Zone : 25.8 Rate : Rs.25,300/- per sq.mtr. Govt. Value : Rs. /- Agreement Price : Rs. /- Stamp : Rs. /- Regist. fees. : Rs. Agreement to Sale Model Form of RERA This Agreement is made at Nashik this day of in the year 2017. BETWEEN TABEER PROPERTIES, A Partnership Firm Through its Partners PAN No. AAIFT 2243A 1. Mr. Chaudhary Gulam-Mustafa Tabeerali Age: 37, Occ: Business 2. Mr. Chaudhary Shaida-Husain Tabeerali Age: 36, Occ: Business 3. Mr. Chaudhary Gulam-Hussain Tabeerali Age: 34, Occ: Business 4. Mr. Chaudhary Adnan Tasadduq-Husain Age: 27, Occ: Business Add. Shop No.2, Sunshine Residency-B, Pakhal Road, Nashik-422006. Hereinafter referred to as "The Promoter" of the One Part AND Mr. Age : , Occupation : Pan No. Address: Hereinafter referred to as "The Allottee" of the Other Part. AND WHEREAS Survey No.6/4/2 to 6/4/9 admeasuring ----- sq.mtrs. land was owned by Mr. Chagan Punja Wagh and 8 others. The said land owners has converted said land to non-agricultural residential purpose under section 44 of Maharashtra Land Revenue Code as per order of Collector of Nashik on 24/01/2002 vide outward No. Mah/Kash- 3/4/N.A.L.No./4/238/2001. AND WHEREAS the said land owners have prepaid the layout of Survey No. 6/4/2 to 6/4/9 and same has been sanctioned by the Nashik Municipal Corporation on 06/08/2002 vide outward No.Town planning /Final/Nashik /27. 1 AND WHEREAS Plot No 27 out of survey no. 6/4/2 to 6/4/9 admeasuring area 308 sq mtrs. of Village of wadala was owned by Mr. Chagan Punja Wagh and 8 others. Mrs. Afsana Dayyan Khan and Mrs. Taksirul Kuddus Khan had purchased said plot No.27 from Mr. Chagan Punja Wagh and 8 others as per sale deed dt. 24/05/2006 and said sale deed is duly registered with the Sub- registrar, Nashik-3 at Serial No. 3054/2006 on 25/05/2006. As per sale deed dt.24/05/2006 name of Mrs. Afsana Dayyan Khan and Mrs. Taksirul Kuddus Khan is recorded in record of rights of the said plot property as per Mutation Entry 7810 in the year 2006. AND WHEREAS as per the sale deed dt. 24/05/2006 Mrs. Afsana Dayyan Khan had undivided area 141 sq. Mtrs. and Mrs. Taksirul Kuddus Khan having undivided area 167 sq. Mtrs. out of total plot area 308 sq. Mtrs. AND WHEREAS Mrs. Taksirul Kuddus Khan had gifted her undivided area 167 sq. Mtrs. to his son Mr. Shoeb Kuddus Khan as per Gift Deed dt. 22/04/2015 and said Gift Deed is duly registered with the Sub- registrar, Nashik -3 at serial No. 2512/2015. Name of Mr. Shoeb Kuddus Khan is recorded in the record of rights said plot at Mutation Entry no. 13881. AND WHEREAS the Promoter has purchased undivided area admeasuring 141 sq. Mtrs. from Mrs. Afsana Khan as per Sale Deed dt. 20/04/2015 and said Sale Deed duly Sub- registrar, Nashik -3 on 07/05/2015 at serial No. 2771/2015 more particularly described in the first schedule hereunder written (hereinafter referred to as "the project land"). As per the Sale Deed dt. 20/04/2015 name of Builder is recorded in the record of rights of the said plot property as per Mutation Entry no.13919. AND WHEREAS the Promotor has purchased undivided area admeasuring 167 sq. Mtrs. from Mr. Shoeb Kuddus Khan as per Sale Deed dt. 07/05/2015 and said Sale Deed duly Sub- registrar, Nashik -3 on 07/05/2015 at serial No. 2762/2015 more particularly described in the first schedule hereunder written (hereinafter referred to as "the project land"). As per the Sale Deed dt. 07/05/2015 name of Builder is recorded in the record of rights of the said plot property as per Mutation Entry no. 13919. AND WHEREAS the Promotor has purchased TDR about 123 sq mtrs. on 13/05/2015 from Mrs. Vaishali Shivaji Sahane and other four and said deed is registered with Sub Registrar, Nashik -1 on 13/05/2015 at Sr. No. 4271/2015. AND WHEREAS the Promoter has prepared a Residential building plan which is approved by the Nashik Municipal Corporation under commencement certificate No.LND/BP/A4/80/899. dt. 04/07/2015 & as per the building plan the Promoter has commenced the construction on the said property and proposes to construct a building consisting of Parking on 2 ground floor + 04 upper floor having 11 independent residencial premises, hereinafter referred to as the SAID BUILDING. AND WHEREAS the Builder is a partnership firm and when the said plot was purchased on 07/05/2015 at that time Mr. Chaudhary Gulammustufa Tabirali, Mr. Chaudhary Shaidahusain Tabirali, Mr. Chaudhary Gulamhusain Tabirali and Mr. Chaudhary Farhan Tasaddquehusain was the partners of partnership firm namely Tabir Properties. As per retirement cum admission partnership deed dt.28/01/2017 Mr. Chaudhary Farhan Tasaddqhusain has retired from the partnership firm and Mr. Chaudhary Adnan Tasadquehusain is admitted as a new partner in the Builder partnership firm. AND WHEREAS the Promoter is entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Promoter/Lessor/Original Owner/Promoter is in possessions of the project land. AND WHEREAS the Promoter has proposed to construct on the project land having parking on ground floor + 04 upper floor. AND WHEREAS the Allottee is offered an Apartment bearing No.-- ---- on the -------- Floor, (herein after referred to as the said "Apartment") in the building called "Royal Palm" (herein after referred to as the said "Building") by the Promoter. AND WHEREAS the Promoter has entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the agreement prescribed by the council of Architects; AND WHEREAS the Promoter has registered the project under the provisions of the Act with the Real Estate Regulatory Authority at---------- no.