promoter has accordingly commenced construc- tion of the said building/s in accordance with the said proposed plans. AND WHEREAS the Purchasers/ Allottee has applied to the Pro- moter/Vendor No.1 for allotment of an Flat/Apartment No.______ on the _____ floor, in the Building/project “KOTHARI CHAMBERS”. AND WHEREAS the carpet area of the said Apartment is ___________ square meters and “carpet area” means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive alcony appurtenant to the said Apart- ment 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. AND WHEREAS, the Parties relying on the confirmations, represen- tations and assurances of each other to faithfully abide by all the terms, 6 conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and con- ditions appearing hereinafter; AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at___________ no._____________. AND WHEREAS, under section 13 of the said Act the Promoter 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 Agree- ment under the Registration Act, 1908. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter/Vendor No.1 shall construct the said building/ s consisting of stilt and three upper floors on the project land in accor- dance with the plans, designs and specifications as approved by the con- cerned local authority from time to time. The Purchaser hereby agrees and give his / her / their irrevocable and unconditional consent to the Promoter herein to carry out such, al- terations, modifications in the sanctioned layout/building plans, as the Pro- moter in its sole discretion thinks fit and proper and / or such modifica- tions 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 and unconditional consent to the Promoter to prepare the new/ revised layout and building plans, open space, internal roads, position of dust bins, transformer plinths, pumping stations etc. of the said land 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. 7 1.a (i) The Allottee hereby agrees to purchase from the Promoter/ Vendor No.1 and the Promoter/Vendor No.1 hereby agrees to sell to the Allottee Apartment/Flat No. ___________ of the carpet area admeasuring _________ sq. metres on ______ floor in the the Building ________'(here- inafter referred to as “the Apartment”) as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ________/-( Rupees :-___________________ only) including the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule an- nexed herewith. (ii) The Allottee hereby agrees to purchase from the Promoter/Vendor No.1 and the Promoter/Vendor No.1 hereby agrees to sell to the Allottee covered parking spaces bearing Nos ____situated at _______ Basement and/or stilt and /or ____podium being constructed in the said building/ lay out for the consideration of Rs. __________/ 1(b) The total aggregate consideration amount for the apart- ment is thus Rs.____ ___________/-( Rupees :- ___________________ only) 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. __________/- (Rupees ______________ only) (not exceeding 10% of the total consideration) as advance payment or applica- tion fee by way of Cheque bearing Cheque No.__________, dtd.________ ____ drawn on _________________ (the payment and receipt whereof the Promoter/Vendor No.1 both hereby admit and acknowledge) and Allottee hereby agrees to pay to that Promoter/Vendor No.1 the balance amount of Rs. ________________/-( Rupees.______________________ only) in the following manner :- a. Amount of Rs.___________/-(Rupees-______________________ only) (not exceeding 30% of the total consideration) to be paid to the Promoter/Vendor No.1 within 15 days after the execution of this Agree- ment b. Amount of Rs.___________/-(Rupees-______________________ (not exceeding 45% of the total consideration) to be paid to the Pro- moter/Vendor No.1 within 15 days from the completion of the Plinth of the building. 8 c. Amount of Rs.___________/-(Rupees-______________________ to be paid to the Promoter/Vendor No.1 within 15 days from the comple- tion of the first slabs of the building. d. Amount of Rs.___________/-(Rupees-______________________ to be paid to the Promoter/Vendor No.1 within 15 days from the comple- tion of the Second slabs of the building e. Amount of Rs.___________/-(Rupees-______________________ to be paid to the Promoter/Vendor No.1 within 15 days from the comple- tion of the Third slabs of the building. f. Amount of Rs.___________/-(Rupees-______________________ (not exceeding 70% of the total consideration)to be paid to the Pro- moter/Vendor No.1 within 15 days from the completion of the Forth slabs of the building g. Amount of Rs.___________/-(Rupees-______________________ (not exceeding 75% of the total consideration) to be paid to the Pro- moter/Vendor No.1 within 15 days from the completion of the internal plaster of the building. h. Amount of Rs.___________/-(Rupees-______________________ (not exceeding 80% of the total consideration)to be paid to the Promoter/ Vendor No.1 within 15 days from the completion of the Sanitary fittings, staircases, liftwel, lobbies upto the floor level of the said Apartment. i. Amount of Rs.___________/-(Rupees-______________________ ( not exceeding 85% of the total consideration) to be paid to the Promoter/ Vendor No.1 within 15 days from the completion of the external plumbing and external plaster, of the building or wing in which the said Apartment is located. j. Amount of Rs.___________/-(Rupees-______________________ (not exceeding 95% of the total consideration) to be paid to the Promoter/ Vendor No.1 within in 15 days from the completion of the lifts, water pumps, electrical fittings,entrance lobby/s, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the build- ing or wing in which the said Apartment is located. 9 k. Balance Amount of Rs.