Index No. 14.6 Makhmalabad
Land Rate- 7,200/- per sq.mtrs,
Land Area :-
Land Valuation Rs.
Row house Rate- 22,OOO /-
Row house Carpet Area-
Row house Valuation
Total Valuation Rs.
Consideration Rs.
Stamp Rs.
R/f Rs.
                    AGREEMENT
This Agreement made at. Nashik.this........day of.August in
the year Two Thousand and SeveateeE
BETWEEN
VISHWAXARMA BUILDWEL CONSTRUCTION THROUGH
ITS PARTNERS [AANFVI516FI
1. MR.VISHWAKARMA BHILA SHARDUL Age 50 years,
Occu. Business
2. MR. AMOL SUBHASH GAWALI Age 32 years, Occu.
Business Both R/at. 6, Puspak Apartment Old Pandit
Colony Nashik 422OO2 .hercinafter referred to as 'THE
PROMOTER' which expression shall unless it be repugnent
to the context or meaning thereof mean and include the said
hrm, its time being partners, their legal heirs, successors,
executors) administrators, assigns, etc.) of the One Part
AND
MR.                             Age_ years
Occu.-R/a
.hereinafter referred to as " THE ALLOTTEE " (which
expression shall mean and include his/her/their legal
heirs, successors, representatives etc.) of the Other Part;
AND
l.MR. DASARATH MADHUKAR XASMIRE 2. MR. SHAM
MADHUKAR I(ASMIRE THROUGH ITS G.P.A. HOLDER
VISHWAXARMA BUILDWEL CONSTRUCTION THROUGH
ITS PARTNERS [AANFVls16FI
I.MR.VISHU,AXARMA BHILA SHARDUL Age 50 years,
Occu. Business
2. MR. AMOL SUBHASH GAWALI Age 32 years, Occu.
Business Both R/at. 6, Puspak ApartmenL Old Pandit Colony
Nashik 422OO2 .hereinafter referred to as THE
CONFIRMING PARTY (which expression shall mean and
include his/her/their             legal heirs, successors,
representatives etc.) of the Third Part
       WHEREAS by an Agreement dated lors .day
Octobcr of 2Of6 & Power of Attorney dated 1011012016
executed between l.MR. DASARATH MADHUKAR
KASMIRE 2. MR. SHAM MADHUXAR KASMIRE
[CONFIRMING PARTYI( hereinafter referred to as 'the
Original Owne/) of the One Part and the Promoter of the
Other Part (hereinafter referred to as "the Development
Agreement"), the Original Owner granted to the Promoter
development rights to the piece or parcel of freehold land
S.No. 8/2B Plot No.19, 20 21 22 & 23 total admeasuring
1O21.5O sq. mts., lying and being at Village Makhmalabad
in the Registration Sub-District of Nashik or thereabouts
more particularly described in the First Schedule therein as
well as in the First Schedule hereunder written (hereinafter
                                   2


