1l 3402094 qrTfr Original/Duplicate WednesdaY,March 11 '2020 cmiit':39c Regn':39M ' 10:12 AM qr+ftii;.: 2673 Rqirfi,' 1110312020 rrmr+qrE: ffi qKE-q-qrfl sr{ft,qis,: {q-43- 2 0 94 -2020 - ,'"', l .?_cQ-!-5 plans. SECOND: The Property described above is also converted to non Agricultural use as per the order of Collector, Nashik as per order No. Maha-kaksha-3/7/Bi.she.pra.kra.l2Ol2O13 Dated : 13t11t2013. The Grantor No.02 has decided to develop the said land and entered into a DevelopmentAgreement with the Grantor No. 01 and Development Agreement is registered at Sr. No. 2870 on 1210512015. The Grantor No. 02 also executed Powei of Attorney in- favour of Grantor No. 0'l herein which is registered at Sr. No. 2871 on 1zlosl2}is. That, the Grantor No. 0'l has purchased rDR of 200.00 sq. Mtrs., of ',c', Zone by sare deed Dtd' 1310512015 which was duly registered at the office of Sub-Registrar, Nashik at Sr. No. 426812015. That, the building permission with respect of the said property described in the schedule hereunder written is also obtained by the Grantor No. 01 from Nashik Municioal corporation vide No. LND/BP/C-3 t74t1073 dated 22-07-2015. The Grantor No. 01 has registered the project under the provision of the Act with the RealEstate RegulatoryAuthority at Mumbaino. P51600008297; authenticated copy is attached in Annexure. THIRD: That, the Grantor No. 01 has Completed construction of building upon the parcel of land described above, a building known as "KALpRAJ APARTMENT", According to the plans attached in annexure which were approved by the Nashik MunicipalCorporation,Nashik as per the Building Permission No. LND/BPIC-3174t1073 dated 22-07-2015 and the said buitding permission is for Residential purpose. The Grantor No. 01 has Completed the building as pef the approved building plan and in respect of the said building the Nashik Muncipal Corportion has issued Completion certificate Letter no. Javak No./Nanivi/Nashikroad/2 sBoT t2020 dtd. 04/ 02J2020. The said building consists of ground floor and four upper floors. In the said building, there are 10 Family Residential Units. They are all capable of individual utilization, on account of having their own exit to a common area and facility of the building and the apartment wiil be sold to one or more owners each owner obtaining a particular and exclusive property right heretc and each apartment constituting a heritable and transferable,the present plot & T D.R. as per new rules, then even after compleiion of the building and obtaining Completion Certificate, the Grantor No. 01 have right to utilize the said F.S.l. exclusively by carryrng our necessary construction over the terrace area and also over the family unit Nos. 7 & B referred above. The present building in the marginal spaces of the building. While erecting the said pilters, if the area of any family unit is increased, then the said family unit holder will have to give co-operation and will h.rve to pay necessary charges for the construction of their property. FOURTH: Thatthis condominium shall be known as KALPRAJAPARTMENT CONDOMINIUM and that the family units and common areas and facilities of the building will be as follows; On the ground floor there is parking for the apartment, on the First Floor there are family unitNos. 1,2&9, ontheSeccndfloorfamilyunitNos.3,4&l0,OntheThirdfloorfamilyunit Nos.5 & 6 and on the Fourth floor familv unit Nos.7 & B. FAMILY UNITS 01) Family Unit No. 01 : Mr. Ashok Narayan Jainkar & Mrs. VaishaliAshok Jainkar The Agreement for Sale is registered at Sr. No. 766412017 on Dtd. 2111112017 . It is a rectangular shapeci aparlment, on the First floor totally measuring 56.76 Sq.Mtrs. ;NTT-? { 1Rfr.( -\a QjC i?o?o) }} o u1- 3a CarpetArea + usable area of adjoining Balcony& C/B adm. 13.88 Sq.Mtrs. alongwith the absolute on and exclusive right to use and enjoy the Common area in thesaid apartment as specifically shown the plan attached hereto. 021 Family Unit No. 2 : Unsold lt is a rectangular shaped apartment, on the First floor totally measuring 72.94 Sq.Mtrs. Carpet Area + usable area of adjoining Balcony & C/B adm. 15.47 Sq.Mtrs. alongwith the absolute shown on and exclusive right to use and enjoy the Common area in thesaid apartment as specifically the plan attached hereto. 03) Family Unit No.03 : Mr. Bhalchandra Daguji Ghuge & Mrs. Sunita Bhalchandra Ghuge The Agreement for Sale is registered at Sr. No. 627012018 on Dtd. 03/09/2018. It is a rectangular shaped apartment, on the Second floor totally measuring 56.76 Sq'Mtrs. CarpetArea + usable area of adjoining Balcony& C/B adm. 13.88 Sq.Mtrs. alongwith the absolute shown on and exclusive right to use and enjoy the Common area in thesaid apartment as specifically the plan attached hereto. 