AGREEMENT This Agreement made at..........this....... day of.........in the year Two Thousand and -------------. BETWEEN U MR. VASAI{T SHWAII VASI$tl, aged about 64 yrs., (PAN NO. ADzovl146Q). 2) MR" PANIie"t VllSllNT VASAM, aged about 37 yrs., (PANNO. Arr{PPs6r1D. having its Address Butldlng No.4, Ofllce No. 9, l.t floor, rtedlum complor, M. G. Roed, IYathlk-422fi)ll Hereinafter referred to as " THE PROMOTER" of the One Part. AND MR. , aged about -------yrs., Occu.------ R/o.--------------- ---(PAN NO.-----------) Hereinafter referred to as "THE ALLOTTEE" of the Other Part. WHEREAS, the property bearing Plot No. 45, 46 & 47, 48 total admeasuring 852.87 sq.mtrs., out of S. No. 172, situated at Village Nashik, Taluka and District Nashik, within the limits of Nashik Muncipal Corporation, Nashik belonged to the Promoter moreparticularly described in detail in the first schedule hereunder written and hereinafterreferred to as the "THE PROJECT LAND " ; ANDWHEREAS, Plot No. 45 & 46, was IWs Yogeshwar Developers Partnership firm, the Promoter has executed a Conveyance / Sale Deed in favour of his Mr. Vasant Shivaji Vasani, and which is registered in the oflice ofthe Joint Sub-Registrar, Class- II, Nashik-4, at Sr.No. Nasan4-8144-2011 on 10/08/2011 and accordingly Mutation Entry No. 76577 and Plot No. 47 & 48, was M/s Yogeshwar Developers Parfirership firm, the Promoter has executed a Conveyance / Sale Deed in favour ofhis Mr. Pankaj Vasant Vasani, and which is registered in the office of the Joint Sub-Registrar, Class- II, Nashik-4, at Sr.No. Nasan4-8145-2011 on 10/08/2011 and accordingly Mutation Entry No. 76578 came into effect; ANDWHEREAS, the said property has a clear and marketable title freefrom all encumbrances and a Title Certificate certi$ing that, the said property has a clearand marketable title free from all encumbrances has been issued ; ANDWHEREAS, the said property has been converted into Non-Agricultural tenwe under Order of Collector Ofticer, Nashik Division, Nashik bearing No. Mah. Kaksha-3/4/Be.She.P.kra./267/2008, dated 25/09/2008. And the N.A. tax has been paid till date. ANDWHEREAS, the Promoter got a building plan on the said propertyapproved from the Assistant Director ofTown Planning Nashik under his letter No.Nagarrachana Vibhag / Antim/Panchavati/50 dated 23/09/2009 as per the terms and the conditions mentioned in the letter; ANDWHEREAS, the Promoter has commenced construction of building inaccordance with the sanctioned building plan consisting of ground and uppe.r floors andthe building commonly known as " SHUBIIAM APPARTMENT" ANDWHEREAS, the Purchaser/s is/are satisfied about the title of thePromoter to the said proPertY; ANDWHEREAS, the Purchaser/s has/have taken inspection of all thedocuments such as original title certificate, title deeds, 7112 Exfiact' Conveyance Deed,Commencement Certificate etc ; AND WHEREAS the Promoters are entitled and enjoined upon to constructbuildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Promoter is in possession of the project land' AND WHEREAS the Promoter has proposed to construct on the projectland 2(two) buildings. Each building will have two wings each having stilt plus sevenupper floors. eNn WffgngAS the Allottee is offered an Apartment bearing number- on the floor, (herein after referred to as the said 'Apartment") in the wirupf tne Building called " " SIIUBHAM APPARTMENT" ; Iherein -ai'er referred tols the said"Building") being constructed in the said project by the Promoter ANDWHEREASthePromoterhasappointedanArchitectregisteredwiththe Council ofArchitects. ANDWHEREASthePromoterhasregisteredtheProjectundertheprovisions of the Act ' with the Real Estate Regulatory Authority at no I authenticated copy is attached in Annexure F" Lr,ro wHgngas ttt" p.moter has appointed a structural Engineer for thepreparation of the structural design and drawings of the buildings and the Promoteraccepts the professional supervision of the-.Architect and the structural Engineer till thecompletion of the building/buildings' ANDWFmREASondemandfromtheallottee,thePromoterhasgiveninspection to the Allottee of all the documents of title relating to the project land and suresh theplans, designs and specifications prepared by the Promoter"s Architects N. Pateland Associates and of such other documents as are specified under the Real Estate(Regulation and Development) Act 2016 (hereinafter referred,to as '1he said Act") and theRules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by theattomeyatlaworadvocateofthePromoter,authenticatedcopiesofProperty card or extractof Village Forms VI and VII and )CI or any other relevant revenue record showing the naiureof the title of the Promoter to the project land on which hereto the Apartments are constructed or areto be constructed have been annexed and marked as Annexure A and Brespectively' AND WHEREAS the authenticated copies of the plans of the Layout asapproved by the concemed Local Authority have been annexed hereto and marked asAnnexure C-1. o AND WHEREAS the authenticated copies of the plans asproposed by the promoter and according of the Layout to wnicrr flie consnuction of the buildings andopen spaces are proposed to 6" proniJ"a*rl-. --' on the said project have been annexed heretoand mark.A u, e*ri*" C_1, AND WHEREAS the authenticated copies of the plans