( Ready Reckner Chart No Builrup Area ofjlgp sq. mtrs Shop Rate Rs. Market Value Rs. Consideration Rs. Stamp Rs. /- [5% Stamp Duty + fs551 Regis. Fees Rs. Agreement to Sale Modcl f'orm of RER4 1-his Agreement is made at Nashik this day ol' in the ycar 2019 BETWEEN M/s. A. R. Buildcon, a partnership firm Pan No.ABOFA 3575 F 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. Mr. Aijaz Ahmed Bashir Ahmed Shaikh Agc : 53. Occupation : l]usincss 3. M r. Roshan Sikander Shaikh Age : 53. Occupation : Busincss Hereinafter referred to as "The Promoter" of the One Part AND Mr. Age: ,OccuPation: Pan No. Address: Hereinafter referred to as "'Ihe Allottce" ol the Other Part' WHEREAS Survey No.6/4/l Admeasuring 2l R of'Villagc Wadala' Nashik was owned by the Mrs. Jijabai Chagan Wagh' Mrs Jiiabai Chagan from Mr' Wagh had purchased property as per Sale Deed dated 231031198'l Aknath Kashinath Khode. AND WHEREAS Mrs. Jijabai Chagan Wagh and her f'amily member executed Development Agreement and General Power of Attomey in the year 2005 in favour of Mr. Ganpat Krushna Mhatre and Mr. Sandip Ganpat Mhatre and same are duly registered on 24/l0l2005with sub- registrar Nashik-2 at Serial No. 5928/2005 and 592912005 respectively. AND WHEREAS Mr. Ganpat Krushna Mharre and Mr. Sandip Canpat Mhatre have converted the above land into residential non- agricultural purpose as per order dated 3l/1212009 ol Collector, 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 ol the above property and got it approved fiorn Nashik Municipal Corporation on 2'/ l04l20l I vide outward No. Townplaning Dept./Final/ A-2104/ I l. AND WHEREAS Mhatre Mistri Construction pr,,t. Ltd. had purchased Plot No. I to 4 out of Survey No.6/4/1 total Admeasuring 1547 Sq.rnts. of Village Wadala, Nashik lrom land owners Mrs. Jijabai Chagan Wagh and others with consent of above developers as per Sale Deed dr.l0l06/201I and the said sale deed is duly registered with Sub-regisrrar, Nashik-2 at Sr. No.7l4012011 on 10/06/201l. As per the said Sale Deed the nanre of Mhatre Mistri Construction Pvt. Ltd. was recorded in the record of ri_ehts olthe said plor properry as per M. E.. No. I 0509 in rhe year 20 I l. AND WIIEREAS Mr. Rizwanur Rahrnan Zahurul Hasan parel and Mr. Aijaz Ahmed Bashir Ahmed Shaikh have purchased plot No.0l admeasuring 518.50 Sq.rnts. out of Survey No.6/4/l from Mhatre Mistri construction Pvt. Ltd. as per Sale Deed dt.22l0g/20 13 and the said sale deed is registered with Sub-registrar, Nashik-l at Sr. No. 9925/2013 on 2310812013. As per the said Sare Deed the name of Mr. Rizwanur Rahman Zahurul Hasan Patel and Mr, Aijaz Ahmed Bashir Ahmed Shaikh is recorded in the record of rights of the said plot as per M. E. No. l2gl5 in the year 201 3. AND WHEREAS Mr. Rizwanur Rahman Zahurul Hasan patel. Mr. Aijaz Ah,ed llashir Ahrned Shaikh has forrned the pannership in the name as M/s. A.l(. Buildcon on 25102/2019. Thereafier Mr. Roshan Sikander Shaikh has been added as a new partner of the promoter firm as per Partnership Deed dt. 2l/0612019. AND WHEREAS rhe promoter firm has purchased the said property from Mr. Rizwanur Rahrnan Zahurul Hasan patel and Mr. Aijaz Ahmed 2 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.1948/2019. The name of the 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 alt 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 13/05/2019 vide No.LND/BP/Wadala/DCR/093612019 afi same is transferred in the name of Promoter by NMC on 2610712019 No.LND/WS/BPlA4l82l20l9' 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 documents of the the Promoter has given inspection to the purchaser all in title relating to the said properties which are more particularly described schedule I here under written. The Purchaser having inspected all the '1112 and mutation entries for last 30 years' sale relevant documents \.e. Documents mentioned deeds, title certificate of the plot property and other in above paragraph, NA order, layout, title and search certificate plan in respect to the said commencement certificate and approved building , properties and being satisfied about the title of the 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 thereoft 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/Shop bearing No.------ on the Ground Floor, (herein after refened to as the said "ApartmenUShop") 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 concerned locar authority have been annexed hereto and marked as Annexure B. AND WHEREAS the authenricated copy of the building plan and specifications of the apartment agreed to be purchased by the Ailottee, 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, sections and of the said building/s and shall obtain the balance approvals 4 from various authorities from time to time, so as to obtain building Completion Certificate or Occupancy Ce(ificate of the said Building. AND WHEREAS while sanctioning the said plans concemed local authority and /or Govemment has laid down certain terms. cond itions. stipulations and restrictions which are to be observed and periormed by the Promoter while developing the pro.iect land and the said building and upon due observance and performance of rvhich only the cor-npletion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authoritY. AND WHEREAS the Promoter has accordingly commenced construction of the said buildingis in accordance with the said proposed plan. AND WHEREAS the Allottee has applied to the Promoter for a[lotment of an Apartment/Shop No.