i Ready Reckner Chaft No Builtup Area of Flat sq. mtrs Flat Rate Rs V'larke( Value Rs Consideration Rs Stamp Rs [5% Stamp Duty + 170 g"rt1 Regis. Fees Rs ^ Agreement to Sale Model Form of RERA This Agreement is made at Nashik this day of in the year 2019 BETWEEN M/s. A. R. Buildcon, a partnership firm Pan No.ABOFA 3575 Ir Address:Plot No.09, Amrut Varsha Colony, Sainath Nagar, Wadala Pathardi Road, Nashik-06. Through its partners l. Mr. Rizwanur Rahman Zahurul Hasan Patel Age : 51. Occupation : Business 2.Nlr, Aijaz Ahmed Bashir Ahmed Shaikh Age : 53. Occupation : Business 3. Mr. Roshan Sikander Shaikh Age : 53. Occupation:Busincss Hereinaftcr ref-erred to as "The Promotcr" ol'the Onc Part AND Mr. Age : , Occupation Pan No. Address: Hereinafter referred to as "The Allottee" of the Other Part. WHEREAS Survey No.6/4/l Adrneasuring 2l R of Village Wadala' Nashik rvas owned by the Mrs. Jiiabai Chagan Wagh. Mrs. Jilabai Chagan Wagh had purchased property as per Sale Deed dated 2310311987 tiom Mr' Aknath Kashinath Khode. AND WHEREAS Mrs. Jijabai Chagan Wagh and her family member executed Development Agreement and General Power of Attorney in the year 2005 in favour of Mr. Ganpat Krushna Mhatre and Mr. Sandip Ganpat Mhatre and same are duly registered on 24ll0l2005with sub- registrar Nashik-2 at Serial No. 5928/2005 and 592912005 respectively. AND WHEREAS Mr. Ganpat Krushna Mhatre and Mr. Sandip Ganpat Mhatre have converted the above land into residential non- agricultural purpose as per order dated 3111212009 ol Collcctor. Nashik vide outward No.Mah/Kaksh-34{.A. L.A./2 I 8/2009. AND WHEREAS Mr. Ganpat Krushna Mhatre and Mr. Sandip Ganpat Mhatre have prepared the layout of the above property and got it approved from Nashik Municipal Corporation on 271041201I vide outward No. Townplaning Dept./Final/A-21041 ll. AND WHEREAS Mhatre Mistri Construction Pvt. Ltd. had purchased Plat No. 1 to 4 out of Survey No.6/4/l total Admeasuring 1547 Sq.rnts. of Village Wadala, Nashik from land owners Mrs. Jijabai Chagan Wagh and others with consent of above developers as per Sale Deed dl.l0/061201I and the said sale deed is duly rcgistered with Sub-registrar. Nashik-2 at Sr. No.7l4012011 on 10/061201L As pcr thc said Sale Deed the name of Mhatre Mistri Construction Pvt. Ltd. was recorded in the record ol rights of the said plot property as per M. E. No. 10509 in the year 20 I I . AND WHEREAS Mr. Rizwanur Rahman Zahurul Hasan Patel and Mr. Aiiaz Ahmed Bashir Ahmed Shaikh have purchased Plot No.0l admeasuring 518.50 Sq.mts. out of Survey No.6/4i I from Mhatre Mistri Construction Pvt. Ltd. as per Sale Deed dt.22/08/2013 and the said sale deed is registered with Sub-registrar, Nashik- I at Sr. No. 892512013 on 2310812013. As per the said Sale Deed the name of Mr. Rizwanur Rahman Zahurul Hasan Patel and Mr. Ai.iaz Ahrned Bashir Ahmed Shaikh is recorded in the record ol' rights of the said Plot as per M. F.. No. 12815 in the year 201 3. AND WHEREAS Mr. Rizwanur Rahman Zahurul Hasan Patel. Mr. Aijaz Ahmed Bashir Ahmed Shaikh has formed the partnership in the name as M/s. A.R. Buildcon on 25102/2019. Thereafter Mr. Roshan Sikander Shaikh has been added as a new partner of the Promoter firm as per Partnership Deed dt. 2l /0612019. ') ( L"t AND WHEREAS the Promoter firm has purchased the said property from Mr. Rizwanur Rahman Zahurul Hasan Patel and Mr. Aijaz Ahmed Bashir Ahmed Shaikh as per Sale Deed dated 12106/2019 and said Sale Deed is duly registered with the Sub-Registrar, Nashik -6 on same date at Sr.l948/2019. The name ofthe Promoter is recorded in the record of rights of the plot property as per Mutation Entry No.16693. AND WHEREAS the said property bearing Plot No.01 shall be hereinafter referred to as the "Said Property" and property more particularly described in Schedule 'A' hereinafter as the " Said Premises" for the sake of brevity. AND WHEREAS the Promoter is entitled to develop and dispose of all the said Property and the constructed premises from and out of the building construction carried out therein and to receive the consideration in respect thereof. AND WHEREAS the Promoter is developing the said property, the building and its units subject to the provisions of the Maharashtra Apartment Ownership Act, 1970 and the connected provisions thereof; AND WHEREAS the Promoter has developing the said property in the name of and style as "Galaxy Apartment" Apartment consisting of three shops on the south side of the building and north side parking on the ground floor + fourth upper floor having eleven independent residential premises' The "Galaxy