and specificationsof the Apartrnent agreed to be purchased uy i1. * a|"tt".i il.lionra and approved bythe local authority have been annexed and marked as Annexure D AND WHEREAS the promoter has got some of the approvals from l:::no-*lgca g!rutr(9, to tle. e-!rT,-Ae ,p'""ii"*io*, elwations, sectrons and ofthe said building/s and shall oUtuin tf,J La-un e approvats from various authorities fromtime.io time, so Certificate or Occupancy Certificate * to oUtuin "' Suilding Complefion "rtil*id;"iffi;: AND WHEREAS while sanctioning the said prans and/or Govemment has taid dowi cerrain -""iiiii""r;ffi#: concerned localauthoriw t!r.l andreshictions which are to q olserygq and p".f"rni.jlvjr,. promoter developingthe project land and the said while buildi"r,lliJ observance and performance of whichontv the completion "p#a". ;;;;:;;rtificate in respect of the said building/s shali begranted by the "; con r_!a iJ"j "uthodty. AND WHEREAS the promoter.has. accordingly commenced constructionof the said buitding/s in accordance with the said fiifo;;Jffir*- i AND WHEREAS the carpet area of the said Apanment is and_ ..carpet area" means the net :quTemet€rs apartment,. excluding thearea.covered usabie fil; ;"-of ." by the extemal walls, areas under services shafts, exclusive balconyappurtenant exclusive use of the Alrottee or verandah to ttte saiO Aparhent for area andexcrusive open terrace area appurtenant to the said ADartment for exclusive use of the Alilt*;;;; includes the area covered bythe intemal p"rtiil;f;"fiheapartment. AND WHEREAS, the parties relying on the confirmations, representationsand assurances of each other to_ faithfully abide by all the terms, conditions andstipulations contained in ttris egreemeni *j'.ff lawq are now this Agreement on the "pj""ule t..r, *d conditions appearing #l:lltJ:r."",.nnto ANP YHEREAS, prior to the execution of these presents the Allottee f,* p*a to the Promoter a sum of R.;.:.....::........,.., (Rupees partpayment of the sale consideration .............. ) only, being or *rJ aiarttn"nt agreed to be sord bv the Promoter tothe Allonee as advance p"d;;dpitil"1;;i;: payment and receipt whereof thepromoter Uotf, frtreUy admit and acknowledge) and the,Allottee has ageea to pay to-ttJpron,ot", tf," balance of the sale consideration in the manne. t .rinutli'upi;;;;:" AND WHEREAS, the promoter has registered project i the under theprovisions of the Real Estate (Resutati"n & i;;;;"pir.irj-i"r, RealEstate Regulatory Auihority at ___________no._______ 2016 with the ; AND WHEREAS, under section 13 of the said Act the promo&r rs requiredto execute a written Agreement for sale of saiA apartmeni with the Allottee. 3 being in factthese presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement andas mutually agreed upon by and between the Parties, the Promoter hereby agrees to selland the Allottee hereby agrees to purchase the Apartment and the covered parking (ifapplicable). NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- l. The Promoter shall construct the said building/s consisting of stilt and seven upper floors on the project land in accordance with the plans, designs and specifications as approved by the concemed local authority from time to time.Provided that the Promoter shall have to obtain prior consent in writing ofthe Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Governmentauthorities or due to change in law. l.a(i) The Allottee hereby agrees to purchase from the Promoter and the Promoterhereby agrees to sell to the Allottee Apartment No. .............. of the type .............. ofcarpet area admeasuring .................... sq. metres on ...........floor in the building /wing (hereinafter refened to as "the Aparhnent") as showr in the Floor planthereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs.................... including Rs. being the proportionate price of the common areasand facilities appurtenant to the premises, the nature, extent and description of thecommon areas and facilities which are more particularly described in the SecondSchedule annexed herewith.. (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoterhereby agrees to sell to the Allottee covered parking spaces bearing Nos situated at _ the stilt being constructed in the layout for the consideration of Rs. -------------/-. l(b) The total aggregate consideration amount for the aparhnent including coveredparking spaces is thus ------/- l(c) The Allottee has paid on or before execution of this agreement a sum of Rs_(Rupees only) as advance payment orapplication fee and hereby agrees to pay to the Promoter the balance amount of Fs............................Rupees ........... in the following manner :- i. Amount of Rs........ /- (........ ) to be paid to the Promoter after the executionof Agreement ii. Amount of Rs....... /-(.......... ) to be paid to the Promoter on completion ofthe Plinth of the building or wing in which the said Apartment is located. h iii. Amount of Rs...... /-(........... ) to be paid to the Promoter on completion ofthe slabs including podiums and stilts of the building or wing in which the saidApartrnent is located. iv. Amount of Rs....... l-(............. ) to be paid to the Promoter oncompletion of the walls, intemal plaster, floorings doors and windows of the saidApartment. v. Amount of Rs......... /- (........... ) to be paid to the Promoter oncompletion of the Sanitary fittings, staircases, lift wells, lobbies up to the floor level ofthe said Apartment. vi. Amount of [ts...... /-(..... ) to be paid to the Promoter on completion of theextemal plumbing and extemal plaster, elevation, terraces with waterproofing, of thebuilding or wing in which the said Apartment is located.. vii. Amount of Rs....... ) to be paid to the Promoter on completion ofthe lifts, water pumps, electrical fittings, electro, mechanical and ^(......... environmentrequirements, entrance lobby/s, plinth protection, paving of areas appertain and all otherrequirements as may be prescribed in the Agreement of sale of the building or wing inwhich the said Apartment is located. viii. Balance Amount of Rs..... ) against and at the time of handing ^(.......... to the Allottee on or after receipt of overof the possession of the Apartment occupancycertificate or completion certifi cate. l(d) The Total Price above excludes Taxes (consisting oftax paid or payable by thePromoter by way of Value Added Tax, Service Tax, GST and Cess or any other similartaxes which may be levied, in connection with the construction ofand carrying out theProject payable by the Promoter) up to the date ofhanding over the possession oftheApartnent. l(e) The Total Price is escalation-free, save and except escalations/increases, due toincrease on account of development charges payable to the Competent authority and/or anyother increase in charges, which may be levied or imposed by the Competent authority, LocalBodies/Govemment from time to time. The Promoter undertakes and agrees that whileraising a demand on the Allottee for increase in development charges, cost, or levies imposedby the competent authorities etc., the Promoter shall enclose the saidnotification/order/rule/regulation published,/issued in that behalf to that effect along with thedemand lefter being issued to the Allottee, which shall only be applicable on subsequentpayments. 1(f) The Promoter may allow, in his sole discretion, a rebate for early payments ofequal installments payable by the Allottee by discounting such early payments @---------% per annum for the period by which the respective installment has been preponed. Theprovision for allowing rebate and such rate of rebate shall not be subject to anyrevision/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 isgranted by the competent authority, by fumishing details of the changes, if any, in thecarpet area, subject to a variation cap of three percent. The Promoter shall recalculate thetotal price payable for the carpet area upon confirmation. If there is any reduction in thecarpet 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 specified in the Rules, fromthe date when such an excess amount was paid by the Allottee. If there is any increase inthe carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment s Plan. All these monetary adjustmentsshall be made at the same rate per square meter as agreed in Clause l(a) of thisAgreement. 1(h) The Allottee authorizes thg, to adjusVappropriate all payments made bvhim/rrer under any head(s)frolgter of dues in hiVher name asthe nomgtgr may in his"l"rtiJ"ffir outsranding, if any, iof" air.i.uon deem fit and the Attottee undertakes not toobjec'dem;t;;th; payments in any ilmorer to adjust his manner. fne flgyoter hgreby agrees to observe, perform f] terms,conditions, stipulations and restrictioni and compty with all the lmposed by theconcemed if -r, *nr.r, may have been authority ut *r. til'. # sanctioning the .local ptans or thereafter *O rn*l:t^ol said !ryi"q g"*.;;rr.ir,* to the Allottee, obtain from the concemed local.authorny "r,n Apartment completion ---.'-' occupancy and/or certificates in respect of theApartment. 2.2 Time is essence for the.promoter as well as the Allottee. The promoter shall abideby the time schedule fo, *rpfrttig the Apartment to the Allottee and the tf,;';fr;", and handins over commoiareas to the association of the allottees after receivins the occupancy certificate or the completion or both, as the casr rn"! b". certificate Similarly, the Allottee ,hXll ,*: timely payments of the instalment and otherdues payable by himrher and meeting'the other obligations under Agreement subjecfto the simultaneou, the .olpf"tion' of"construction by the Promorer as provided in clause rt.l f,"r.in u[oi"]J;p'uti""* pr*,f . 3. The Promoter herebv declares that the - Floor "#Jiu-..''onry Space Index available as on date inrespect of the proiect rand ir ;q*;; and promoter has ptanned toutitize iroor Space available onpayment of premiums or r"d;';;'1;;;;iiing or rDR or FSr FSI avaitable as incentive FSI bv implementing various scLemeas mentioned in the Devetopment Control o,. bT.:d on expectation onn r..r.a *:q:]",11" r-Sr-*nich*may Ue available in ruture on modification to Development Controlnegulations, which are applicable to the said proiect. The i.;;i.r-h;;i'.;iledthe Floor Index of sq.meters as proposed to be utilized Space bf'fri, on tfr. projectland in the said project and Alloitee t", based onthe proposed construction "srra-i"'p"..i,"r.'in.be,"iO Apartment -a b_. "i the Promorer bvutirizing the proposed "i"ifi;; " carried out by rsl ano in *re *'" riderstanoing that the dectared proposed Fsr Jhaubeions t" pr;;;il;i.