04) Family Unit No. 4 : Mrs. Pratibha Pradeep Pendit & Mr. Pradeep Somnath Pandit The Agreement for Sale is registered at Sr. No. 1936/2018 on Dtd. 13/03/2018' It is a rectangular shaped apartment, on the Second floor totally measuring 72.94 Sq.Mtrs. Carpet Area + usable area of adjoining Balcony & C/B adm. 15.47 Sq.Mtrs. alongwith the absolute and exclusive right to use and enjoy the Common area in thesaid apartment as specifically shown on the olan attached hereto. 05) Family Unit No. 5 : Sushmita Ravindra Sonje & Mr. Ravindra Narayan Sonje The Agreement for Sale is registered at Sr. l''lo. 184212018 on Dtd. 12lBl2A18' llt is a rectangular shaped apartment, on the Third floor totally measuring 56.76 Sq.Mtrs. Carpet Area + usablelrea of adjoining Balcony & C/B arlm. 13.88 Sq.Mtrs. alongwith the absolute shown on and exclusive right to use and enjoy the Common area in thesaid apartment as specifically the plan attached hereto. 06) Family Unit No. 6 : Sarika Subhash Ranade The Agreement for Sale is registered at Sr. No. 1658/2019 on Dtd. 08/03/2019. It is a rectangular shaped apartment, on the Third floor totally measuring72.94 Sq.Mtrs. the absolute Carpet Area + usable area of adjoining Balcony & C/B adm. 15.47 Sq.Mtrs. alongwith specifically shown on and exclusive right to use and enjoy the Common area in thesaid apartment as the plan attached hereto 07) Family unit No. 7 : Mr. Vikrant sudam Patil & Mrs. Kalpana sudam Patil ;:' The Agreement for Sale is registered at Sr. t'Jo. 2901/2018 on Dtd. 1210412018' It is a rectangular shaped apartment, on the Fourth floor totally measuring 56.76 Sq-Mtrs. the absolute Carpet Area + usabte area of adjoining Balcony & C/B adm. 13.88 Sq,Mtrs. alongwith area in thesaid apartment as specifically shown on and exclusive right to use and enjoy the Common the plan attached hereto. 0g) Family Unit No. 8 : Mr. Avinash Padmanabh Gosavi & Mrs. Akshya Avinash Gosavi The Agreement for Sale is registered at Sr. No. 8686/2019 on Dtd' 1811212019. It is a rectangular shaped apartment, on the Fourth,floor totally measuring 63.00 Sq.Mtrs. Carpet Area + usabie area of adjoining Balcony & C/B adm. 8.66 Sq.l,ltrs. + usable area of right to use and enjoy adjoining Terrace adm. 10.27 Sq.Mtrs, alongwith the absolute and exclusive r1..,\ +sJ- __- i\:\.-=.6-/# \U.)7 l._Si,Uy LJheCommon-areFirnn-eSaid afartment as specifically shown on the ptan attachecj nereto. 09) Family Unit No.9 : Mrs. Hatimabi Rashid Kadri lt is a rectangular shaped apartment, on the First floor totally measuring 64.82 - Carpet Area + usable area of adjoining Balcony & C/B adm. s.+d sq.tvttr". i Sq.Mtrs. usable area ot adjoining Terrace adm' 24.25 Sq.Mtrs. alongwith the absolute and exclusive right to use and enloy the Common area in thesaid apartment as specifically shown on the plan attached hereto. 10) Family Unit No. 10 : Mrs. Hatimabi Rashid Kadri It is a rectangular shaped apartment, on the Second flooi'totally measuring 64.g2 Sq.Mtrs. Carpet Area + usable area of adjoining Balcony & C/B adm. 14.64 Sq.Mtrs. atongwitn the absolute and exclusive right to use and enjoy the Common area in thesaid apartment as speciflcally shown on the plan attached hereto. 2. COMMON AREAS AND FACILITIES : a) All that piece and parcel of the undivided land as described in the paragrapn first of this deed. b) The foundation of main walls, columns, girders, beams and roofs of the building as described on the plan and shall form part of this Deed as Exhibit herewith attached. The followinq Common Areas and Facilities are seoarate for Familv unit no. 01 to 08 and Familv Unit no. 09 and 10 : c) Stairway and Lift referred to in this Deed as shown on the plan which leads from the ground floor to the roof of the building. d) Sanitary network throughout the building and Underground water tank located in the side margin and overhead water tank located on the roof of the buildrno. e) Plumbing network throughout the building. 0 Comnron Electric meter and'wiring network throughout the buildinE. g) Motor with pump set and in General all apparatus and installations existing for common use. h) Top terrace i) Borwell with sub mercible pumpset j) There is a common passage for egress and ingress to each family unit which goes south north east west. The said passage shall be utilizecJ by the said unit :i holders in common and that property will remain the properiy of the owners. ' No Unit owner shall have any exclusive right over the said common passage dlcd. RESTRICTED AREAS : a) That the parking on the ground floor is allotted to the each apartnrents and as such no other apartment owners shall be entitled to use the said allotted parkings. b) That the ground floor area and side margin underneath family unit no. 0'l to 0B and family unit no. 09 and 10. c) That no FSI will be available for any additional construction in future as the entire FSI and available TDR is to be used by the grantors for construction within the proiect as may be made available anytime in future. d) lf there is any change in use by the unit holders, and if there woutd have been any action by the concerned authorities by the change of use, then that r.