-----------------; authenticated copy is attached in Annexure 'F'. AND WHEREAS the Promoter has appointed Mr. M.G. Mansuri as Architect and Mrs. Shobha Soundhankar as the R.C.C. and structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the above sale deed the Promoter has sole and exclusive right to sell the apartments in the said buildings/s to be constructed by the Promoter on the project land and to enter into agreement/s with the allottee (s)/s of the apartments to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the 3 project land and the plan, designs and specifications prepared by the Promoter's Architects Mr. M.G. Mansuri and or 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 attorney at law or advocate of the Promoter, authenticated copies of extract of village forms VI, VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure A & B respectively. AND WHEREAS the authenticated copies of the plan 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 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 specifications of the apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D. AND 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 Completion 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 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 Apartment/Flat No.----- on ------ Floor in constructed in the "Royal palm" project/ building. 4 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 balcony appurtenant to the said apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. AND WHEREAS the Parties relying of the confirmations, representations and assurance of each other to faithfully abide by all the terms, conditions and stipulation 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 payment of the sale consideration of the apartment agreed to be sold by the Promoter to the Allottee as advance payment or application fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. 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 under the Registration Act, 1908. In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and between the parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment /Flat. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building/s consisting of Parking on the Ground Floor and four upper floor having 11 independent residential premises on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. 5 Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the apartment of Allottee except any alteration or addition required by any Government authorities or due to change in law. 1.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment/Flat No.------, carpet area of flat admeasuring ---- sq.mtrs., cupboard area ------- sq.mtrs. and balcony ---------- sq.mtrs. terrace area ------ sq.mtrs. on -------- Floor in the building (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.------- ---/- included being 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 annexed herewith. The price of the Apartment is including the proportionate price of the common areas and facilities and parking spaces is provided free of cost therefore price of parking is not separately shown. (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee common parking spaces therefore its layout is not attached to this presents. 1(b) The total aggregate consideration amount for the apartment including parking spaces is thus Rs.-------------/- 1(c) The construction of the building is completed upto ------------%. The Allottee has paid on or before execution of this agreement a sum of Rs.-------------/- (Rupees -----------------------only) as per following manner: a. Rs.----------/- ( Rupees --------------- Only) by Cheque no.--------- dt. --------- of ------- Bank. PAYMENT SCHEDULE PARTICULARS PERCENT AMOUNT (in AGE Rs.) On or before execution of agreement 10 % Within 2 weeks after the execution of Agreement 15 % On completion of the Plinth of the building 15 % On Completion of 1st Slab 5% On Completion of 2nd Slab 5% On Completion of 3rd Slab 5% On Completion of 4th Slab 5% 6 On Completion of 5th Slab 5% On completion of the walls, internal plaster, 5% floorings On completion of the Sanitary fittings, staircases, 5% lift wells, lobbies upto the floor level, doors and windows of the said Apartment. On completion of the external plumbing and 10 % external finishing, elevation, terraces with waterproofing, of the building On completion of the lifts ,water pumps, electrical 10 % fittings, electro, mechanical and environment requirements, entrance lobby/s, paving of appertainanat land At the time of handing over of the possession of the 5% Apartment to the Allottee on or after receipt of completion certificate, whichever is earlier 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, GST 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 possession of the Apartment/Flat. 1(e) The total price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority local bodies/government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to be applicable on subsequent payments. 1(f) 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 @10% 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 subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 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 present. The total price payable for the reduction in the carpet area within the defined limit 7 then Promoter 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 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. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(h) The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head (s) of dues against lawful outstanding if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments 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 sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 2.2 This is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment/Flat to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the 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. 3. The Promoter hereby declares that the floor space index available as on date in respect of the project land is 1:1 + TDR purchased by the Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the Apartment/Flat to the Allottee, 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, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed 8 payment which become due and payable by the Allottee to the Promoter under the terms of this agreement from the date the said amount is payable by the allottee (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 committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee committing three defaults of payment 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 Allottee, by registered post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the agreement. If 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. Time is the essence of this agreement. The Allottee shall pay the balance consideration and other payments strictly on the due date at any cost. In the event of the Allottee failing to make payment on the due date then the Promoter after due notice shall be entitled to terminate this agreement and forfeit Rs.1,00,000/- out of the amounts received hereunder as liquidated damages. The Promoter shall be entitled to deal with and dispose of the premises thereafter to third parties, and the Allottee shall have no right to object in any manner. However, the Promoter have option to continue the said transaction but in that case the Allottee shall pay the interest for the delayed period @ 18% p.a. till the time the payment is made. The Promoter is not liable to give any intimation or notice of the instalments becoming due even oral / telephonic demand is sufficient. In addition to the Allottee/s liability to pay interest as mentioned hereinabove, the Allottee/ shall also be liable to pay and reimburse to the Promoter, all the costs, charges and expenses whatsoever, which are borne, paid and/or incurred by the Promoter for the purpose of enforcing payment of and recovering from the Allottee/s any amount/s or due/s whatsoever payable by the Promoter under this Agreement. 9 The Allottee is no entitled to receive refund of amount paid by the Allottee to the Promoter towards service tax, vat, GST or any other taxes or cesses, stamp duty, registration charges and advocate fee etc. Provided further that upon termination of this agreement as aforeside, the Promoter shall refund the amount without interest 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 complete the rest construction within ---------- months from this agreement and shall give possession of the apartment to the Allottee on or before ---------- month from this agreement by taking completion certificate subject to the issuance of completion certificate by the Nashik Municipal Corporation. If the Promoter fails or neglects to give possession of the apartment to the Allottee on account of reasons beyond his control and of his agents by the aforeside date then the Promoter 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 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of apartment on the aforeside 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) Completion certificate is not issued by the NMC. 7.1 Procedure for taking possession – The Promoter, 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/Flat, to the Allottee in terms of this 10 agreement to be taken within 3 three months from the date of issue of such notice and the Promoter shall give possession of the Apartment/Flat to the Allottee. The Promoter 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. 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 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 intimating that the said apartments are ready for use and occupance: 7.3 Failure of Allottee to take Possession of Apartment/Flat: Upon receiving a written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the Apartment/Flat from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement, and the Promoter shall give possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable from the date of completion certificate. 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 any structural defect in the apartment or the building in which the apartment are situated or any defects on defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Whereas defect liability for the period of 5 years from the date of receiving possession of the said flat is limited only to Structural Work, Waterproofing work, Brickwork and Plaster work and the same shall be rectified by the Developer at its own cost. However the rectification cost in respect of cracks emerged due to Climatic Changes and variations in temperatures shall be borne by the Purchaser/s herein. The Purchaser/s shall not ask for any compensation in respect of expenses borne by him/her/them regarding the cracks emerged due to Climatic Change and variations in temperatures. The services provided by the Developer such as lift, pumps, C.P. Fittings, Hardware Fittings, Sliding Windows, Electrical