  :"f:.I"d !o as,,the
  building/s
                      project land,) and to construct thereon
              in accordance with the t".-"
                                              "ra-"L"a'itj.i"
  conrained in the Development Agreemenr/ pow",   .iAi;;;;;,
  The said Agreemenrs & power OiAtt"...y          ..g^t.r.j'*iiri
   lhe--Joln-t Sub-Registrar Class II IVasit_"* S it a.""_""t
   Sr.No. 8198 & 8199 oD tot t1l2ct6
         AND WHEREAS the promoters are entitled
   enjoined upon to construct buildings o" th. p.;E;";;; and
   accordance with the recitals hereinaiove;
           AND T,VHEREAS the said plots are out of larger land
  whjch is duly converred for non_agriculrural use. by lhe
  order_ issued by MAH/DESK_3/NAF No.a
                                                 tsiiho;t iL.
  21102/2OO2 from the Collector of Nashik-The'promil;;
  also paid the non-agricultural assessment till date
                                                      and there
  no arrears against the same.
            AND WHEREAS t}le said plot property is out of
  larger land for which final layout orier is"uea Uy A""i"uri
  ?lleclor Jown planning bearing no Town plannins
 /Ftnal/ 147 /panchwati dr. t4l02/2.-OO3
           AND WHEREAS the Building plan for the new
 conslruction to be caused upon thi said ploLs are n.,i
 prepared and approved by the Executive gngi"..i
 PIannrng, Nashik Municipal Corporation, t,laihik under
                                                       ioir"
                         permit & Commencement Certilicaie
 :"":ll"jr  .91 Building                             *-**
 No. LND,/BP /C-2/521/4495 datedOZ/ttl2Ot6. -
        AND WHEREAS the promoter has proposed to
 construct on the project ASSIRWAD now Uouses t
 having Ground & First floors)
                                                      to 1+
           AND WHEREAS the Allottee is offered an Row
 House /Apartment bearing number _            th" i..;;l
 +Firsrt floor, ( herein after referred to"" a"        -s.i;
                                                 th;-
 "Apartment") of the said project, by the promoter
        AND WHEREAS the promoter has entered into a
 standard Agreement with an Architect registered *itf,
 Council of Architects and such Agreemeit t" ;         tfr"
 Agreement prescribed by the Council of Architects:   ;;    ;il;
          AND WHEREAS rhe promorer has regisrered the
 Project under the provisions of the Act *ltf, *r.-i"Ji"t"t"
l:g]l"lgry. .Authority        at                 Eo.--;
autheaticated   copy is attached in Annexure ."1
         AND WHEREAS the promoter has appointed a
                                                      -
structural Engineer for tl.e preparation of the structural
deslgn and drawings of the buildings and rhe promorer
accepts the professional supervision oitU" n."lit""t a.rJ
                                                          tt
_strugtural   Engineer    till the    completion    of    th;"
building/buildings.
-      AND WHEREAS by virrue oI lhe Develoomenr
Agreemenl/Power of Artorney promoler
                             ll.e         has sole and
exclusrve nght to sell the Row House/Apartments in lhe
said Row Houses /building/s to be conslructed bv the
Promoter on the project land and to enter into Agreement/s
with.the allotree(s)/s of the Aparlmenrs to receiie the sale
conslderahon rn respect thereof:
         AND WHEREAS on demand from the allottee, the
Promoter has given inspection to the Allottee
                                                    9f ali ttre
documents of title relating to the project land and ifr" pf."",
designs and specifications prepared by the promoter,s
Architects Messrs.............and of such other documents as
are specihed under the Real Estate (Regulation and
Development) Act 2016 (hereinafter relerred to as ,'the said
Act") and the Rules and Regulations made thereunder;
         AND WHEREAS the authenticated copies of
Certificate of Title issued by the attorney at law or advocate
of the Promoter, authenticated copies of properly card or
extract of Village Forms VI and VII arld XII or any other
relevant revenue record showing the nature of the title of the
Promoter to the project land on which the Apartments are
constructed or are to be constructed have been annexed
hereto and marked as Annexure 'A' and 'B', respectively.
        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
plals of the Layout as proposed by the Promoter and
 according to which the construction of the buitdings and
 open spaces are proposed to be provided for on the said
 project have been annexed hereto and marked as Annexure
 c-2,
         AND WHEREAS the authenticated copies of the
 plans and specihcations of the Apartment agreed to be
 purchased by the Allottee, as sanctioned and approved by
 the local authority have been annexed ald marked as
Annexure D
         AND WHEREAS the Promoter has got some of the
approvals from the concerned local authority(s) to the plans,
the specihcations, 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 /Row Houses Completion Certificate or Occupancy
Certihcate of the said Row Houses /Building
          AND WHEREAS while sanctioning the said plans
concemed Iocal 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 certiflcate in respect of the said
Row llouses /building/s shall be granted by the concerned
local authority.
         AND WHEREAS the Promoter has accordingly
commenced construction of the said building/s in
accordance with the said proposed plans.
         AND WHEREAS the Allottee has applied to the
Promoter for allotment of an Row House No. .,..,.... on
Grourd+Firct floor situated in the building ASSIRWAD
ROW HOUSES being constructed of the said Project,
      AND WHEREAS the carpet area of the said Row
House /Apartment is     square meters and "carpet area'
means the net usable floor area of an Row house/
apartment, excluding the area covered by the external walls,
areas under services shafts, exclusive balcony appurtenant
to the said Row House/Apartment for exclusive use of the
Allottee or verandah area ald exclusive open terrace area
                                       4


appurtenant to the said Apartment for exclusive use oI the
Allottee, but includes the area covered by the internal
partition walls of the apartment.
          AND WHEREAS, the Parties relying on the
conflrmations, representations and assurances of each other
to faithfully abide by all the terms, conditions and
stipulations contained in this Agreement and all applicable
laws, are now willing to enter into this Agreement on the
terms and conditions appearing hereinafter;
          AND WHEREAS, prior to the execution of these
presents the Allottee has paid to the Promoter a sum of
Rs                 (Rupees . . . . . . . . . . . . . . . . . . ) only, being part
                                                    .