___________/-(Rupees-_________ ____ ____ _____ against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The above purchase price / consideration does not include the fol- lowing charges:- a) Stamp Duty, Registration and other charges payable to the concerned authorities. b) Legal charges for documentation. c) Transfer fees. d) Water Resources Development charges. e) Any other taxes, cesses that shall be levied or become leviable by any Government authorities and also such other charges, escalations imposed by any Government Authorities. f) Proportionate share of Property taxes. g) Share money; entrance Fee of the Society or limited Company. h) Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, G.S.T. and Cess or any other similar taxes 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 posses sion of the Flat/Apartment. i) The amount of single phase MSEDCL meter deposit & water connection charges, Building maintenance deposit, Proportionate amount for formation and registration of Association of Apartment owners and Other expenses mentioned in the agreement. 1(e) The Total Price is escalation-free, save and except e s c a l a - tions/increases, due to increase on account of development charges pay- 10 able to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bod- ies/Government from time to time. The Promoter/Vendor No.1 undertakes and agrees that while raising a demand on the Allottee for increase in de- velopment charges, cost, 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. 1(f) The Flat Purchaser/s shall make all the payments to the Pro- moter/Vendor No.1 by Demand Draft only or by local cheques drawn in the name of Mr. Nitin Dayalal Kothari , If the Flat Purchaser/s makes pay- ment by outstation cheques then the date of payment shall be the one when the same is credited to the account of the Promoter/Vendor No.1 and to the extent the such amount is credited after deducting the com- mission of the Bank. The payment of the last installment shall be made by D.D or by local cheques & the possession of the said flat shall only be handed over after the amount is realized and credited by the drawee bank. It is made clear and agreed by and between the parties hereto that the promoter/Vendor No.1 shall not be bound to follow, chronologi- cal order of any of the stages of the above said stages/installments and that the Promoter/Vendor No.1 shall be at complete liberty to choose the chronology of the respective stages of the construction. The Purchaser agrees that the Promoter/Vendor No.1 may merge or consolidate two or more installments in their discretion by simultaneously executing the con- templated work in the said installment. The consideration of the said flat is also arrived on the assurance of the Purchaser to abide by the above pay- ment schedule only and it will not be altered by the Purchaser. The Pur- chaser shall liable & bound to pay all the amount of installments within 15 days from the date of receipt of the demand Letter of installment by the Promoter. The Purchaser shall make all the payments to the Promoter/Ven- dor No.1 by Demand Draft only or by local cheques . If the Purchaser makes the payment by outstation cheques then the date of payment shall be treated as and when the same is credited to the account of the Promoter/ Vendor No.1 and to the extent the said amount is credited by deducting the commission of the Bank. Payment of any installments if made in ad- vance shall be adjusted to the installments as mentioned herein above. No rebate /interest shall be paid by the Promoter for such advance payments made by the Purchaser or Housing Finance Companies/Banks,etc. 11 1(g) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter/Ven- dor No.1 shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any in- crease in the carpet area allotted to Allottee, the Promoter/Vendor No.1 shall demand additional amount from the Allottee as per the next mile- stone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agree- ment. 1(h) The Allottee authorizes the Promoter/Vendor No.1 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/Ven- dor No.1 may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter/Vendor No.1 to adjust his pay- ments in any manner. 2.1 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 at the time of sanc- tioning the said plans or thereafter and shall, before handing over posses- sion of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apart- ment. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter/Vendor No.1 shall abide by the time schedule for completing the project and handing over the Apartment to the Allottee and the com- mon 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 instalment and other dues payable by him/her and meeting the other obligations under the Agree- ment subject to the simultaneous completion of construction by the Pro- moter/Vendor No.1 as provided in clause 1(c) herein above. (“Payment Plan”). 12 3. The Promoter/Vendor No.1 hereby declares that the Floor Space Index available as on date in respect of the project land is 6870.69 square meters only and Promoter/Vendor No.1 has planned to utilize Floor Space Index ____ availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as men- tioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to De- velopment Control Regulations, which are applicable to the said Project. The Promoter/Vendor No.1 has disclosed the Floor Space Index of ________ 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/Vendor No.1 by utilizing the proposed FSI and on the un- derstanding that the declared proposed FSI shall belong to Promoter/Ven- dor No.1 only. 4.1 If the Promoter/Vendor No.1 fails to abide by the time sched- ule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter/Vendor No.1 agrees to pay to the Allottee, who does not intend to withdraw from the project, interest @ 12% per annum or as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter/Vendor No.1, interest @ 12% per annum or as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter/Vendor No.1 under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter/Vendor No.1. 