Apartment" building has four persons lift facility; AND WHEREAS the building plan is approved and sanctioned by the Nashik Municipal Corporation for the said project on 1310512019 vide No.LND/BP/Wadala/DCfu093 6/2019 and same is transferred in the name of Promoter by NMC on 2610712019 No.LND/WSlBPlA4l82l20l9' The Promoter has constructed the building "Galaxy Apartment" Apartment' AND WHEREAS Promoter has appointed Mr' Rohan Kiran Gumare as the Architect and as the R.C'C. and Structural Engineer for the project. AND WHEREAS the Purchaser demanded from the Promoter and the Promoter has given inspection to the purchaser all the documents ofthe title relating to the said properties which are more particularly described in Schedule I here under written. The Purchaser having inspected all the relevant documents i.e. 7ll2 and mutation entries for last 30 years, sale deeds, title certificate of the plot property and other Documents mentioned 3 in above paragraph, NA order, layout, title and search certificate commencement certificate and approved building plan in respect to the said properties and being satisfied about the title ofthe owner and the rights and authorities of the Promoter of developing the said property and disposal thereof; AND WHEREAS by virtue of the above sale deed and partnership 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 project land and the plan, designs and specifications prepared by the Promoter's Architects 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 Allottee is offered an Apartment bearing No.- ------- on the Floor, (herein after referred to as the said "Apartment") in the building called "Galaxy Apartment,' (herein after referred to as the said "Building") by the Promoter. AND WHEREAS the 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. AND WHEREAS the authenticated copies of the plan of the layout as approved by the concemed local authority have been annexed hereto and marked as Annexure B. AND WHEREAS the authenticated copy of the building plan 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 C. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority (s) to the plans, the specifications, elevations, 4 sections and of the said building and shall obtain the balance approvals lrom various authorities frorn tirre to time. so as to obtain building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerncd 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 pro.iect 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 concemed local authority. AND WHEREAS the Promoter has accord ingly commenced construction ol the said building/s in accordance with the said proposcd plan. AND WHEREAS the Allottee has applied to the Promotcr for allotment of an Apartment/Flat No.-------- on ---------------- Floor situated in the building i in the said Project. AND WHEREAS the carpet area of the said Apartment is Arca ---- sq. mtrs. and open balcony sq.mtrs. total admeasuring sq.mtrs. and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the extemal walls, areas under services shafts, exctusive balcony appurtenant to the said apartment for exclusive use of the Atlottee or verandah area and exclusive open telracc area appurtenant to the said apartmcnt lor exclusive use of the Allottee. but includes the area covered by thc intcrnal partition rvalls olthe aparltncnt. AND WHEREAS the Parlies relying of the conllrrnations. representations and assurance of each other to laithfully 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 hereinalier. AND WHEREAS, prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs.-----------l- (Rupees -------- only), being part payment ol the sale consideration of the apartrnent agreed to be sold by the Promotcr to the Allottce as advance paylncnt or application f-ee (the payment and receipt rvhereol- the Promoler both hcrcby admit and acknowledge) and thc Allottce has agreed to pay to thc Protnolcr the balance of the sale consideration in the rnanner hereinat'ter appearing. 