Fittings, water pumps, Battery Inverter, etc. will have the 11 guarantee and warranty as per the terms and conditions of the respective manufacturers/agencies which is/are providing such services to the Developers. Whereas the Granite Stone Frames for toilets doors, dry terrace doors, windows, kitchen otta etc. provided by the Developers herein may have shade variation and the Developer herein shall not be responsible for the same and as well as for Paint as it may fade in due course of time. Whereas, it is specifically understood by the Purchaser/s that certain facilities such as are provided free of charge by the Developer to the Flat Purchaser/s, wherein any defect with respect to such facilities shall not be rectified by the Developer and hence Developer is not in any way responsible for damage of the same. Disclosure regarding manufacturer’s warranty: The Developer specifically discloses that, the manufacturers of certain appliances, equipments, standard fittings, machineries , electric pumps, lifts, Gas line if any, security equipments if any, electronic equipments if any, Solar System if any, Gym equipments if any, etc will be as per the warranty provided by the respective manufacturer / Supplier. The only warranty on those items is of the manufacturer’s warranty and the Developer is in no way responsible for their performance or for any condition beyond the manufacturer’s warranty. The Developer herein by spending huge amount providing high quality specifications in the Said Flat and for the buildings which are under construction on the Said Land which Developer herein are constructing, hence Purchaser/s / unauthorised persons/ any agency shall not disturb the same under any circumstances concealed plumbing, concealed wiring etc. and considering this aspect and have the safety measures Purchaser/ss are advised not to open this instrument or to try any changes with all these amenities otherwise guarantee / warranty may lapse as well as durability and stability of the building as to the R.C.C. frame work, concealed wiring load, neither Purchaser/s nor occupier of the Said Flat or any person on behalf of them is entitled to chisel such internal walls in any manner or remove the walls or any part thereof or erect any additional wall or any structural changes or in any manner increase the electrical load in the Said Flat because wires will not take additional load and such act will be amount to be breach of condition of this transaction. Similarly after completion of the project and conveyance in the name of Ultimate Organization, such Ultimate Organization will have absolute authority to expel the member for the Said Flat and dispose of such Flat in market and refund the amount paid by the 12 Purchaser/s to the Developer herein being consideration of the Said Flat. This condition is the essence of contract and Purchaser/s herein undertakes to abide the same. The word defect herein above stated shall mean only the manufacturing defects caused on account of wilful neglect of the Developer themselves and shall not mean defects caused by normal wear and tear, negligent use of the said Flat or the building/s by the Purchaser/s, abnormal fluctuations in the temperatures, abnormal heavy rains, damages from natural calamity etc. Provided further that the Purchaser/s shall not carry out alterations of whatsoever nature in the said Flat or in the fittings therein, in particular. It is hereby agreed that the Purchaser/s shall not make any alterations in any of the fittings, pipes, water supply connections or any of the erection (including Flooring / Dado) in the Toilets/ Kitchen as this may result in seepage of the water. If any of such work is carried out without the written consent of the Developer, the defect liability shall become void. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Purchaser/s, such defect shall have to be certified by a Registered Consulting Engineer / Professional competent to determine the problem and then shall submit a report to state the defects in materials used, in the structure built of the Flat/phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 8. The Allottee shall use the apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the parking space only for purpose of keeping or parking their own 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 bye-laws of the proposed Society and duty fill in, sign and return to the Promoter within seven 13 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 Memorandum 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 transferred to the society or limited company all the right, title and the interest of the Promoter/Lessor/Original Owner/Promoter and/or the owners in the said structure of the building or wing in which the said apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of 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 Promoter/Lessor/Original Owner/Promoter and /or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to 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 Rs.1,000/- 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/assignment of lease 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. 14 10. The Allottee shall contribute and pay following amount to the Society or Limited Company/Federation/Apex body details of which under:- i) share money, application entrance fee of the Society or Limited Company/Federation/Apex body. ii) formation and registration of the Society or Limited Company/Federation/Apex body. iii) Proportionate share of taxes and other charges/ levies in respect of the Society or Limited Company/Federation/Apex body. iv) Deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/Apex body. v) Rs.