-------- on Ground Floor in the building of the said Project. AND WFIEREAS the carpet area ol the said Apartmcnt/Shop is Area ---- sq. mtrs. and "carpet area" means the net usable floor arca ol an apartment, excluding the area covered by the external walls. areas undcr services shafts but includes the area covered by the internal partition walls of the apartment. AND WHEREAS the Parties relying ol the confinnations. representations and assurance of each other to faithfulty 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 hereinalter. AND WHEREAS. prior to the execution of these prescnts thc Allottee has paid to the Promoter a sum ol Rs.- ----------l- (Rupees -------- only), being part payment of the sale consideration ol'the aparlment agreed to be sold by the Promoter to the Allottee as advance payment or apptication fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinalter appearing' AND WHEREAS, the Promoter has register the project under the provisions ol the Real Estate (Regulation & Redevelopment) Act' 2016 5 with thc Iteal Estate Regulatory Authority at Mumbai on I 12019 at no AND WHE.REAS. under Section l3 of the said Acr the Promorer is required to execute a written agreement lor sale of said apartment with the Allottee. being in fact these presents and also to register said agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and between the parties, the promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment /Shop. NOW I'IIF.REF'OR. '[IIIS AGREEMENT WITNESSETH AND IT IS I]ERIII}Y AGREED BY AND I]ETWEEN THE PARTIES HERETO AS F'Ol-LOWS:- l. 'the Promoter shall construct the said building consisring of three shops on the south side ofthe building and north side parking on the ground floor + fourth upper floor having eleven independent residential premises on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority lrom 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 aflect the apartment of Allottee except any alteration or addition required by any Government authorities or due to change in law. -fhe l(a) Allottee hereby agrees to purchase lrom the promoter and the Promoter hereby agrees to sell to the Allottee Apartment/Shop No.__ ---, carpet area of Shop admeasuring ---- sq.mtrs. situated on Ground Floor in the building (hereinafter referred to as ',the Apartment/Shop") as shown in the floor plan thereof hereto annexed Ibr the consideration ol Rs.----------l- (Rupees ------_ only). l(b) The total aggregate consideration amount for the apartment/shop including parking spaces is thus Rs.-------------l- (Rupees only). l(c) 'l'he Allottee has paid on or before execution of this agreement a sum o [' Its. -------------l- (Rupces -----only) as per tbllowing tnanner: a. Rs.----------l- ( Rupees Only) by Cheque no.--_____-_ dr. --------- of------ Bank. 6 c. Rs.----------l- ( Rupees Only) by Cheque no.--------- dt. -------- of ------- Bank. Thus, the Promoter has received the a sum ol Rs.-------------l- (Rupees ---only) from the Allottee as slated 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 a reeme nt 1.0 o/o Within 2 week after the execution of 15 o/o A reement 0n com letion of the Plinth of the buildin 15 o/o On Com letion of 1.t Slab 10 o/o On Com letion of 2,a Slab lO o/o On Com letion of 3.a Slab 70 o/o On Com letion of 4tr' Slab 5 o/o On completion of the walls, internal plaster, 70 o/o floorrn and shutter of the said sho On completion of the external plaster and 5 o/o elevation of the buildin On completion of the electrical fittrngs and 5 o/o avl n ofa urtenant land At the time of ha nding over of the possession of 5 o/o the sho to the Allottee ) 1(d) The total price above excludes taxes (consisting of tax paid or payable by the Promoter by way of value added Tax, Service Tax' GST and Cess or any other similar taxes which may be levied' in connection with the construction ol and carrying out the pro.iect payable by the Promoter) up to the date of handing over the possession of the APartmenVShoP' l(e) The total price is escalation-free, save and except escalations/increases. due to increase on account of development incrcasc charges payablc to the competent authority and/or any other in charges which rnay bc lcvied or imposed by the cotnpetcnt authority local bodies/govern mcnt lrorn time to timc' The Protnotcr undertakes and agre es that while raising a demand on the A llottee for increase in development charges" cost or levies imposed by thc competent authorities etc" the Promoter shall enclose the said 7 not ification/order/ru lelregulation published/issued in that behalf to be applicable on subsequent payments. I (0The Promoter