-'- 4.1 If the Promoter fails to .abide by the time schedule for cgmpleting the project andhanding over the Apartment to tt. affott ., tL n"moter agrees pay to the Allottee,who does not-intend to to *nara*do, the projec! interest as specified in the Rute, on urp*t, month of delay, till the handing 1]lthe ilJ;i';; Allottee, for every over of theposse.rio'n. fir" Allottee pay to the Promoter, interest.as specified'i" agrees to payment which become due and payible irf.p" tfr. all the delaved to;. e;;r;;i"; Uv trr" eriotte" 9::.ry.. of this Agreement rrorir irre J# ,h;;;il;# is payable by the allottee(s) to the promoter. 4-2 without prejudice to the right of promoter to charge interest m terms clause 4.1 above, on the Allottee.committing of sub amou{.d1e.and ; aeadt pat;ent on due date of payable by the All-ottee to ttJi.ornot, 1V Agreement (incrudine his/hemroportionate under this share of taxes rlvrea by concerned local authority and other outgoings) and payment of instalments' the on the allottee committing three defaults of pio*ot"t tttutt athis own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen- days in writing to the "at br ltre allottee and mail ;lil;;dilsistered Post AD the address provide! this provideJbv the Allottee' of his intention to terminate ".iil" "-'iiiil "jaress or breaches of terms and conditions in ;;;;";;;;i*re specificureach fails ;il;;il;; it intlna"Jto terminatethe Agreement' If the Allotteeperiod the i]"i;t,h";;a"h or breuch"s mentioned by tlie Promoter within :,iil;: il;;h"-il oi tu"tt notit" period' promoter shallbe entitled to terminate this Agleement. Agreement as aforesaid' the Provided further that upon termination of this adjustment and recovery of any Promotershall refund to tne ail'ottee (subject to aereed liquidateddamages o. *v otft"i alount lvhic.h may be payable to^ ;'r:ffi#;il;;;;;il oitt'i'tvauv' of the termination' the installments of sale consideration of the ApJment whichmay till then have been paid by the Allottee to the Promoter. the flooring and sanitary fittings- 5. The fixtures and fittings with regard to like one ot to.t-liru"*ith particular brand' or price range (if andamenities ilil;t ; beprovided bv the lromoter. tlre said building and the i epu.tt"nfut ur" slt out inAnnexure E annexed hereto' Apartment to the Allottee on or 6. The Promoter shall give possession of the u-",.t'-iozr If the Promoter fails or neglects to give ;;f"* iiiil;;y or of reasons beyond his possession of theApartment to ttt" ettottt" on account shall be liable i."i""i -a ftis agents bythe aforesaid date then the Promoter "f to nifott"etfte amounts already received by himin ;;;;;; to reftrid tf,e may m€ntioned in the ..tt*i'"i ttt" Apo.t .nt *l*' interest at the samerate as receivedthe sum till the above from the date the Promoter "jrlr"'+.i'-rr"r"''i date the amounts and interest thereon is repaid' Provided that the Promoter shall be entitled to reasonable extension of time on the aforesaid date' if the completion of l;;;fi; a.tiu".y or apattm"nt is delayed on account of- is to be situated Luirain!"in *ni"hihe Apartment (i) War, civil commotion or act of God; other public iiii e"v tii.", order' rule, notification of the Govemment and/or orcomPetent authority/court' Promoter' upon obtaining the ?.1 Procedure for tiking possession - The fromfue competent authority and the paymen! t4: 9y "t."p"""V""nfftcate the Allottee as per the ugtt"t"nt thull off"t in writing the possession-of the erlottee in terms of this Agreement to be taken within 3 ;il;;;t" ih. of such noticeand the Promoter shall give Affi;;;tht i;it " autt or ittu" to tttt Allottee' The Promoteragrees and ;;;;;t;l;; or tn. eputt*"nr undertakes to lndemnlry .iit ettott"" in case of failure of fulfilment of any pt"titi"*, ro.maiities and documentation on part of the Promoter' The "iii" as determined by the Allottee agtee(s) to pay the maintenance charges on its case may be' The Promoter Promoter or association of allotteer, as the 7 days of in writing within behalf shall offer the pot..ttion to the Allottee receiving the occupancy certificate ofthe ProjecL Apartment within 15 days of the 7.2 The Allottee shall take possession of the intimating that the said writtennotice from the promotot to the Allottee ADartments are ready foruse and occupancy: 7 7.3 Feilure of Allottee to take possession of Apeftment :Upon receiving a writtenintimation fiom the Promoter as per clause g.l, the Allottee shall take po-ssessiol of theApartment, from the promoter by executing necessary indemnities' undertakings and suchother documentation us pr.sc.ibed in thi, Agreement, and the Promoter shall givepossession of the Apartment to the allottee. In case the Allottee fails to take possessionwithin the iime provided in clause 8.1 such Allottee shall continue to be liable to paymaintenance charges as applicable. 7.4 Ifwithin a period offive years from the date ofhanding over the Apartment to the Allottee, the Allottee brings to the notice ofthe promoter anv structural defect in theApartment or the building in which the Apartment are situated or any defects on accountof workmanship, quality or prwision of service, then, wherever possible such defectsshall be rectified by the promoter at his own cost and in case it is not possible to recti$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 Apartment or any part thereof or permit the same to beused only for purpose of residence. He shall use the pariing space only for purpose ofkeeping or parking vehicle. 