5 AND WHEREAS, the Promoter has register the project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at Mumbai on I 12019 at no. : n ND WHIREAS. under section l3 of the said Act the Promoter is requircd to cxecute a written agreemcnt lbr sale ol'said apartment with the Allottcc. bcing in lact these presents and also to register said agreement under the Registration Act. 1908. ln 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 Apartrnent /[rlat. NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HBRIII]Y ACREED BY AND BETWEEN THE PARTIES HERETO AS FOl.l.owS:- lhe Promoter shall construct the said building consisting of three shops on the south side of the building and north side parking on the ground floor + lourth upper floor having eleven independent residential premises 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 of the Allottee in respect of variations or modifications which rnay adversely affect the apartment of Allottee except any alteration or addition required by any Government authorities or due to change in larv. I.a (i) 'l'he Allottee hereby agrees to purchase lrom the Promoter and thc Promoter hereby agrees to sell to the Allottee Apartrnent/Flat No.------. carpet area of flat adnreasuring ---- sq.mtrs. and open balcony sq.mtrs. total ------ 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-l and C- 2 for the consideration of Rs.----------l- included being the proportionate price of the colrmon areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and lacilities which are more particularly described in the second schedule annexed herewith. 6 The price of the Apartment is including the proportionate price of the common areas and facilities and parking spaces is provided lree ofcost therefore price ofparking 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. l(b) The total aggregate consideration amount for the apartment including parking spaces is thus Rs. t-( Rupccs only). l(c) The Allottee has paid on or before execution of this agreement a surn of Rs.-----------J- (Rupees -----only) as per following manner: a. Rs.----------l- ( Rupees Only) by Chequc no.--------- dt. --------- of------- Bank b. Rs.--------l- ( Rupees Only) by Cheque no.--------- dt. -------- of------- Bank. c. Rs.----------l- ( Rupees Only) by Cheque no.--------- dt. --------- of------- Bank. Thus. the Promoter has received the a surt ol Rs.-------------/- (Rupees -----only) fiorn the Allottee as stated above. I (c-ii) The Allotte shall pay balance consideration amount Rs. (Rupees only) at any cost to the Promoter as per following manner: PAYMENT SCHEDULE PARTICULARS PERCENTAGE On or before execution of agreement 70 o/o Within 2 week after the execution of Agreement 75 o/o On complet ion ofthe Plinth ofthe building 15 o/o On Com letion of 1', Slab 70 o/o On Com letio n of 2,u Slab 70 o/o On Com letion of 3.a Slab 10 o/o On Completion of 4,r, Slab 5 o/o On completion ofthe walls, internal plaster, floorings, 5 o/o doors & windows of the said A artment On completion of the Sanitary fittings, staircases, lift 5 o/o wells, lobbies u to the floor level of the said A artment. On completion of the external plumbing and external 5 o/o plaster, elevation, terraces with waterproofing, of the buildin on completion of the lifts ,water pumps, electrical 5 o/o fittings, electro, mechanical and environment '7 requirements, entrance lobby/s, paving of appurtenant land At the time of handing over of the possession of the 5 o/o Apartment to the Allottee on or after receipt of completion certificate, whichever is earlier l(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. l(e) -lhc total price is escalation- free. save and except cscalations/increases. due to increase on account of development charges payable to the competcnt authority and/or any other increase in charges which rnay be levied or imposed by the competent authority local bodies/govemment 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 notitication/order/rule/regulation publishediissued in that behalf to be applicable on subsequent payments. I (0 The Promoter may allow, in its sole discretion, a rebate for early payrnents of equal instalments payable by the Allottee by discounting such early payments @l2o/o pu annum lor the period by rvhich the rcspcctive instalmcnt has been preponed. The provision lbr allowing rebatc and such ratc ol'rebate shall not be subiect to any revision/withdrawa l, once granted to an Allottee by the Promoter. I(g) l-he Promoter shall confirrn the flnal 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 ol the changes, if any, in the carpet area. subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter if there is any reduction in the carpet area within the dellned limit then Promoter shall refund the excess money paid by Allottee within fbrty-five days with annual interest at the rate specilied in the rules. fiortr the date r.vhen such an excess amount rvas paid by the Allottee. If there is any increase in the carpet area allotted to Allottee. the Prontorer shall demand additional al-nount fiorn the Allottee as per the next milestone ol'the payment plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause I (a) of this Agreement. 