pajment of the sale consideration of the Apartment agreed to
be sold by the Promoter to the Allottee as advance payment
or Application Fee (Lhe payment and receipt whereof the
Promoter both hereby admit and acknowledge) ald the
Allottee has agreed to pay to the Promoter the balance oI the
sale consideration in the manner hereinafter appearing.
          AND WHEREAS, the Promoter has registered the
Project under the provisions of the Real Estate (Regulatiotr
& Redevelopmetrt) Act, 2016 with the Real Estate
Rcgulatory 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 Agreement under the
Registration Act, 19O8.
NOW THEREFOR, THIS AGREEMENT WITNESSETH AND
IT IS HEREBY AGREED BY AND BDTWEDI{ THE PARTIES
HERETO AS FOLLOWS:-
 1.      The Promoter shall construct the said Row House
Ground + First floors on the project land in accordance
with the plans, designs and specihcations as approved by
the concerned local authoriry from time to lime.
         Provided that the Promoter shall have to obtain prior
consent in writing of the Allottee in respect of variations or
modihcations which may adversely affect the Apartment of
the Allottee except any alteration or addition required by any
Government authorities or due to change in law.
 l.a (i) The Allottee hereby agrees to purchase from the
Promoter and the Promoter hereby agrees to sell to the
Allottee Row Housc /Apartment No. ....,......... of the carpet
area admeasuring                         sq. metres on Gtound+Firat
floor in the building ASSIRWAD ROW HOUSES (hereinafter
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,                     including Rs,
                  being the proportionate price oI the common
areas and facilities appurtenant to the premises, the nature,
extent and description of the common areas and facilities
which are more particularly described in the Second
Schedule annexed herewith.
(ii) The Allottee hereby agrees to purchase from the Promoter
and the Promoter hereby agrees to sell to the Allottee Row
House bearing Nos-situated at Ground+First being
constructed in the layout for the consideration of Rs.
                                   5


1(b) The total agreeaeEt consideratloa amount for the
Row houaes ilcludiag is thus Rs.
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 application fee
and hereby agrees to pay to that Promoter the balance
amount          of          Rs             ............................(Rupees
                   ...........) in the following manner :-
i. Amount of Rs_/                       -(ns._)
(not exceeding 30% of the total consideration) to be paid to
the Promoter aJter the execution of Agreement
ii. Amount of Rs_/-(Rs.
(not exceeding 45% of the total consideration) to be paid to
the Promoter on completion of the Plinth of the building or
wing in which the said Apartment is located.
iii. Amount of Rs_/-(Rs.                                      )
(not exceeding 7oo/o of lhe total consideration) to be paid to
the Promoter on completion of the slabs including podiums
and stilts of the building or wing in which the said
Apartment is located.
iv. Amount of Rs                  /-(Rs.
(not exceeding 75/o oI t}:,e total consideration) to be paid to
the Promoter on completion of the walls, internal plaster,
floorings doors and windows of tlte said Apartment.
v. Amount of Rs_/                       -(Rs.
(not exceeding 80% of the total consideration) to be paid to
the Promoter on completion of the Sanitary fittings,
staircases, lift wells, lobbies upto the floor level of the said
Apartment.
vi. Amount of Rs                 /-(Rs.                     )(
not exceeding 85% of the total consideration) to be paid to
the Promoter on completion of the external plumbing and
external plaster, elevation, terraces with waterproofing, of
the building or wing in which the said Apartment is located..
vii. Amount of Rs_/-(Rs._)
(not exceeding 95% of the total consideration) to be paid to
the Promoter on completion of the lifts, water pumps,
electrical fitLings, electro, mechanical and environment
requirements, entrance lobby/s, plinth protection, paving of
areas appertain ald all other requirements as may be
prescribed in the Agreement of sale of the building or wing in
which t-l.e said Apartment is located.
viii. Balalce        Amount             of          Rs
(Rs.                   I against and at the time of
handing over oI the possession of the Apartment to the
Allottee on or after receipt of occupancy certificate or
completion certificate.