9. The Allottee along with other allottee(s)s of Apartments in the building shall joinin forming and registering the Society oi Association or a Limited Company-to be knownby such name as the promoter may decide and for this purpose also from time to timesign and execute the application for registration and/or membership and the other papersand documents necessary for the -Company formation and regishation of the Society or Association or Limited an{ f91 begoming a member, including the bye-laws of the proposedSociety and duly fill in, sign and retum to the promoter within seven davs of thl samebeing forwarded by the promoter to the Allottee, so as to enable the Promoter to registerthe 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./orArticles of Association, as may be required. by the Registrar of Co-operative Societies orthe 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 orAssociation or Limited company, as aforesaid, cause to be transfened to thl society orlimited company all the right, title and the interest of the promoter and/or the owners inthe said structure of the Building or wing in which the said AparEnent is situated. 1.2 The Promoter shall, within three months of regisfation of the Federation/apexbody ofthe Societies or Limited Company, as aforesaid, cause to be transferred to theFederation/Apex body all the right, title and the interest of the Promoter and/or theowners in the project land on which the buildine with multiple wings or buildings areconstructed. 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 paythe proportionate share (i.e. in proportion to the carpet y"? gf the Apartment) ofoutgoings in respect of the project land and Building/s namely local taxes, bettermentcharges or such oihei levies bv the concemed_.local authority and,/or Govemment watercharges, insurance, common lights, repairs and salaries of clerks bill collectors. chowkidars- sweepers and all other expenses necessary and incidental to the 3 proj€ct lan!. and buildingis' Until the managementand maintenance of the fot*ta'utta the said structure of the building/s Societv or Limitedcompany " Promoter such d riti"'nri*"" shan pav to-the ::;t'it;';;;r;;;d of outgoiigt proportionate share * tuy bedetermined' The Allottee further pay to aerees that till the Allottee" s-share is so determined.theAllotteeshall orRs' /- per month (pavable ;i:;':;;;;;,;;jri"'J'""iiv'""nt'ibution the urnouttt" so paid by the Allottee tothe annually) towards the o*goiig!' Promoter until Promoter shall not any"ln'"ittt and remain "u"V iiutt oi tr't structure of^w-ith.the the building or wing is ;il;;";;7;tijnment-of on such ffi;;J;;;;;-J*,. .o"i"tv o. a limited cgmpgy as aforesaid. convevance/assignmentor teaiJ bJt! t*""ut"a r"tlryiT:** of the building provided for in this Agreement) or winq the aforesaid deposits(less i'eduction companv' as ili'[: ;;tj;.t;vir't'i ptot"ter to theSociitv or the Limited the case maY be. premlses 10. The Allottee shall on or before delivery ofpossession ofthe said amounts:- teeoJ"postea *ith the Promoter, the followin-g /- towards development of all infrastructure' ij il' confiibution towards (ii)Rs. l- p", unnut-lil-atpotit as provisionalApex bodv' i,itt"i"tt .rs..i",v oi l-ititta company/Federation/ receiving and Sub (iii) Rs. /- ror aeposns-Jflt"lttlf meter' electrical StationProvided in LaYout Rs for meeting all shall pay to the Promoter a sum of 1 l . The Allottee lesalcosts, charges and including professional costs ofthe Attomery-at- La=dAdvocatesor tt" p'orniiti'in-"o"i"ttion with formation of the said ""p"n"t' StaV or Federation and for preparing its Society, or Limited Companypt ep"l< uy"-i'uil'uiJ i[""ott of preparing and engrossing the rules, regulation, uno ot *signment of lease' "onnaYun"" ofthe structrne ofthe building or 12. At the time ofregistratton ofconveyance pav to the,Promoter' the Allottees' share of ;tr;;il ilrirai"g',i" Allontt shall ;i;g"tpaiaure'.bv trre Societv or Limited stamp duty una."g""uuon -1ld or instrument oftransfer Company on such conveyance oti"^" oi any documeni in respect of the structure ti" t"iAi"ifaing /wing of the building' At the time "i pay of tft-"ptiect tand' the Allottee shall of registration of ronu"yunt" oJ"utt tothePromoter,theAllottees"shareofstampdutyandregistrationcharges or Federation on such. convevance orlease ;;fi;, ;t the said epex eody ot ln respect of the structure of the said anv document o, ,nrrru..ri"o-itru*i.i i"tiaa i. in favor ofthe Apex Body or Federation' ".".*ed 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER- ThePromoter her.by und warrants to the Allottee as follows: "p'"*ni' title with respect to the project land; i. The Promoter has clear and marketable asdeclared in the title to this agreement and has the rcquisite "poJunn"*"a rishts to carryout a.u"ropt"tnti'pon1,rt9 nt":"o rila and-also has actual' physical 'Jffi;;fi;G"i of the Project; p'":""i rand foi the implementation "rtli" ii.ThePromoterhaslawfulrightsandreqrrisiteapprovals.fr.:.'