--------------/- for deposit towards water, Electric and other utility and services connection charges 11. The Allottee shall pay to the Promoter a sum of Rs.----------/-for meeting all legal costs, charges and expenses including professional costs of the attorney at Law/Advocates of the Promoter in connection with formation of the said Society or limited company 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 or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees share of stamp duty and registration charges payable, by the said society or limited company on such conveyance 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 registration of conveyance or lease of the project land, the Allottee shall pay to the Promoter, 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 15 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 development of the project; iii) There are no encumbrances upon the project 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 competent authorities with respect to the project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, project land, building/wing and common areas; 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/Flat which will, in any manner, affect the rights of Allottee under this agreement; viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this agreement; ix) At the time of execution of the conveyance deed of the structure to the association of allottees the promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the association of the Allottees; 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 authorities; 16 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 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 covenants with the Promoter as follows:- i) To maintain the apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the 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 hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the apartment is situated including entrances of the building in which the apartment is situated and in case any damage is caused to the building in which the apartment is situated or the apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iii) To carry out at his own cost all internal repairs to the said apartment and maintain the apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the apartment is situated or the apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. 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 17 alteration of whatever nature in or to the apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the apartment is situated and shall keep the portion, sewers, drains and pipes in the apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls slabs or RCC, 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 apartment is situated. vi) 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 apart is situated. vii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the apartment by the Allottee for any purposes other than for purpose for which it is sold. viii) 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. ix) The Allottee shall observe and 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 of the said building and the apartments therein and for the observance and performance of the building Rules, Regulations and Bye-laws for the time being of the concerned 18 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 towards the taxes, expenses or other out-goings in accordance with the terms of this agreement. x) 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. xi) 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 the 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 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 other body and until the project land is transferred to the Apex Body/Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE 19 After the Promoter executes this agreement he shall not mortgage or create a charge on the Apartment/Flat 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/Flat. 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, firstly, the Allottee signs and delivers this agreement with al he schedules along with the payments due as stipulated in the payment plan 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 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, arrangements 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 ALLOTTEES It is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the project shall equally be applicable to and enforceable against any subsequent Allottees of the Apartment/Flat, in case of a transfer, as the said obligations go along with Apartment/Flat for all intents and purposes. 20 22. SEVERABILITY If any provision of this agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulation made thereunder or under 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 of this agreement shall remain valid and enforceable as applicable at the time of execution of this agreement. 