4.2 It is hereby agreed that the time for payment as specified above is the ESSENCE OF THIS AGREEMENT and on failure of the Purchaser to pay the same on due dates, it shall be deemed that the Purchaser has committed breach of this agreement and the Promoter shall be entitled to take such action as they are entitled to take in case of breach/default of this agreement, including termination of this agreement. Without prejudice to the right of the Promoter/Vendor No.1 to take action for breach arising out of delay in payment of the install- ments on the due date, the Purchaser shall be bound and liable to pay interest @ 12% per annum with quarterly rests on all amounts which be- come due and payable by the Purchaser to the Promoter/Vendor No.1 till the date of actual payment. 13 Provided that tender of the principal amounts and interest or tender of the interest and expenses on delay thereof shall not itself be considered as waiver of the right of the Promoter/Vendor No.1 under this Agreement, nor shall be construed as condonation by Promoter/Ven- dor No.1 on such delay. The amount of interest shall be calculated after completion of the said flat and the Purchaser has agreed to pay the same before possession of the said flat. Without prejudice to the right of promoter/Vendor No.1 to charge interest in terms of sub clause 4.1 above, On the Purchaser com- mitting default in payment on due dates of any one installment due and payable under this agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and/or on the Purchaser committing breach of any one of the terms and condi- tions herein contained the Promoter/Vendor No.1, shall be entitled at their own option to terminate this agreement. Provided always that the power of termination hereinbefore contained shall not be exercised by the Promoters/Vendor No.1, unless and until the Promoters/Vendor No.1 shall have given to the Purchaser 15 days prior notice in writing of their intention to terminate this agree- ment stating the specific breach or breaches of the terms and conditions in respect of which it is intended to terminate the agreement and default shall have been made by the Purchaser in remedying such breach within the time of maximum 15 days. Provided further that upon termination of this agreement as aforesaid, the Promoters/Vendor No.1 shall simultaneously carry out the new booking of the said FLAT and refund the amount paid till that date by the Purchaser without interest and after deducting the 10% of the amount paid,towards damages, compensation and after deducting Ser- vice Tax, VAT,G.S.T. and / or any other amount due and payable by the Purchaser/s and / or paid by the Promoters/Vendor No.1 in respect of the said Premises only after selling/disposing of the said flat to any other person/s or party. However, the erstwhile Purchaser shall not have any other claim upon the Said FLAT itself or against the Promoters, except that of the amount to be refunded i.e.money claim without interest. 5. The fixtures, fittings and amenities to be provided by the Pro- moters/Vendor No.1 in the said Premises and the said building are set out in ANNEXURE-“E”annexed hereto. The Promoter/Vendor No.1 shall en- 14 deavour to provide the amenities of the same specifications as herein stated. However, in the event amenities of the said specifications are not available in the market then the Promoters shall provide amenities of simi- lar quality or as close to the said specifications as the circumstances may permit or their near substitutes. 6. The Promoter/Vendor No.1 shall give possession of the Apart- ment to the Allottee on or before ______________. If the Promoter/Ven- dor No.1 fails or neglects to give possession of the Apartment to the Allot- tee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter/Vendor No.1 shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 hereinabove from the date the Promoter/Vendor No.1 received the sum against the consideration of said flat till the date the amounts and interest thereon is repaid.Provided that the Promoter/Vendor No.1 shall be entitled to reasonable extension of time for giving delivery of Apart- ment on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of - (i) war, civil commotion or act of God ; (ii) Any notice, order, rule, notification of the Government and/ or other public or competent authority/court. (iii) Any reasons beyond the Promoter's’ control. (iv) Any default by purchaser. vi) Delay in grant of any NOC/permissions/licenses/connections/ installation of any services such as lifts, electricity, water connections and meters to the Scheme FLAT, road NOC etc., or Occupancy (Completion) Certificate from appropriate authority. 7.1 The Promoter/Vendor No.1, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the Apartment , to the Allottee in terms of this Agreement to be taken within 3 months from the date of issue of such notice and the Promoter/Vendor No.1 shall give possession of the Apartment to the Allottee. The Promoter/ 15 Vendor No.1 agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter/Vendor No.1. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Vendor No.1 or association of allottees, as the case may be. The Promoter/Vendor No.1 on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter to the Allottee intimat- ing that the said Apartments are ready for use and occupancy: 7.3 Upon receiving a written intimation from the Promoter/Ven- dor No.1 as per clause 7.1, the Allottee shall take possession of the Apart- ment from the Promoter by executing necessary indemnities,undertakings and such other documentation as prescribed in this Agreement, and the Promoter/Vendor No.1 shall give possession of the Apartment to the al- lottee. In case the Allottee fails to take possession within the time pro- vided in clause 7.1 such Allottee shall continue to be liable to pay mainte- nance charges as applicable. 