1(d)     The Total Price above excludes Taxes (consisting of
tax paid or payable by the Promoter by way of Value Added
Tax, Service Tax, and Cess or any other similar taxes which
may be levied, in connection with the construction oI and
                                6

 carrying out the Project payable by the promoter) up to the
 date of handing over the possession of the [Apartment/plot].
 1(e) The Total Price is escalation-free, save and except
 escalations/increases, due to increase on account o[
 development charges payable to the competent authority
 and/or any other increase in charges which may be levied or
 imposed by the competent authority Local Bodies
 /Government from t-ime io time. The promoter undertal<es
 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
 the said notification/order/rule/regulation published/issued
 in that behatf to that elfect along with the demand letter
 being issued to the Allottee, which shall only be applicable
 on subsequent paJments.
 1(0       The Promoter may allow, in its sole discretion, a
 rebate for early payments of equal instalments payable by
 the Allottee by discounting such early payments @ ]-8o/o per
 annum for the period by which the respective instalment has
 been preponed. The provision for allowing rebate and such
 rate of rebate shall not be subj€ct to any
revision/withdrawal, once granted to an Allottee by the
Promoter.
 1(g)    The Promoter shall conhrm the final carpet area
that has been allotted to t}le 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 shall refund the excess
money paid by Allottee within forty-five days with annual
interest at the rate specihed in the Rules, from the date
when such an excess amount was paid by the Allottee, II
there is any increase in the carpet area allotted to Allottee,
the Promoter shall demand additional amount from the
Allottee as per the next milestone of the payment plan. Atl
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 Altottee 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 mav in its sole discretion
deem fir and the Allotree undenakes not to
object/demand/direct the Promoter to adjust his payments
in any manner,
2.1 The Promoter hereby agrees to observe, perform
and comply wit}]. all the terms, conditions, stipulations and
restrictions if any, which may have been imposed by the
concerned local authority at the time of sanctioning the said
plans or thereafter and shall, before handing over p;ssession
oI the Row Houses/Apartment to the Allottee, obtain from
the concerned local authori$r occupancy and/or completion
certificates in respect of the Apartment.
2.2        Time is essence for the Promoter as well as the
Allottee. The Promoter shatl abide by the time schedule for
completing the project and handing over the
                                 7

 [Apartment/Plot] to the Allottee and the common areas to
 the association oI the allottees after receiving the occupancy
 certificate or the completion certificate or both, as th; cas;
 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 Agreement subject
 to the simultaneous completion of construction by the
 Promoter as provided in clause 1 (c) herein above. ("payment
 Plan"),
 4.1       If the Promoter fails to abide by the time schedule
 for completing the project and handing over the Row House
 lApartment/Plot] to the Altottee, the promoter agrees to pay
 to the Allottee, who does not intend to withdraw from the
 project, interest as specified in the Rule, on all the amounts
 paid by the Allottee, Ior every month of delay, titl the handing
 over of the possession. The Allottee agrees to pay to the
Promoter, interest as specified in the Rule, on all the delayed
payment which become due and payable by the Allottee to
the Promoter under the terms of this Agreement from the
date the said arnount is payable by the atlottee(s) to the
Promoter.
4.2        Without prejudice to the right of promoter to charge
interest in terms of sub clause 4.1 above, on the Allottee
committinB default in payment on due date of any amount
due and payable by the Allottee to the Promoter under this
Agreement (including his/her proportionate share of taxes
levied by concerned local authority and other outgoings) and
on the allottee committing three defaults of pay'rnent of
instalments, the Promoter shall at his own option, may
terminate this Agreement:
        Provided that, Promoter shall give notice of fifteen
days in writing to the Attottee, by Registered Post AD at the
address provided by the allottee and mail at the e mail
address provided by the Allottee, of his intention to
terminate this Agreement and of the specific breach or
breaches of terms and conditions in respect of which it is
intended to terminate the Agreement. If the Allottee fails to
rectify the breach or breaches mentioned by the promoter
within the period of notice then at the end of such notice
period, promoter shall be entitled to terminate this
Agreement.
        Provided further that upon termination oI this
Agreement as aforesaid, the Promoter shall refund to the
Allottee (subject to adjustment and recovery of any agreed
liquidated damages or any other amount which may be
payable to Promoter) within a period of thirty days of the
termination, the instalments of sale consideration of the
Apartment which may till then have been paid by the Allottee
to the Promoter.
5. The fixtures and fittings with regard to the flooring and
sanitary 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. The Promoter shall give possession of the Row
House/Apartment to the Allottee on or before................. day
of ..............2O_. If the Promoter fails or neglects to give
possession of the Row House/Apartment to the Allottee on
                                 8