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 payment, in common with other Allottee(s) in project, the same shall be in proportion to the carpet area of the Apartment/Flat to the total carpet area of all the Apartment/Flat 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 other place, which may be mutually agreed between the promoter and the Allottee, in one months after the agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said agreement shall be registered at the office of the Sub-registrar. Hence this agreement shall be deemed to have been executed at 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 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 21 served if sent to the Allottee or the Promoter by registered post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Promoter Name TABEER PROPERTIES, A Partnership Firm Through its Partners 1. Mr. Chaudhary Gulam-Mustafa Tabeerali 2. Mr. Chaudhary Shaida-Husain Tabeerali 3. Mr. Chaudhary Gulam-Hussain Tabeerali 4. Mr. Chaudhary Adnan Tasadduq-Husain Add. Shop No.2, Sunshine Residency-B, Pakhal Road, Nashik-422006. (Promoter's Address) Notified Email ID: ______________ Name of Allottee (Allottee's Address) Notified Email ID: 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 Agreement in the above address by registered post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are joint Allottee all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 22 29. Stamp Duty and Registration:- The charges towards stamp duty and Registration of this agreement shall be borne by the Allottee. 30. Dispute Resolution:- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. GOVERNING LAW That the rights and obligations of the parties under or arising out of this agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Nashik courts will have the jurisdiction for this agreement. 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. First Schedule Above Referred to All that Non Agricultural property situated layout bearing Plot No. 27 from and out of Survey No. 6/4/2 to 6/4/9, admeasuring 308 Sq. Mtrs. its City Survey No. 3214 of Village Wadala, Nashik situated within the limits of Nashik Municipal Corporation bounded as under: On or towards By East : Plot No. 28 & 29 South : Plot No. 32 West : Part of Survey No. 6 North : 6 meter Colony road Second Schedule Above Referred to Here set out the nature, extent and description of common areas and facilities. 1. Staircase 2. Common Passage 3. Common Parking with paver block 4. Common Terrace in brick bat coaba 5. Overhead and underground water tank 6. Lift (04 person) 23 7. Common area for ingress and outgress SCHEDULE 'A' Upon the property more particularly set out in schedule I above construction of a building known in the name and style as "Royal Palm" Apartment from and out of the said building constructed premises situated in the building a Flat / Unit No. ___ admeasuring _____ sq. mtrs. carpet area approximate situated on the _____ Floor, which includes the area of --- - rooms +Hall+ kitchen + balcony and WC bath. The said premises is bounded as per approved building plan constructed on Plot No. 27 from and out of Survey No. 6/4/2 to 6/4/9, admeasuring 308 Sq. Mtrs. its City Survey No. 3214 of Village Wadala, Nashik. All the said premises together with all common amenities, rights of access, easement etc. SCHEDULE 'B' FLOOR PLAN OF THE APARTMENT ANNEXURE – A Name of the Attorney at Law/Advocate, Add: Date: No. RE.: I hereby certified that title of the said property and the said premises is clear, marketable and free from encumbrance. The Schedule Above Referred to (Description of Property) All that Non Agricultural property situated layout bearing Plot No. 27 from and out of Survey No. 6/4/2 to 6/4/9, admeasuring 308 Sq. Mtrs. its City Survey No. 3214 of Village Wadala, Nashik situated within the limits of Nashik Municipal Corporation. Copy of attached to this agreement. Place: Dt. (Signed) Signature of Attorney-at-Law/Advocate ANNEXURE – B 24 Extract Village forms VI or VII and XII showing nature of the title of the Promoter/Lessor/Original Owner/ Promoter to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned local authority) ANNEXURE – C-2 (Authenticated copies of the plans of the layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project) ANNEXURE – D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E AMENITIES STRUCTURE - R. C. C. framed Structure BLOCK WORK - External 125/150 mm. thick, internal 100/125/150 mm thick ( AAC/CLC block & red brick in combination or only AAC/CLC block/red brick) FLOORING - 600mm x 600mm Vitrified / Ceramic tile of Rs. 20 to Rs. 30/- per Sq. ft. in living,bedrooms & kitchen. Glazed tile dado (upto 7’ht) in bathrooms & toilets & upto 4’ht in WC ( Rate Rs. 20 to 30 per sft, sizes ...12”x12”or 12”x18”, or 12”x24”,or 24”x24” ) Ceramic tile flooring. Raised kitchen platform with Granite top & stainless steel sink ( granite rate. Rs. 50 to 70 per sft) and glazed tiled on dado upto 4 ft. ht on platform.( dado tile sizes ...12”x12”or 12”x18”, or 12”x24” Rate Rs. 20 to 30 per sq.ft.). DOORS AND HARDWARE – Main door & bedroom door with plywood framing.Bathroom & balcony door with granite framing.Laminated flush door shutter in maindoor,bedroom & kitchen.PVC door shutter in bathroom & toilet ( Locally manufactured). WINDOWS - Powder coated aluminium sliding windows with glass (3.5mm thk) & mosquito net and safet MS grill (Locally manufactured). INTERNAL FINISH - Neru finish plaster & OBD (Oil Bound Distemper). EXTERNAL FINISH – Sand face plaster & Acrylic paint. 