-1" oithe?roiect and shall obtain competentAuthorit,es to city out d"evelopment il 6 the ievelopment of the requisite approvalsfrom il:;; "o,npt"t" projecr, land or the Project except iii. There are no encumbrances upon the project thosedisclosed in the title report; 3 to the before any Court of law with respect iv. There are no litigations pending projectland. issued by the. comDetent authorities v. All approvals, ltcenses and permits anJs*atuifaing/wine are valid and pti'i#'i*i withrespect to the Prgect, subsisting andhave b"* ;;i:^t fu Furttrer' all "t#;ili;fij:';d]'; approvals, licenses andperm'aio -d" ittota b! the tompetent authorities with Uuitahg/wing shall be obtained by risoect to the Project, p'o1t"iuia*a-tuia ;:iffi ;;i*'-,".*:,':i-':Lm:ru;nniiilytr,fi*'*"|:?ijlll$'":; r remain to be in comPttance project land, Building/wing and common areas; vi.ThePromoterhastherighttoenterintothis.Agreementandhasnot the right' title and committed oromitted t" pt'f;fi; -v ;;ot itting' $"+bv rnuy ptquaicially be affected; interest ofthe Allotte" creat"Jhettin' into any agreement for sale and/or vii. The homoter has not entered with any pe$on or developmentagreement or any /"T-9"T:ll aereegrent other ffi ,;i1i:e;o".1ll*r:""":jLilt'li$fJ:?tifi whichwill, in anY manner, ar :,".Sill,ffi X$*H#:" is not restricted in any viii. The Promoter confirms that the Promoter Apa*ment to the Allottee in the mannerwhatsoever from r"iild',It.;J manner contemplated inthis Agreement; to the conveyance deed of the structure ix. At the time of execution of the tawru!'tu1u11 association of Allottees $'' i'lttlttt-trtai'hattaover !l?ij-f{; to the Assocntton or fifi;l ffi;;ion oni't t**on areas of the structure the Allottees; continut t-9 eay- an9 discharge x. The Promoter has duly paid and shall and taxes and other momes' l"aiti,"t"ii,""ilt""t"r oL5'-*ttt' tttutgtt an&or penatties and other outgoings' levies, impositro*,0"t"'t'ii"Aui"ae' to the competent whatsoever, puyuur" *'ti"'p'*l-i" *tt saib project Authorities; or or any other local body or authority xi. No notice from the Govemment (including anylegislative enactment, ;;;;Jent;tdti-*, Ito:':-lotification said propertv) ttal'uee1 re5iYl{ anv notice foracqurstuon til;il;liil;ithe land and/or the ProJect or served upon thePromo;t li ittptt' of the project report' except thos; disclosed in thetitle with to bring all persons 14. The Allottee/s or himselflthemselves 1"':1t^"1 may come' hereby covenants with the intowhosoever hands ttre'epartment Promoter asfollows:- at the Allottee'.1 9wn cost in good and i. To maintain the Apartment irot tftt d"t"- tryt of possession of the tenantablerepair *u toni'it'# il;;tuff"t t9 be done anything in or to the ADartment is taken and th"ilt"t be against the rules' Uuitaing in which tn" npt:tt*""i"ittit""tJ -whi9lr. Payin or to the building in regulations o, uv"-ru*' of"-h;;ial# 9;'T'ryj{lionitselfor any part thereof and the Apartment which the Apartment o ;iil;il. ffi"nt 'i'*'"1authorities' if required' of the local goodl whichare ofhazardous' combustible ii. Not to store in the Apartment any or structure of ordange{ous nat[e or *"; autaeg t]te co^nstruction "t";ffiil the building ,n*n"n 'n" i'pJ'i"itJ of which goods is it tit""tJo or storing lo while obiected to by the concemedlocal or other authority and.shall take care ;'*.; h"; ;;k;e* *l,i.r, rnuvoa'ue" 9' li\9tv l:.$1nuc" theApartment staircases' of*thebuilding in which the ls common passages o, *y o'ntr'"rutiure ihJitiiaitgi" *tti+-iheApartment is situated and situated. including entrances o' or il#?#ffi;;it tii" uuiiJiie in *r'i"r'-theApartment is situated Allottee in this behall the ADanment on zrccount "t "t""a;;ij;;;;t;'";fault of-the breach' ;;:;ffi;;; .il"iibe'tiable for tnJc6nsequences orthe repairs to the said Apartment and iii. To carry out at hts o'\rn.cost all intemal and'order in which it was maintainthe Apartment tt;;;; "onJition"ttut" do or suffer to be done delivered by the Promoter *iiJ'qff"ttt" and'shall not liilrl;i;il;f ,i;111pirnl,:l;i;1,*""*'*ffi11"]i;IJ"#;ii!? p"l'ii""*t'":1w y *'" event of the f,:Tfr"":t#l'::*'it"ffJ'"il1iii "ir'.' ton'raJ*tion of the above provision' the Allottee committrng uny uti Allottee shall be responsible *J tiuut" for the consequences thereof to other public authoritv' il;;;;;;l";a uuti.'-itv -oor the Apartment or any part iv. Not to demolish or cause to be demolished addition or alteration of thereot, norat any time *"tt tt t" U" rnuat uny in "t'ia any patt ttte'eofl nor any alteration whatever nature in orto the ;ilffi;; totJ""t'trnt of the building in which the Apartment the elevation and outside drains and pipes in the Apartlel is situated and shall k."p til;;li;;,rewers, and tn goodtenantable tTu:'-Td condition' and the appurtenances tnereti-in in so as to support tittft"t?J protect theother parts ofthe building particular, sha[ not chisel or inany other manner rvhich the Apartment " 'n-*tJ--a cause damage ,o walls' slabs or RCC' pardis or other "olutn']iluti structural members i" tt'" 'i'puilttt *itho{}t prior written permission of company' iri"-it"t.i"t""alor the Socieiy or the Limited act or thing'which may render void or v. Not to do or permit to be done any building in which the land and the voidableany insurance "''irtt-pt".lti Apartment is situated - *V po:n ittt'eof or whereby any increased premlum tnsurance' shall become payable in respect ofthe same garbage or other refuse or permit the vi. Not to throw dirt, rubbish, rags' or anv portion of the in the compoun{ to bethrown from the saia-epa'ime-nt is situated' Apartment ftffij;;JaJde buildinsin which the days of demand by the Promoter' his vii. Pay to the Promoter within fifteen share ofsecurity Aeposrt"aemanaed by ihe concemed local authority or Government or giuing*atei];'ili"itv 6'-v other service connection to the i" *fti.tt the Apartmentis situated' Utiiiitg taxes' water charges' insur4nce and such viii. To bear and pay tncrease in local otherlevies, if uny, wf ict' uie imposed ty the concernei local authority and/or otfrer pi'rblic iuthority' on account of change of user of the Govemmentand/or other than for purpose for which it Apartment by *t" eilott"Jiit anv];6;; is sold. ftq*t: assign or part with interest or ix. The Allottee shall not let, subJet' part *iq th: possession of the Apartment benefitfactor of this egreement or to the Promoter under this Agreement until all the dues payablJiy ir-t" afritt"t are fullY Paid uP' all the rules and regulations which x. The Allottee shall observe and perform at Apex Bodyor.Federation may adopt thesociety or the Limited-C;;pd "t or amendments thereofthat may be its inceptionand the additions' At"tutiotti tl made from time to timefor protection and maintenance ofthe said building and the Apartments therein and forthe observance and performance ofthe Building Rules, Regulations and ByeJaws for thetime being of the concerned local authority and ofGovemment and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid downby the Society/Limited Company/Apex Body/Federation regarding the occupancy anduse of the Apartrnent in the Building and shall pay and contribute regularly andpunctually towards the taxes, expenses or other out- goings in accordance with the termsof this Agreement. xi. Till a conveyance of the structure of the building in which Apartment is situated isexecuted in favour of Society/Limited Society, the Allottee shall permit the Promoter andtheir surveyors and agents, with or without workmen and others, at all reasonable times,to enter into and upon the said buildings or any part thereofto view and examine the stateand condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment issituated is executed in favor of Apex Body or Federation, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at allreasonable times, to enter into and upon the project land or any part thereof to view andexamine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect ofsums received by the Promoter from the Allottee as advance or deposit, sums received on account of the sharecapital for the promotion of the Co-operative Society or association or Company ortowards the out goings, legal charges and shall utilize the amounts only for the purposesfor which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as agrant, demise or assigrment in law, of the said Apartments or of the said Plot andBuilding or any part thereof The Allottee shall have no claim save and except in respectofthe 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 Promoteruntil the said structure of the building is transfened to the Society/Limited Company orother body and until the project land is transfened 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 acharge on the Apartment and if any such mortgage or charge is made or created thennotwithstanding anything contained in any other law for the time being in force, suchmortgage or charge shall not affect the right and interest of the Allottee who has taken oragreed to take such Apartment. ? I8. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoter does not create abinding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due asstipulated in the Payment Plan within 30 (thirty) days from the date ofreceipt by the Allottee and secondly, appears for registration ofthe same before the concemed Sub-Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute anddeliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Alloftee for rectiffing the default, which if not rectified within 15 (fifteen) IL days from the date of its receipt by the Allottee, application of the Alloftee shatl Ue treated as cancelled and allsums deposited by the Allottee in connection therewith including the booking amountshall be retumed to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT ThisAgreement,alongwithitsschedulesandannexures'constitutesthe entireAlreement betwein the Parties with respect to the subject matter hereof and suf,ersedesany and all understandings, any other agreements, allotment letter, correspondinces,arrangements whether written or oral, if any, between the Parties in regard to the saidapartment, 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 theprovisions contained herein and the obligations arising hereunder in respect of the Projectshall equally be applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a -transfer, as the said obligaiions go along with the Apartment forall intents and purposes' 22, SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceableunder the Act or the Rules and Regulations made thereunder or under other applicablelaws, such provisions ofthe Agreement shall be deemed amended or diieted in so far asreasonably inconsistent with the purpose ofthis Agreement and to the extent necessary toconform to Act or the Rules and RJgulations made thereunder or the applicable law, asthe-case may be, and the reriaining provisions of this Agreement shall remain valid andenforceable as applicable at the time ofexecution ofthis Agreement. 