8 l(h) The Allottee authorizes the Promoter to adj usVappropriate all payments made by hirn/her under any head (s) ofdues against larvful outstanding if any. in his/her narnc as the Promoter may in its solc discretion deem fit and the Allottee undertakcs not to objecVdemand/direct the Promoter to ad.lust 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 ol sanctioning the said plans or therealter and shall, belore 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 Time is essence for the Promoler as well as the Allottee. The Promoter shall abide by the time schedule lbr cornpleting the project and handing over the Apartment/Flat to thc Allottec and thc cotnmon areas to the association ol the Allottees aflcr rccciving thc 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 sub.iect to the sirnultaneous completion of construction by the Prornoter 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 l: I + TDR purchased by the Promoter only. 4.1 If thc Promoter lails to abide by the tirne schedule lbr cornpleting the pro.lect and handing over the Apartrncnt/Flat to thc n llottcc. the Promoter agrees to pay to thc Allottce. who does not intcnd to withdraw from the project. interest as specified in the rulc. on all the amounts paid by the Allottee, lor 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 payment which becorne 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 terrts of sub clause 4.1 above, on the Allottee comrnitting delault in payment on due date olany amount due and payable by thc Allottee to the Promotcr undcr this ngrecment (including his/her proportionate share oftaxes levied by concerned local authority and other outgoings) and on the Allottce cornmitting thrcc delaults ol 9 payment ol instalments, the Promoter shall at his own option. may terminate this agreement: Provided that, Promoter shall give notice of fifteen days in writing to thc 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 Agreernent and of the specific breach or breaches of terms and conditions in respect of which it is intended to tenninate the agreement. ll 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. ln the event ol the Allottee failing to make payment on the due date then the Promoter after due notice shall be entitled to terminate this agreement and forleit Rs.2,00,000/- out of the amounts received hereunder as liquidated damages. The Promoter shall bc cntitled to deal rvith and dispose of the premises thereafter to third parties. and the Allottee shall have no right to object in any rnanner. However. the Promoter has option to continue the said transaction but in that case the Allottee shall pay the interest for the delayed period @ l8%o 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 liabte to pay and reimburse to the Promoter, all the costs, charges and expenses whatsoever, which are bome, paid and/or incurred by the Promoter for the purpose ol enfbrcing payment of and recovering from the Allottee/s any amount/s or due/s whatsoever payable by the Promoter under this Agreement. Provided I'urther that upon terrnination ol' this agreement as aforesaid, the Promoter shall refund to the Allottee (sub.iect to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Prornoter) within a period of Ninety 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 littings with regard to the flooring and sanitary Iittings and amenities like one or more lifts with particular brand, or price range (ifunbranded) to be provided by the Promoter in the said t0 building and the apartment as are set out in Annexure'E'. annexed hereto. 6 The Promoter shall complete the construction on or before and shall give possession of the apartment to the Allottee on or before by taking completion certificate sub.iect to the issuance of completion certificate by the Nashik Municipal Corporation. If the Promoter lails or neglects to give possession ol the apartment to the Allottee on account of reasons beyond his control and ol his agents by thc afbrcsaid date then thc Prornotcr shall be liable on dernand to relund to the Allottee thc 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 aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of i) war. civil commotion or act ol-Cod: ii) any notice. order. rule. notification ol the Govcrnrnent and/or other public or competent authority/court. iii) Completion certificate is not issued by the NMC. '7 .t 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 agreement to be taken within 3 three months from the date ol'issue of such notice and the Promoter shall give possession