  account of reasons beyond his control and of his agents by
  the aforesaid date then the promoter shall be llable oi
  demand to refund to the Allottee the amounts alreadv
  received by him in respect of the Apartment with interest a't
  the same rate as may mentioned in the clause 4.1 herein
  above from the date the promoter received the sum till the
  date tlle amounts and interest thereon is repaid.
          Provided that the promoter shali be entitled to
 reasonable extension of time for giving delivery of Apartment
 on the aforesaid date, if the completion of buildingin which
  the Apartment is to be situated is delayed on              of _
 (i) war, civil commotion or act of God         ^""o.,_r-r,t
                                        ;
 (ii)any notice, order, rule, notilication of the Government
 and/or other public or competent authority/court.
 7- 1 Procedure for taking poasession _ Tire promoter,
                                                               upon
 obtaining the occupancy certificate from the compeient
 autlority and the payment made by the Allottee as pir the
 agreement shall offer in writing the possession of the
 lApartment/Row House], to the Allottee in terms of this
 Agreement to be taken within 3 (three months from the date
 of issue of such noLice ald the promorer shall give
 possession of the [Apartment/Row House] to the Allotiee.
 The Promoter agrees and undertakes 6 indemnifu the
 Allottee in case of failure of fulfilment of any of the
 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. The promoter on its behalf
 shall offer the possession to the Altottee in wrlting within 7
days of receiving the occupanry certificate of the piojecr.
7.2 The Allotree shall take possession of the Row House/
Apartment within 15 days of the written notice lrom the
promotor to the Allottee intimating that the said Apartments
are ready for use and occupancy:
7.3 Fallure of Allottee to take possession of
lApartmeat/Plot]: Upon receiving a written intimation from
the Promoter as per clause 8.1, the Allottee shall take
possession of the lApartment/Row House] from the
Promoter by executing necessary indemnities, undertakings
and such other documentation as prescribed in this
Agreement, and the Promoter shall givi possession of the
[Apartment/Row House]l to the allottee. In case t]re Allottee
fails to take possession within the time provided in clause
8.1 such Allottee shall continue to te liable to pay
maintenance charges as applicable.
7.4 If within a period of tive years from the date of handing
over the Apartment to the Allottee, the Allottee brings to thE
notice of the Promoter any structural defect in the
Apartment or the building in which the Apartment are
situated or any defects on account oI workmanship, quality
or provision of service, then, wherever possible suih d-efects
shall be rectihed by tlle promoter at his own cost and in case
it is not possible to rectify such defects, then the Allottee
shall be entitled to receive from the promoter, compensation
for such defect in the manner as provided under the Act,
8. The Allottee shall use the Row House /Apartment or any
part thereof or permit the same to be used   only fo. purpose
of residence for carrying on any industry or
                               9

business.("strike of which is not applicable) He shall use the
garage or parking space only for purpose oI 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 decide and
for this purpose also from time to time sign and execute the
application for registration and/or membership and the
other papers and documents necessary for the formation and
registration of the Society or Association or Limited Company
and for becoming a member, including the byelaws of the
proposed Society and duly fill in, sign and return to the
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 Altottee. No objection
shall be taken by the Allottee if any, changes or
modifications are made in the draft bye-laws, or the
Memorandum and/or Articles oI 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.t       The Promoter shall, withln three moEths of
registraLion of the Society or Association or Limited
Company, as aforesaid, cause to be translerred to the society
or Limited Company all tl]e right, title and the interest oI the
Promoter in the said structure of the Building or wing in
which the said Apartment is situated.
9.2        The Promoter shall, wlthia thtee moEths of
registration of the Federation/apex body of the Societies or
Limited Company, as aforesaid, cause to be transferred to
the Federation/Apex body atl the right, title and the interest
of the Promoter in the project land on which the Row
Houses building.
9.3 Within 15 days after notice in writing is given by the
Promoter to the Allottee that the Row House /Apartment is
ready for use and occupancy, the Allottee shall be liable to
bear and pay the proportionate share (i.e. in proportion 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 Compaay 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
Rs. ......... per tuonth 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/assignment of lease of the structure of the
building or wing is executed in favour of the society or a
limited company as aforesaid. On such
                                    10

 conveyance/assignment of lease being executed for the
 structure of the building or wing the aforesaid deposits (less
 deduction provided for in this Agreement) shall bi paid over
 b;r the Promoter to the Sociery or the Limited Company, as
 the case mav he
  10. .lhe Allottee shall on or before delivery of possession of
 th_e said premises keep deposited with ihe Fromoter, the
 following amounts :-
 (i) Rs. ..................,,. for share money, application entrance
 fee of the Society or Limited Company/Federation/ Apex
 body.
 (ii) Rs. ...,............... for formation and registration of the
 Society or Limited Company/Federation/ Apex body.
 (iii) Rs. ...................... for proportionate share of taxes and
 other charges/levies in respect of the Sociery or Limited
 Company/ Federation/Apex body
 (iv) R;. ..,...............for deposit towards provisional monthly
 contribution towards outgoings of Society or Limitei
 Company/Federation/ Apex body.
 (v) Rs. ...........-...... For Deposit towards Water, Electric, and
 other utility and services connection charges &