^rill be the sole ;r$T-?_-- qifl f'.t J-O{-- 6':m --TTT \_9, iKq#.\:--:--<'.! sr.rsilth"j-Z responsibility of that particular unit holdei and tFeGianors will not be held liable for such actions. -2 FIFTH: (a) That the right, title and interest of each owner of the units in the general common area and facilities listed under sub-paragraph 2 of Fourth and their proportionate share in the profits and common expences in the said general common areas and facilities as well as the proportionate representation for land and voting purposes in the meeting of the Association of Apartment owners of the "KALPRAJ APARTMENT" CONDOMINIUM is based on the proportionate value of such unit to the total value of all units, which are as follwos:- Apartment Percentage Flat No. 1 8.66% Flat No. 2 11.12% Flat No, 3 8.66% Flat No. 4 1112a/o Flat No. 5 8.66% Flat No. 6 11.12% Flat No. 7 8.66% Flat No. B 10.39% Flat No. 9 11.73% Flat No. 10 9.BB% 104% (b) The proportionate representation for voting purpose provided in (a) hereof may be limited in accordance with the provisions of bye-laws attached hereto as Exhibit-,,A (c) ApartmenUApartments and the percentage of undivided interest in the common areas and facilities pertaining to each apartment are not encumbered in any manner whatsoever on the date of this declaration. SIXTH: That the administration of "KALPRAJ APARTMENT" CONDOMTNIUM consisting as aforesard of the building and parcel of land described in Paragraph First and Fourth oi11" is Deed shall be in accordance with the provisions of this Deed and with the provisions of the bye-laws which are made a part of this Deed and are attached hereto as Exhibit-B. SEVENTH: That as appears above a plan of apartment ownership is hereby constituted ui.rder and subject to the provisions of the Maharashtra Apartment ownership Act, 1920 so that the family units of the upper floors may be conveyed and registered as individual properties capable of independent use, on account of each having its own exit to a common area and facility of the building, each family & unit owner having an exclusive and particular right, title and interest over his respective family unit and in common areas and facilities and/or restricted common areas and facilities. EIGHTH: That, for the purpose of stamp duty anC registration fees to be imposed on the registration of this Deed in the Register of Declaration and Deeds of Apartment under section 13(s). NINETH: That so long as the vendor/owner one or more of the units, the vendor shall be subject to the provisions of this Deed and of the Exhibits A attached hereto and the Vendor covenant to take no action which will adversely affect the rights of the Association of Apartment owners with respect of assurances against latent defects in the building or other rights assigned to the Association by the reason of the establishment of "KALPRAJ APARTMENT,, CONDOMINIUM. TENTH: That, the general and/or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division there of. ELEVENTH: That the percentage of the undivided interest in the general and/or restricted common areas and facilities established herein shall not be changes except with the unanimous consent of all the apartment owners expressed in amendment to this Deed duly registered. TWELFTH: That the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the family units to which it appertains and shall be deemed conveyed or encumbered with the unit eventhough such interest is not expressly mentioned or described in the convevance or other instrument. THIRTEENTH: That each apartment owner shall comply with the provisions of this Deed, the bye-laws, decisions and resolutions of the Association of Apartment Owners or its representatives, and failure to comply with any such provisions, decision or resolutions, shall be grounds for an action to recover sums. FOURTEENTH: That the dedication of the property to the plan of Apartment Ownership herein shall not be revoked or the property removed from the Plan of Apartment Ownership, of any of the provisions herein amended unless all of the apartment owners and the mortgagees of all the mortgages covering the units unanimously agree to such revocation of amendment,or removal of the property from the Plan by duly registered instrument. FIFTEENTH: That no apartment owner of unit may exempt himself frorn liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restrited common areas and facilities or by the abandonment