7.4 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/Vendor No.1 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/Vendor No.1 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/Vendor No.1,compensation for such defect in the manner as provided under the Act. Provided further that the Flat Purchaser/s shall not carry out any alterations of whatsoever nature in the said flat and building or in the fittings therein. In particular it is hereby agreed that the Flat Purchaser/s shall not make any alterations in any of the RCC structures,fittings, ameni- ties, pipes, water supply connections or any of the erection ,alterations in the kitchen, toilets, W.C.,terraces , bathroom etc. If any of such works are carried out or any heavy loads are stored in the Flat, balconies, terraces, passages, etc, any liability including defect liability automatically shall be- come void. Further, the purchaser shall be liable of paying damages, if any, to purchaser / owner / user of the flat below or any affected flat. 16 8. The Purchasers/ Allottee shall use the Flat/Apartment or any part thereof or permit the same to be used only for purpose of residence He/She shall use the parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may de- cide and for this purpose also from time to time sign and execute the appli- cation for registration and/or membership and the other papers and docu- ments necessary for the formation and registration of the Society or Asso- ciation or Limited Company and for becoming a member, including the byelaws of the proposed Society 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 to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memoran- dum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be trans- ferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situ- ated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body o f the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. In the event the Federation/Co-operative Society Owners be- ing formed prior to the construction, sale and disposal of all the apartments /units /tenements in the Said Scheme/s, the rights, interests, entitlements, etc., of the said Society/ holders shall ALWAYS BE SUBJECT to the overall rights and authorities of the Promoters to deal and dispose off such unsold units/tenements/ /parking spaces/ / as per their choice and on such terms and conditions and consideration as the Promoters may deem fit and 17 proper. It is further agreed and understood by the Purchaser/s that the Promoters shall not be liable and /or required to contribute towards the common expenses, maintenance charges, etc., in respect of the said un- sold premises. 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 pro- portion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of whatever may come, per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance of the struc- ture of the building or wing is executed in favour of the society or a lim- ited company as aforesaid. On such conveyance being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter/Vendor No.1, the fol- lowing amounts :- (i) Rs.15000/- for share money, application entrance fees, formation and registration of the Society or Limited Company/Federation/ Apex body and proportionate share of taxes and other charges/ levies in respect of the Society or Limited Company/ Federation/ Apex body. (ii) Rs ____/- Per Sq.ft. on carpet are of the said flat for deposit towards provisional monthly contribution 18 towards outgoings of Society or Limited Company/ Federation/ Apex body for Two years. (v) Rs.5000/- For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs.10000/- for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee shall pay to the Promoter/Vendor No.1 a sum of whatever may come for meeting all legal costs, charges and expenses, in- cluding professional costs of the Attorney-at- Law/Advocates of the Pro- moter in connection with formation of the said Society, or Limited Com- pany, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance of the structure of the building or wing of the building, the Allottee shall pay to the Pro- moter/Vendor No.1, the Allottees’ share of stamp duty and registration charges payable, by the said Society or Limited Company on such convey- ance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registra- tion of conveyance of the project land, the Allottee shall pay to the Pro- moter, the Allottees’ share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: i. The Promoter has clear and marketable title with respect to the project land as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project. ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the devel- opment of the project. 19 iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report. iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report. v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals,licenses and permits to be issued by the com- petent authorities with respect to the Project, project land and said build- ing/wing shall be obtained by following due process of law and the Pro- moter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land,Building/wing and common areas. vi. The 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. vii. 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. viii. 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. ix. At the time of execution of the conveyance deed of the struc- ture to the association of allottees the Promoter shall handover lawful, va- cant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees. x. The Promoter has duly paid and shall continue to pay and dis- charge 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 com- petent Authorities. 20 xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, no- tification (including any notice for acquisition or requisition of the said prop- erty) 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. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby cov- enants 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 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. ii. Not to store in the Apartment any goods which are of hazard- ous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situ- ated 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, includ- ing 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 situ- ated 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. iii. To carry out at his own cost all internal repairs to the said Apart- ment 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 Apart- ment 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. 21 iv. 