ol the Apartment/Flat to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of lailure of fulfilment of any of the provisions. lormalities. documentation on part of the Promoter' The Allottee agree(s) to pay the maintcnance charges as deterrnined by the Promoter or association ol Allottccs. as the case rnay bc The Promoter on its behall shall of ler thc possession to thc Allottee in writing within 7 days of receiving the occupancy ccrtiflcate ol the proj ect. 7.2 The Allottee shall take possession of the apartment within l5 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' l ' the Allottee shall take possession ol the Apartment/Flat frorn the ll Promoter by executing necessary indernnities. undertakings and such othcr 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 any defects on account of workmanship, quality or provision of service then, wherever possible such defects shall be rectified by the promoter at his own cost and in case it is not possible to rectifi such defects, then the Allottee shall be entitled to receive from the prorroter. cotmpensation fbr such det'ect in the rnanner as provided under the Act. 8. The Allottee shall use the apartrnenr or any part thereof or permit the same to be used only for purpose ol 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 .loin in forming and regisrering the Sociery 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 lormation and registration ol'the Society or Association or Lirnited Corrpany and lbr becorning a rncrnber. including the bye-laws of the proposed Society and duty lill in. sign and retum ro the promoter within seven days of the same being forwarded by the promoter to the Allottee, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the 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. I The Promoter sharr, within three months of registration of the society or association or limited company, as aforesaid, cause to be transf'erred to the society or lirnited company alr the right, titre and the interest of the prornoter/Lessor/originar owner/promoter and/or the owners in the said structure of the buirding or wing in which the said apartrnent is situated. t2 9.2 The Promoter shall. within three months ol rcgistration of the Federation/apex body of the socictics or lir-nited company. as aforesaid, cause to be transferred to the Federation/Apex body all the right, titte and the interest ol 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 l5 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 pro.iect land and building/s namely local taxes. betterment charges or such other levies by the concerned local authority and/or Government water chargcs. insurance. comtnon lights, repairs and salaries ol clcrks bill collcctors. cho"r'kidars. sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the society or timited company is lormed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share ol outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shalt 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 of the structure ol the building is executcd in lhvour ol the apartmcnt association as aloresaid. On such conveyance being executed fbr thc structure ol the building or wing the afbresaid deposits (lcss deduction provided for in this agreement) shall be paid over by the Promoter to the society or the limited company, as the case may be 10. The Allottee shall contribute and pay following amount to the Society or Limited Companyffederation/Apex body details ol which under:- i) Share money, application entrance lee 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 ol'taxes and othcr chargcs/ levies in respcct of the Society or [.i rrited Cornpany/lrederation/Apcx body. iv) Deposit towards provisional monthly contribution towards oulgoings of Society or Limited Company/Federation/Apex body. v) Rs.--------------l- for deposit towards water, Electric and other utility and services connection charges. tl II . The Allottee shall pay a sum of Rs. 16,000/-for meeting all legal costs! charges and expenses including professional costs of the attomey at Law/Advocates of the Promoter in connection with lormation 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 olregistration of conveyance or Lease of the structure of the building or wing ol the building, the Allottee shall pay to the Promoter, the Allottees share ol 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 olthe Apex Body or Federation. I3. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as fbllows: i) I'he Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the project; ii) The promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the developmenl ol the project: iii) There are no encumbrances upon the project or the pro.iect except thosc disclosed in the title report; iv) 'I'here are no litigations pending befbre 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 fbllowing due process of law. Further, all approvals, licenses and pennits to be issued by the cornpetent authorities with respect to the 14 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 perfonn an)'act or thing. rvherehl'thc right. title and interest of the Allottee created herein. rnay pre.iudicially bc affected. vii) The Promoter has not entered into any agreement for sale and /or development agreement or any other agreement/anangement rvith any person or party with respect to the project land. including the project and the said Apartment/Flat which will, in any manner, alfect the rights of Allottee under this agreement; vul ) 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 agreernent: ix) At the time ol execution of the conveyance deed of the structurc to the association ol Allottees the promoter shall handovcr lawful. vacant, peaceful, physical possession of the common areas of thc structure to the association of the Allotteesl 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 till the possession handed over to the Allottee; xi) No notice from the Govemment or any other local body or authority or any legislative enactmenl. government ordinance. order. notification (including any notice lbr acquisition or requisition of the said property) has been received or scrvcd upon the Protnoter in respect ol the proiect land and/or the proiect cxccpt thosc discloscd 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 sulfer to be done anything in or to the building in which the apartment is situated which rnay be against the rules, regulations or bye-laws or change/alter or make addition in or to thc building in which the apartment is situatcd and t5 the apartment itself or any part thereof without the consent of the local authorities, if required. ii) Not to store in the apartn-rent any goods which are of hazardous, cornbustible or dangerous nature or are so heavy as to damage the construction or structure ol the building in which the apartment is situated or storing of which goods is objected to by the concemed local or other authority and shall take care while carrying 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 apanment 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 ofthe breach. iii) '['o carry out at his own cost all internal repairs to the said apartment and rnaintain the apartlnent in the same condition, state and order in lvhich it rvas delivered by the Prornoter to the Allottee and shall not do or suf'fer 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 concemed 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 concemed 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 alteration of whatever nature in or to the apartment or any part thcreol. nor any alteration in the elevation and outside colour scheme ol'the building in which the apartment is situated and shall keep the portion. sewers, drains and pipes in the apartrnent 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 Apartment Association. The Allottee shall not close the open terrace and balcony even through fabrication gritl and further shall not change the exterior paint ofthe building including terrace/balcony. v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the pro.iect land and the building in r6 which the apartment is situated or any part thereof or rvhercby' an1' 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 conccrncd local authority and/or Govemment and/or other public authority. on account of change of user of the apartment by the Allottee fbr any purposes other than for purpose for which it is sold' viii) The Allottee shall not let, sub-let, transfer, assign or part rvith 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 perlorm all the rules and rcgulations lvhich the society or the limited Cornpany or Apex Bodl' or Federation rnay adopt at its inception and the additions. altcralions or amendments thereof that may be made from time to tirnc lbr protection and maintenance of the said building and the apartments therein and lor the observance and performance of the building Rules, Regulations and Bye-laws for the time being of the concemed 'l-he tocal authority and ol Government and other public bodics. 