23. METHOD OF CALCULATION OF PROPORTIONATE SHAREWHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make anpayment, in commbn with other Allottee(s) in Project, the same shall be in proportion tothe carpet area of the Apartment to the total carpet area of all the Apartments in theProj ect. 24. FURTHER ASSURANCES Both Parties agee that they shall execute, acknowledge and deliver,to the othersuch instruments and take such other actions' in additions to the instruments and actionsspecifically provided for herein, as may be reasonably required in order to effectuate theprovisions of this Agreement or of any transaction contemplated herein or to confirm orperfect any right to be created or transferred hereunder or pursuant to any suchtransaction. 25. PLACE OF EXECUTION The execution ofthis Agreement shall be complete only upon its execution by thePromoter through its authorized signatory at the Promoter"s Office, or at some otherplace, which may be mutually agreed between the Promoter and the Allottee, in Nashik after the Agreement is duly executed by the Allottee-and the Promoter or simultaneouslyrvith the execution the said Agreement shall be r3 registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Nashik. 26. T\e Allottee and/or Promoter shall present this Agreement as well as theconveyance/assignment of lease at the proper registration office of registration within thetime limit prescribed by the Registration Act and the Promoter will attend such office andadmit execution thereof. 27. That all notices to be served on the Allottee and the Promoter as contemplated bythis Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D end notified Email ID/Under Certificate ofPosting attheir respective addresses specified below: -----------Name of Alloft ee -----(Allottee" s Address) Notified Email ID: Promoter- u MR" VASAJIT SHMJMSANI, 2l MR" PANKAJ VAS/Ut',r VASAITI, having its Addrers Butldlng Ifo.4, Offlce Itlo. 9, lrt floor, rtadlum complenn M. G. Road, Narhtk-422d}2 It shall be the duty ofthe Allottee and the promoter to inform each other ofany change inaddress subsequent to the execution of this Agreement in the above address by RegisteredPost failing which all communications and letters posted at the above address shall bedeemed to have been received by the promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by thePromoter to the Alloftee whose name appears first and at the address given by him/herwhich shall for all intents and purposes to consider as properly served on all the Allottees. 29. Stamp Duty and Registration: - The charges towards stamp duty andRegistration ofthis Agreement shall be bome by the allottee. 30. Dispute Resolution: - Any dispute between parties shatt be settled amicably. Incase of failure to settle the dispute amicably, which shall be referred to the CompetentAuthority as per the provisions of the Real Estate (Regulation and Development) Act,2016, Rules and Regulations, thereunder. 31, GOVERNINGLAW That the rights and obligations of the parties under or arising out of thisAgreement shall be construed and enforced in accordance with the laws of India for thetime being in force and the Nashik courts will have the jurisdiction for this Agreement IN WITNESS WHEREOF parties hereinabove named have set their respectivehands and signed this Agreement for sale at Nashik in the presence ofattesting witness,signing as such on the day first above written. t\ FIRST SCHEDULE OF THE PROPERTY All that piece and parcel of land bearing prot admeasuring 852.87 sq.mtrs., out of No. 4s, 46 & 47, 4g total S. No. l-t;-situ;;.j at Village Nashik, Taluka and District Nashik, and bounded _,'**'- as unde-i On or towards East : plot No. 17 to 21. On or towards West : 9 Meter D. p. Road. On or towards South: 9 Meter D. p. Road. On or towards North: plot No. 44 easements' lvavs' path appurtenances' ff"T$f"d:[. water courses, S.IgNED +ND DELIVERED BY THE WITHIN NAMED Allottee: (including joint buyers) (I )--- (2>-------- At onin the presence of WTNESSES: l. Name Signature 2. Name Signature SIGNED AND DELIVERED BY THE WITHIN NAMED 1l MR" VASAilT sHwa'I vAsAlrI- 2l MR. PANKA$' vAsAltT vasltlrl. (Authorized Signatory) MTNESSES: l) Name Signature 2) Name Signature , SCHEDULEA Apartment No. -- on"th^e ---- floo1, having approxrmate carpet areaof ----- sq.mtrs., alone with terracearea of _-___ ffit".. in the buildine ' commonlyknown as sFunnau eppliiercNili'urong parking no.-----, constructedon tf,. with allotted *ia pr"p..i'u, a"lr.iU"a in the First Schedule written hereinabove andapartment bounded as under:_ On or towaxds East: On or towards South: On or towards West: On or towards North: ts ]"",ffftil #5,olfilli';,1;;9"^o-.:'.qon amenities, easements, ways. inrrin!,'n;ii";;;#lH?,1f ;,TiJlr"Tril.;itJ,*,"jl,'*fii..Ti,i ATTACHMENTS SCHEDULE B ANNEXUREA AIYNEXT'RE B {iilf"'ffi'*e Apartmetrt Property papers AIYIYEXURE C-l Approved Building plan ANI\TEXURE C-2 rroposed ANNEXURED Lrvout ANNEXUR,EE ANNEXI,'RE F ffi 'HJl.ii'#iillor.,lll''-' IT::.: :: T:"L"*,T.:-oll"ftee ueposrtorapplicationfee. above named the sum )n ot this agreement or Rupees to"u.or eu*.rt v]i"u I say received. Tbc Promoter/s. r6