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 build- ing 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 situ- ated and shall not chisel or in any other manner cause damage to col- umns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the 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 Apart- ment is situated. vii. 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. viii. To bear and pay increase in local taxes, water charges, insur- ance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on ac- count of change of user of the Apartment by the Allottee for any pur- 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 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. x. The Allottee shall observe and perform all the rules and regu- lations which the Society or the Limited Company or Apex Body or Fed- 22 eration may adopt at its inception and the additions, alterations or amend- ments thereof that may be made from time to time for protection and main- tenance of the said building and the Apartments therein and for the ob- servance 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 Society/Limited Company/ Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually to- wards the taxes, expenses or other outgoings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federa- tion, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. After the registering the project under the provisions of the said act with Rera the Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Co-op- erative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant,demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies,staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or 23 other body and until the project land is transferred to the Apex Body / Federation as hereinbefore mentioned. 17. After the Promoter executes this Agreement he shall not mortgage or create a charge on the Apartment 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 Apartment. 18. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allot- tee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and sec- ondly, 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 serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) 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 amount shall be returned to the Allottee without any interest and after deducting the 10% of the amount paid,towards damages, com- pensation. 19. This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agree- ments, allotment letter, correspondences,arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/ building, as the case may be. 20. This Agreement may only be amended through written consent of the Parties. 21. If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereun- der or under other applicable laws, such provisions of the Agreement shall 24 be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 22. Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Apartment to the total carpet area of all the Apartments in the Project. 23. Both Parties agree that they shall execute, acknowledge and de- liver to the other such instruments and take such other actions, in addi- tions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agree- ment or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 24. The Allottee and/or Promoter shall present this Agreement as well as the conveyance at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will at- tend such office 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. Un- der Certificate of Posting at their respective addresses specified on page no.1 of this Agreement. It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agree- ment in the above address by Registered Post failing which all communi- cations 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. That in case there are Joint Allottees 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 con- sider as properly served on all the Allottees. 25 29. Stamp Duty and Registration :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Au- thority as per the provisions of the Real Estate (Regulation and Develop- ment) Act, 2016, Rules and Regulations, thereunder. 30. The rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Courts at Mumbai will have jurisdiction for this Agreement. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Panvel in the pres- ence of attesting witness, signing as such on the day first above written. First Schedule All that piece and parcel of vacant land bearing Plot No.37,area adm.347.180 sq.mtrs & Plot No.38,area adm.283.19 sq.mtrs ( Plot No.37+38,total area admeasuring 630.37 sq.mtrs ), out of S.No.322/A/1/A, situated at mauje Nashik, Tal. & Dist.Nashik within the limits of Nashik Mu- nicipal Corporation, and within the limits of Sub-Registration of Nashik, jointly bounded as follows; On or towards EAST : 12 mtr. Colony road. On or towards WEST : Adjoining Plot No.39 & Part of S.No.324. On or towards SOUTH : Part of S.No.324 & 12 mtr. Colony road. On or towards NORTH : 12 mtr. Colony road. Together with the right to use common space, colony roads and other easementory rights. Second Schedule All that piece and parcel of Flat No.______, admeasuring carpet area _________ sq. mtrs. + Balcony area adm._______ sq.mtrs + F.B. area adm._______ sq.mtrs + attached Terrace area ____, on _____ Floor, In Build- ing & project known as “KOTHARI CHAMBERS” to be constructed upon the said land described in first schedule above.The said flat is bounded as under: 26 On or towards EAST : On or towards WEST : On or towards SOUTH : On or towards NORTH : Here set out the nature, extent and description of common areas and facilities. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED HERE- UNTO ON THIS DY DATE YEAR FIRST MENTIONED HEREINABOVE. SIGNED AND DELIVERED by the Within Named “PURCHASER” Mr. __________ SIGNED AND DELIVERED by the Within Named “VENDOR/SALER” SIGNED AND DELIVERED by the Within Named “VENDOR/SALER” 1. Mr. Nitin Dayalal Kothari __________ 2. Mr. Rajesh Muljibhai Patel, No.1 for himself and Developer and General Power of Attorney Holder of No.2. In the presence of Witnesses. 1]____________ 2]____________