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 ol the apartment in the building and shall pay and contribute regularly and punctually towards the taxes. expenses or other out-goings in accordancc with the terms ol this agrecrnent. x) Till a conveyance of the structure olthe building in which apartmcnt is situated is executed in favour of Society/Limited Socicty. the Atlottee shall permit the Promoter and their surveyors and agents. with or without workmen and others. at all reasonable times. to enter t'7 into and upon the said buildings or any pan thereof to view and examine the state and condition thereoL 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 thcreol to view and examine the state and condition thereof. 15. J'hc Prornoter shall maintain a separate account in respect of sums received by the Promoter fionr the Allottee as advance or deposit, sums received on account of the share capital lor 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 [aw, 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 aparlment hereby agreed to be sold to him and all open spaces, parkin-e spaces. lobbies. staircases. terraces recreation spaces, will remain the properl), ol'the Promoter until the said structure ol the building is transt'erred ro rhe Sociery/Limited Company or other body and until the pro.ject land is transferred to the Apex Body/Federation as hereinbefbre mentioned. 17, PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this agreement he shall not mortgage or create a charge on the Apartrrent/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 a ffect the right and interest of the Allottee who has taken or agrced to take such Apartment/Flat. I8. I]INDING IJFFEC'I 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 all the schedules along with the payments due as stipulated in the payment plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned sub-registrar as and when intimated by the Promoter. t8 If the Allottee fails to execute and deliver to the Promoter this Agreement with 3o(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 Prornoler. then the Promoter shall servc a notice to the Allottee fbr rectifying the delault. which ilnot rectified within l5 (fifteen) days from the date of its receipt by the Allottee. application of the Allottee shall be treated as cancelled and all surns deposited by the Allottee in connection therewith including the booking amount shall be retumed 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 subiect matter hereof and supersedes any and all understandings' any other agreements. allotment letter, correspondences, arrangements whether written or oral. if any. betrvecn the parties in regard to the said apanment/plot/building. as the case rnay bc. 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 ctearly 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 Apartrrent/Flat for all intents and purposes. 22. SEVERABII,ITY Ifany provision of this agreement shall be deterrnined to be void or unenforceable under the Act or the Rules and Regulation made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this agreement and to the extent necessary to confirm to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this agreement shall remain valid and enforceable as applicable at the time olexecution of this agreement. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARL, WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this agreement it is stipulatcd that the Allottee has to make any payment. in common rvith other Allottee(s) in pro.iect. thc t9 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 offlce ol the Sub-registrar. Hence this agreement shall be deemed to have been executed at Nashik. 26 'l'he Allottee and/or Promoter shall present this agreement as well as the conveyance/assignrnent of lease at the proper registration office ol 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 served if sent to the Allottee or the Promoter by registered post A.D and notified Fmait ID/Under Certificate of Posting at their respective addresses specified below: Narne olAllottee Mr. Address: (Allottee's Address) Notified Email ID: Promoter Name M/s. A. R. Buildcon, a partnership firm Address:Plot No.09, Amrut Varsha Colony, Sainath Nagar, Wadala Pathardi Road, Nashik-06 Through its porlners l. Mr. Rizwanur Rahman Zahurul Hasan Patel 20 Age:51, Occupation : Business 2.Mr. Aejaz Ahmed Bashir Ahmed Shaikh Age : 53. Occupation:Business 3. Mr. Roshan Sikander Shaikh Age : 53. Occupation:Business (Promoter 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 ol this Agreement in the above address by registered post lailing r.vhich all communications and letters posted at the above address shall be deemed to have been received by the pronroter 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 flrst and at the address given by him/her which shall for all intents and purposes to consider as property served on all the Allottees. 