25 ELECTRICAL - Geyser point in bathrooms, TV points in living room,Water purifier & refrigerator point in kitchen, Adequate number of light points, fan points, and plug points, Concealed wiring of reputed brand, good quality modular switches. PLUMBING - PVC/SWR Water pipe of ISI standard for ext plumbing, CPVC/UPVC pipes for internal pipeline in kitchen and bathrooms. C.P. Sanitary fittings - The C.P. Sanitary fittings & fixtures of reputed band. Lift. Four person lift. Received of and from the Allottee above named the sum of Rs. ------ ----/- (Rupees ------------------------------ only) on execution of this agreement towards Earnest Money Deposit or application fee I say received. The Promoter/s IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED HEREUNTO ON THIS DAY, DATE AND YEAR FIRST MENTIONED ABOVE. Tabeer Properties Through its Partner _______________________________ ______________ ____________ 1.Mr. Gulammustafa Tabeerali Chaudhary L.H.T.Impression Photo _______________________________ ______________ ____________ 2. Mr.Shaidahusain Tabeerali Chaudhary L.H.T.Impression Photo _______________________________ ______________ ____________ 3. Mr.Gulamhusain Tabeerali Chaudhary R.H.T.Impression Photo 26 _______________________________ ______________ ____________ 4. Mr. Farhan Tasadduquehusain Chaudhary L.H.T.Impression Photo Promoter Signed, sealed and delivered by the within named Allottee Mr. In the presence of the witnesses 1. _______________________ _________________ 2. _______________________ __________________ 27 Date: ………......... ALLOTTMENT LETTER To, Mr/Mrs. …………………………… Address…………………………... ……………………………………... E-mail address:………………….. Contact no.................................... Dear Sir / Madam, You have shown your interest in purchasing an Apartment (details of Apartment are more particularly described hereinbelow) in our project ‘ROYAL PALM’, situated on the Plot bearing Survey no.6/4/2 to 6/4/9 Final Plot no. 27 of village Wadala taluka Nashik District Nashik PIN-422006. We have accepted your offer on following terms and conditions; APARTMENT DETAIL PRICE OF APARTMENT Rs. APARTMENT No. FLOOR CARPET AREA Sq.mtr. USABLE FLOOR AREA OF ENCLOSED BALCONY Sq.mtr. USABLE FLOOR AREA OF ATTACHED BALCONY Sq.mtr. USABLE FLOOR AREA OF TERRACE Sq.mtr. TOTAL USABLE FLOOR AREA OF APARTMENT Sq.mtr. PAYMENT SCHEDULE PARTICULARS PERCENTAGE AMOUNT (in Rs.) On or before execution of agreement 10 % Within 2 weeks after the execution of Agreement 15 % On completion of the Plinth of the building 15 % On Completion of 1st Slab 5% On Completion of 2nd Slab 5% On Completion of 3rd Slab 5% On Completion of 4th Slab 5% On Completion of 5th Slab 5% On completion of the walls, internal plaster, floorings 5% On completion of the Sanitary fittings, staircases, lift wells, 5% lobbies upto the floor level, doors and windows of the said Apartment. On completion of the external plumbing and external 10 % finishing, elevation, terraces with waterproofing, of the building On completion of the lifts ,water pumps, electrical fittings, 10 % electro, mechanical and environment requirements, 28 entrance lobby/s, paving of appertainanat land At the time of handing over of the possession of the 5% Apartment to the Allottee on or after receipt of completion certificate, whichever is earlier OTHER CHARGES PAYABLE BY ALLOTTEE ON OR BEFORE EXECUTION OF AGREEMENT Stamp Duty- as applicable Registration Charges- as applicable Service Tax - as applicable Vat - as applicable GST- as applicable Miscellaneous registration expenses Legal cost, charges and expenses TERMS AND CONDITIONS: 1) Issuance of this non-transferable Allotment Letter to the Allottee(s) by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee(s) until, firstly, the Allottee signs and delivers the Agreement with all the schedules (Copy attached) along with the payments due as stipulated in the above Payment Plan within 30 (thirty) days from the date of this Allotment Letter; and appears for registration of the Agreement before the concerned Sub- Registrar as and when intimated by the Promoter. This Allotment Letter is not meant or be treated or deemed to be as Agreement as contemplated under provisions of law. 2) If the Allottee(s) fails to execute and deliver to the Promoter Agreement within 30 (thirty) days from the date of this Allotment letter and/or appear before the Sub- Registrar for its registration as and when intimated by the Promoter within the aforesaid 30 days, then the Promoter shall serve a notice to the Allottee by email/ by hand/by Post/by courier on the address given by the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application/Allotment of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount/ token amount shall be returned to the Allottee without any interest or compensation whatsoever. 3) Minimum token amount should be equivalent to 10% of the agreement cost, which shall be retained as interest free bonafide refundable deposit, refundable. 4) Unless agreement is entered into by the applicant, no right of any nature is conferred or intended to be conferred by this Letter on the applicant. 5) All taxes, cess, charges or levies under any concerned statute shall be borne by the Purchaser, over and above price of the Apartment. 6) The Purchaser has received the floor plan & specification, of the said flat at the time of booking and has no confusions what so ever and would not change the option confirmed by us on the date of booking. 29 7) In case of cancellation for any reason what so ever then the amount paid by the Allottee against the said booking shall be returned within 30 days from date of cancellation of booking. I / We have read, understood, accepted and agreed for the above mentioned contents, payment Plan, terms and conditions. Allottee’s Signature:.................................... (PROMOTER) For TABEER PROPERTIES PARTNER (Name of Partner/Authorised Sinatory) 30