 !"i)- !". :. . .  ....for deposits of electrical receiving and
 Sub Station provided in Layout

 11. The Allottee shall pay to the promoter a sum of Rs.
 :...._..,,_........
                     for meeting all legal costs, charges and expensesr
including prolessional costs of tt                          Attorney_at_
Law/Advocates of the Promoter in connection" with form;tion
of the said Society, or Limited Company, or Apex Body or
Federation and for preparing its rules, regulations and 6ye_
laws and t}te cost of preparing and engrossing [he
conveyance or assignment of lease.
13. REPRESENTATIONS AND WARRANTIDS OF THE
PROMOTER
The Promoter hereby represents and warrants to the Altottee
as follows:
i.    The Promoter has clear and marketable title with
        _to the project land; as declared in the title report
respect
annexed to this agreement and has the requisite rights to
carry out development upon the project land and aGo has
 actual, physical altd legal possession of the project land for
 the implementation oI the Project;
 ii. The Promoter has lawful rights and requisite approvals
 from the competent Authorities to carry oui develoiment of
 the Project and shall obtain requisite approvals from time to
 time to complete the development of the project;
iii. There are no encumbrances upon the project land or the
Project except those disclosed in the title repoit;
iv.
with_ There  are no litigations pending befora any Court oflaw
       respect to the project land or project except those
disclosed in the title report;
v. A1l approvals, licenses and permits issued bv the
com.perent authorilies with respect to Lhe project. projecr
land and said buitding/wing are valid and subslsling and
have been obtained by following due process of law. Fur-ther.
                              11

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 oI law and the Promoter has been and shall, at
all times, remain to be in compliance with all applicable laws
in relation to the Project, project land, Building/wing and
common areas;
vi. The Promoter has the right to enter into this Agreement
and has not committed or omitted to perform any act or
thing, whereby the right, titte and interest oI 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/ Plot] which will, in any manner, alfect 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
lApartment/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 the association oI allottees the Promoter shall
handover lav{ul, vacant, peaceful, physical possession of the
common areas of the Structure to the Associatioo of the
Allottees;
x.       The Promoter has duly paid and shall continue to pay
and discharge undisputed governmental dues, rates, charges
and taxes and other monies, levies, impositions, premiums,
damages and/or penalties and other outgoings, whatsoever,
payable with respect to the said project to the competent
Authoritie s;
xi. No notice from the Government or any other local body or
authority or any legislative enactment, government
ordinance, order, notification (including any notice for
acquisition or requisition of the said property) has been
received or served upon the Promoter in respect o[ 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 tlle Apartment may
come, hereby 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 oI the Apartment is taken and shall not do or
suffer to be done any*ring 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 addiLion in
or to the building in which the Apartment is situated and the
Apartment itself or any part thereof without the consent oI
the local authorities, if required.
ii.      Not to store in the Apartment any goods which are of
hazardous, combustible or dangerous nature or are so hea\,y
as to damage the construction or structure of the building in
which the Apartment is situated or storing of which goods is
objected to by the concemed local or other authority and
shall take care while carrying hea\,y packages which may
damage or likely to damage the staircases, common passages
                                t2
   or any other structure of the building in which the
   Apartment is situated, including entrances of the building in
   which the Apartment is situated and in case any damage is
   caused to the building in which the Apartment is situated or
   the Apartment on account of negligence or default of the
   Allottee in this behalf, tle Allottee shatl be liable for the
   consequences of the breach.
   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 bv the
   Promoter to the Allottee and shall not do or suffer to be"done
   anything in or to the building in which the Apartment is
   situated or the Apartment which may be contrary to the
   rules and regulations and bye-laws of the concerned local
   authorify or other public authority. tn the event of the
  Allottee committing any act in contravention of the above
   provision, the Allottee shall be responsible and liable for the
   consequences tlereof to the concerned local authorily
   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 any
  alteration in the elevation and outside colour scheme of the
  building in which the Apartment is situated and shall keep
  the portion, sewers, drains and pipes in the Apartment and
  the appurtenances thereto in good tenantable repair and
  condition, and in particular, so as to support shelter and
  protect t}Ie other parts of ttre buitding in which the
 Apartment is situated and shall not chisel or in any other
  manner cause damage to columns, beams, walls, slabs or
  RCC, Pardis or other structural members in the 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 situatod 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 situated.
 vii. Pay to the Promoter within lilteea days of demand by
 the Promoter, his share of security deposit demanded by tJli
 concerned local authority or Government or giving water,
 electricity or any other service connection to th; building in
which the Apartment is situated.
viii. To bear and pay increase in local taxes, water charges,
insurance and such other levies, if any, which are impoied
by the concerned local authority and/or Govemment and/or
other public authority, on account of change of user of ihe
Apartment by the Allottee for any purposes 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 arld perform all the rules and
regulations which the Society or the Limited Company or
Apex Body or Federation may adopt at its inception and the
additions, alterations or amendments thereof that may be
made from time to time for protection and maintenance ol
the said building and the Apartments therein and for the
observance and performance of the Building Rules,
 Regulations and Bye-laws for the time being of the concerned
 local authority and of Government and other public bodies.
The Allottee shall also observe and perform all the
 stipulations and conditions laid down by the Society/Limited
 Company/Apex Body/Federation regarding the occupancy
 and use of the Apartment in the Building and shatl pay and
 contribute regularly and punctually towards the taxes,
 expenses or other out-goings in accordance with the terms of
 this Agreement.
xi. Till a conveyance of the structure of the building in which
Apartment is sifuated 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
ald 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 surveyors and agents, with or without
workmen and others, at all reasonable times, to enter into
and upon the project land or any part thereof to view and
examine the state and condition thereof.
 15. The 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 t}Ie promotion of the Co-operative Society or
association or Company or towards the out goings, legal
charges and shall utilize the amounts only for the purposes
for which they have been received.
 16. Nothing contained in this Agreement is intended to be
nor shall be construed as a grant, demise or assignment in
law, of the said Apartments or of the said Plot and Building
or any part thereol 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 ol the
building is transferred to the Society/Limited Company or
other body and until the project land is transferred to the
Apex Body /Federation ashereinbefore 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 *tApartment/l 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 a-ffect
                                14