29. Stamp Duty and Registration:- The charges towards stamp duty and Registration of this agreement shall be borne by the Allotlee. 30 Dispute Resolution:- Any disputc betu'een partics shall be settled amicably. ln case ol lailure to settled the dispute amicably. which shall be referred to the authority as per the provisions ol the Real Estate (Regulation and Development) Act, 201 6, Rules and Regulations, thereunder. 3l GOVERNING LAW That the rights and obligations of the pa(ies 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 ofattesting 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. 01 liom and out of Survey No.6/4/1, admeasuring 518.50 Sq. Mtrs. of Village Wadala, Taluka and District Nashik situated within the limits o[ Nashik Municipal Corporation bounded as under: 21 On or towards By East Plot No.2 South l8 Mrr. D.P.Road West Rest property of Survey No.6 North Plot No.4 Second Schedule Above Referred to H e re set out the nature, extent and description of common areas and fac ilities. l. Staircasc 2. Comrnon Passage 3. Cor.nmon Parking 4. Common Terrace 5. Comnron area lor ingress and outgress SCHEDULE'A' Upon the property more particularly set out in First Schedule above construction of a building known in the name and style as "Galaxy Apartment" Apartment from and out of the said building constructed premises situated in the building a Flat / Unit No. _ admeasuring _ sq. mtrs. and Open Terrace Area _ sq. mtrs. carpet area approximate situated on the _ Floor. The said premises is bounded as per approved building plan constructed on Plot No. 0l lrorn and out ol Survey No.6//4/[, admeasuring 5 I 8.50 Sq. Mtrs. of Village Wadala, Taluka and District Nashik. All the said premises together with all common amenities, rights of access, easement etc. SCHEDULE'B' FLOOR PLAN OF THE APARTMENT The Schedule Above Referred to (Description ol'Propcrty) All that Non Agricultural property bearing Plot No.0l fiorn and out olSurvey No.6/4/1, admeasuring 518.50 Sq. Mtrs. ol Village Wadala, Taluka and District Nashik situated within the limits of Nashik Municipal Corporation. 22 Copy of attached to this agreement Place: Dt. (Signed) Signature of Attorney-at-Law/Advocate ANNEXURE_A Extract Village forms VI or VII and XII showing nature of the title ol the Promoter of the project land). ANNEXURE-B (Authenticated copies of the plan of the Layout as approved by the concemed local authority) ANNEXURE _ C (Authenticated copy of the building plan 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 Amenities Structure R.C.C. Frame Structure With Extemal Wall 6" Thick, Intemal Wall 4" Thick in Red Bricks Or AAC/CLC Blocks. Plaster Sand Faced Double Coat Cement Plaster With Ace Paint Extemal & Internal Neeru Plaster With Tractor Emulsion Electrification Concealed Electrification With ISI Marked Modular Switches. Two Light Point. One Fan Point. One Wall Plug Point in [:ach Room, Toilet one Power Point. Onc Cable l'.V. Point In Livin Room & Master Bed Room. Plumbing Concealed Internal Plumbing Work With CPVC/OPVC Pipes One C.P Mixer Cock With Shower In Each Bathroom & One C.P. Cock In Kitchen & W. C. (Jaguar/Plumber/LNK & E uivalent & C.P. Fittin One Wash Basin. Flooring Diamond Floorin In All Rooms With 3" Skirtin Kitchen Granite Kitchen Platform With Stainless Steet Sink & Glazed In Shorter Span & Kitchen. Toilet Glazed Tiles Dado Up To 7" Height In Bathroom t T" Height ln Toilet & Height In W.C. Flush Tank With Antiskid Bathroom Floorin tJto ian Wee & Ons Doors ply Door Frame With Flush Door &'Ioilet P.V.C. Door With Granite Framc. Windows Three Track Powder Coated Aluminium Sliding Windows z) With Mosquito Net Sa Grill Lifi Lift With Backup Receipt Received of and lrom the Allottee above named the sum of Rs. ( Rupccs only) on execution of this agreernent towards Earnest Money as statcd in this agreement above. I say received The Promoter/s IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED III]REUNTO ON THIS DAY, DATE AND YEAR FIRST MENTIONED ABOVE. Signe d Sealed & Delivered by the within named I)rontotcr M/s. A.l{. Buildcon, a partnership lirm l'hrough its panners L Mr. Rizwanur Rahman Zahurul llasan 2. Mr. Aijaz Ahmed Bahir Ahmed Shaikh 3. Mr. I{oshan Sikander Shaikh Signed Sealed & Delivered by rhc within named Purchaser/A llottee WITNESS: 2 21