of his family unit. SIXTEENTH: qt All sums assessed by the association but unpaid for the share of the common expenses chargeble to any family unit shall constitute a charge on such family unit prior to all other charges except only (1) charges, if any, on the family unit for payment of Government or municipal taxes or both, and (2) all sums unpaid on a first mortgage of the apartment. SEVENTEENTH: That all present or future owners, tenants, or any oiher person that might use the facilities of the building in any manner, are subject to the provisions of this Deed and that the mere acquisition or rental of any of the units of the building or the rrere act of occupancy of any of the said unit shall signify that the provisions of this Deed are accepted and ratified. The respective unit shall not be rented or given on leave and license or care-taker basis by the apartment owners thereof for transient or hotel purpose, which shall be defined as (a) rental compensation or compensation for any period less than thirty days, or (b) any rental or if the occupants of the units are provided customary hotel or boarding or lodging or paying guest services other than the foregoing obligations, the apartment o,,,rrrci-s of the respective units Jq,qt6-i?o?e ) shall have the absolute right to lease such unit or give it on leave and license or care-taker basis provided that said lease or leave and license or care-taker basis is made subject to the covenants and restrictions contained in this Declaration and further subject to the bye-laws in Exhibit A attached hereto. EIGHTEENTH: That if ihe property, subject to the plan of Apartment ownership is totally or substantially damage or destoryed, the repaid, reconstruction or disposition of the property shall be as provided by the Maharashtra Apartment Ownership Act,1970. NINETIETH: That where a family unit is sold by a mortgage in exercise of his powers of sale under an English mortgage or by a Court in execution of a decree in a suit brought by a mortgagee against the owner of such family unit, then neither the mortgagee nor the purchaser who derives title to the family unit unit at such sale, or his successors or assigns shall be liable, for assessment by the association which became due prior to the acquisition of tile by such acquirer, it being understood, however, that the above shall not be constructed to prevent the Association of property insurance premium as such premiums become due. TWENTIETH: That in a voluntary conveyance of a family unit the guarantee of the unit shall be joinly and severally liable with the vendor for all unpaid assessments by the Association of Apartment Owners, against the latter for his share of the common expenses up to the time of the grant or conveyance without prejudice to the promoters and the confirming party right to recovlr from the Grantors the amounts paid by the grantee therefore. However, any such vendor shall be entitled to a statement from the Manager or Board of Managers of the Association, as the case may be, setting forth the amount of the unpaid assessments against the Grantors due to the Association and such grantee shall not be liable for nor shall the family unit conveyed be subject to a charge for, any unpaid assessments made by the Association of Apartment 6wners against the Grantors in excess of the amount therein set forth. TWENTY.FIRST: That the manager of Board of Managers of the Association shall obtain the continue in effect blanket property insurance in form and amounts satisfactory to mortgages holding first mortgages covering family units but without prejudicial to the right of the owner of a famity unit to obtain individual family unit insurance. TWENTY.SECOND: That insurance premium for any blanket insurances coverage shall be a common expenses to be paid by monthly assessment levied by the Association of A.,lartment Owners; and that such payment shall be held in a separate account of the Associatirln and used solely for the payment of the blanket property insurance premrum as such premiums become due. M/S. AKAR DEVELOPERS PARTNERSHIP FIRM THROUGH ITS PARTNER, MR.ARVINDBHAI KARSHANBHAI PATEL, hereto set their hands on this 11th day of March in the year Two Thousand and Twenty. SIGNED SEALED & DELIVERED BY WITHINNAMED DEVELOPER & LAND-OWNER, M/s. AKAR DEVELOPERS PARTNERSHIP FIRM THROUGH ITS PARTNER. J--e-'-6- | "4r.. MR. ARVIN DBHAI KARSHANBHAI PATEL, (DEVELOPERycRANTOR NO. 01 ) MRS. HALIMABI RASHID KADRI, THROUGH ITS GENERAL POWER OFATTORNEY. AKAR DEVELOPERS, ' r-7.\- THROUGH ITS PARTNER, MR. ARVINDBHAI KARSHANBHAI PATEL, ( /+< Y ) l--o | ''}-'lE) (LAN D.OWNERyGRANTOR NO. 02) - IN THE PRESENCE OF WITNESSES:. 1' Pt"l-o-'- P'k-l ' 2. ,,'r\d-t Str\lrJ) \'- (.. 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