  the right and interest of the Allottee who has taken or agreed
  to take such [Apartment/ plot] .
  18. BINDING EFFECT
         Forwarding this Agreement to the Allottee by the
  Promoter does not create a binding obligation on the part of
  the Promoter or the Allottee until, hrstly, the Allottee signs
  and delivers this Agreement with atl 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 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 lrom the
 date of its receipt by the Allottee ald/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 rectjfying the default, which if not rectified within
  15 (fifteen) days from the date of its receipt by the Allottee,
 application of the Atlottee 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 ally interest or compensation whatsoever.
  19. ENTIRE AGREEMENT
        This Agreement, along with its schedules and
 annexures, constitutes the entire Agreement between the
 Parties with respect to the subject matter hereof and
 supersedes any and all understandings, any other
 agreements, allotment letter, correspondences, arTangements
 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 the Parties.
 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO
ALLOTTEE / SUBSEQUENT ATLOTTEES
          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/Ptot], in case of
a transfer, as the said obligations go along with the
[Apartment/Plot] Ior all intents and purposes.
22. SEVERABILITY
         If any provision of this Agreement shall be determined
to be void or unenforceable under the Act or the Rules and
Regulations made thereunder or under other applicable
laws, such provisions of the Agreement shall be deemed
amended or deleted in so far as reasonably inconsistent with
the purpose of this Agreement and to the extent necessarJr to
conform to Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, ald
the remaining provisions of this Agreement shall remain
valid and enforceable as applicable at the time of execution
of this Agreement.
                              15

23.METHOD OF CALCULATION OF PROPORTIONATE
SHARE WHEREVER REFERRED TO IN THE AGREEMENT
       Wherever in this Agreement it is stipulated that the
Allottee has to make any pajment, in common with other
Allottee(s) in Project, the same shall be in proportion to the
carpet area of the [Apartment/Row Houae ] to the total
carpet area of all the lApartments/ Row House] in the
Project.
24. FURTHER ASSURANCES
        Both Parties agree that they shall execute,
acknowledge and deliver to the other such instruments and
take such other actions, in additions to the instruments and
actions specifically provided for herein, as may be reasonably
required in order to effectuate the provisions of this
Agreement or of any transaction contemplated herein or to
confirm or perfect any right to be created or transferred
hereunder or pursuant to any such transaction.
25. PLACE OF EXECUTION
         The execution of this Agreement shall be complete
only upon its execution by the Promoter through its
authorized signatory at the Promoter's Office, or at some
otJler place, which may be mutually agreed between the
Promoter and the Allottee, in ITASHIK after the Agreement is
duly executed by the Allottee and the Promoter or
simultaneously with the execution the said Agreement shall
be registered at the office oI Lhe Sub-Registrar. H€nce 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
the proper registration office of registration within the time
limit prescribed by the Registration Act and the Promoter will
attend such offrce and admit execution thereol
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 aad notified Email
ID/Under Certificate of Posting at their respective addresses
specified below:
                    Name of Allottee
                      (Allottee's Address)
Notihed Email ID:

M/ s.                        Promoter name
                         (Promoter Address)
Notihed Email ID:
      It shatl be the duty oI t}Ie 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 faiting which all communications and letters
posted at the above address shall be deemed to have been
received by the promoter or the Altottee, as the case may be,
28. JOINT ALLOTTEES
       That in case there are Joint Allottees all
communications shall be sent by the Promoter to the Allottee
whose name appears ltrst and at the address given by
him/her which shall for all intents and purposes to consider
as properly served on a1l the Allottees.
                               16

 29. StaEp Duty aud Registratiou :- The charges towards
 stamp duty and Regisbation of this Agreeme;t shall be
 borne by the allottee.
 3O. 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
 Authority as per the provisions oI the Real O"t^t" 1n"g"t"ti*
 arrd Development) Act, 2016, Rules and RLgjations,
 thereunder.
 3I. GOVERNING LAU/
          That the rights and obligations of the parties under
  or arising out of this Agreement shall be construed and
  enforced in accordance witi the laws of India for the time
  being in force and the NASHIK courts will have the
 jurisdiction for this Agreement
            SCHEDULE. I OF THE SAID PROPERTY
                   REFERRED TO ABOVE
 All that piece and parcel oI land bearing Survey No. 8/28
 Plot No.19 20 2t 22 29 TOTAL admeasuring iOZf.SO
 mtrs. lying and being at Makhmalabad within the limits"q.
                                                        ;f
 Nashik Municipat Corporation, Nashik, and Registration and
 Sub-Registration District of Nashik, Taluka arld Dist i"t of
 Nashik, which is bounded as shown below :
                         PIot No.19
   On or towards East         :Plot No. 28
   On or towards West        :7.5 Mtrs wide Road
   On or towards South       :Plot No.20
   On or towards North       :Open Space
                         PIot No.2O
   On or towards East        ;Plot No. 27
   On or towards West        :7.5 Mtrs wide Road
   On or towards South       ;Plot No.21
   On or towards North       : Plot No.19
                         Plot [o.21
   On or towards East       :Plot No. 26
   On or towards West       :7.5 Mtrs wide Road
   On or towards South      :Plot No.22
   On or towards North      : Plot No.20
                         Plot No,22
   On or towards East       :Plot No. 25
   On or towards West       :7.5 Mtrs wide Road
   On or towards South      :Plot No.23
   On or towards North     : Plot No.21
                        Plot No.23
   On or towards East      :Plot No. 24
  On or towards West       :7.5 Mtrs wide Road
  On or towards South      : 7.5 Mtrs wide Road
  On or towards North      : Plot No.22
                     -II
                 REFERRED TO ABOVE
The premises of Row Houses t"ari.rg frfo_naving Carpet
area --           sq.mtrs. on Ground+ first floor in
'ASSIRtrrN) ROW HOUSES" which is constructing on plots
described in Schedule I above Land          "
                                   "r""
The said Row houses is bounded as under       "q.*tr".
   On or towards East :
   On or towards West :
                             17

     On or towards South
     On or towards North

IN WITNESS WHEREOF parties hereinabove named have set
their respective hands and signed this Agreement for sale at
NASHIK in the presence of attesting witness, signing as
such on the day first above written.

SIGNED AI{D DELTVERED                       I
BY THE WITHIN NAMED                         I
Promoter:                                    ]
VISHWAI{ARMA BUILDWEL CONSTRUCTION I
THROUGH ITS PARTNERS             I
I.MR.VTSHWAKARMABHrLASHARDUL l------------
                                            I
                                            I
2. MR. AMOL SUBHASH GAWALI                  t------------
SIGNED AND DELTVERED
BY THE UIITHIN NAMED
Allottee :
MR.                                         t----------
SIGNED AND DELTVERED              I
BY THE VIITHIN NAMED              I
Confirming Party                  l
l.MR. DASARATH MADHUI(AR KASMIRE I
2. MR. SHAM MADHUKAR KASMIRE       I
THROUGH ITS G.P.A. HOLDER         I
vIsHurAxARMA BUILDWEL CONSTRUCTION I
THROUGH ITS PARTNERS              I
I.MR.VISHV/AKARMA BHILA SHARDUL             l-----------
                                  I
                                  I
2. MR. AMOL SUBHASH GAWALI        t----------------

            IN THE PRESENCE OF UIITNESSES:

1.                             2.

Name                       Name