may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @l2o/o per annum for the period by which the respective instalment has been preponed. The provision fbr allowing rebate and such rate ofrebate shall not be subject to any rcv ision/withdrawal, once granted to an Allottee by the promoter. l(g) l'hc Promoter shall confinr-r the final carpet area that has been allotted to the Allottee after the conslruction of the building is complete and the occupancy ccrtificare is granted by the competent authority, by furnishing details of the changes, if any, in rhe 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 deflned 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, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee. the Promoter shall demand additional amount Iiom the Allottce as per the next milestone ol the payment plan. All these monetary adjustments shall be made at the same rate per squarc meter as agreed in Clause I (a) of this Agreement. I (h) The Allottee authorizes rhe promoter to a j ust/appropriate all payments made by him/trer under any head (s) of dues against lawful outstanding if any, in his/her name as the promoter may in its sole discretion deem fit and the Allottee undertakes not to ob.ject/demand/direct the promorer to adj ust 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 concemed local authority at the time of sanctioning the said prans or thereafter and shalr, before handing ovcr possession ol- the Apartment to the Allottee. obtain from the c.ncerned locar authoriry occupancy and/or compretion certificates in respect of the Apartment. 2'2 -firne is essence ror the promoter as well as the Alrottee. The Promorer shall abide by the tirne schedule for completing the project and handing over the Apartment/Shop to the Allottee and the common areas to the association of the Allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of 8 the instalment and other dues payable by him/her and meeting the other obligations under the agreement subject to the simultaneous completion of construction by the Promoter as provided in clause I (c) herein above. J The Promoter hereby declares that the floor space index available as 'fDR purchased b1' the on date in respect of the proiect land is I :l + Promoter only. 4.1 If the Promoter fails to abide by the time schedule lor completing the project and handing over the Apartment/Shop to the Allottee' the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the rule' on all the amounts paid by the Allottee, for every rnonth 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 become due and payable by the Allottee to the Promoter under the terms of this agreement from the date the said amount is payable by the Allottee (s) to the Promoter. 4.2 Without pre.iudice to the right ol Promotcr to charge interest in terms of sub clause 4.1 above. on the Allotlcc corrmitting default in payment on due date ofany amount duc and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share oftaxes levied by concerned local authority and other outgoings) and on the Allottee committing three defaults of payment of instalments, the Promoter shall at his orvn option- rnay terminate this agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by registered post AD at the address provided by the Allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and ol the specific breach or breaches of terms and conditions in respect of which it is intended to terminatc the agreement. If Allottcc fails to rectify the breach or breaches mentioned by the Promoter rvithin the period of noticc then at the end of such notice period. Prolnoter shall bc entitled to terminate this agreement. Time is the essence of this agreement. The Allottee shall pay the balance consideration and other payments strictly on the due date at any cost. In the event of the Atlottee failing to make payment on the due date then the Promoter after due notice shall be entitled to terminate this agreement and lorfeit Rs.2,00,000/- out of the amounts received hereunder as liquidated damages' The Promoter shall be entitled to deal with and dispose of the prernises thereafter to third parties. and the Allottee shall havc no right to object in any 9 manner. However, the Promoter has option to continue the said transaction but in that case the Allottee shall pay the interest for the delal'cd period (l l9oh p.a. till the tirne the paymenr is made. The Promoter is not liable to give any intimation or notice of the instalments becorning due evcn oral/telephonic demand is sufficient. In addition to the Allottee/s liability to pay interest as mentioned hereinabove, the Allottee/ shall also be tiable to pay and reimburse to the Promoter, all the costs, charges and expenses whatsoever, which are borne, paid and/or incurred by the Promoter for the purpose of enlorcing payment ofand recovering from the Allottee/s any amount/s or due/s whatsoever payable by the Promoter under this Agreement. Provided further that upon termination of this agreement as afbresaid, the Promorer shall refund to the Allottee (subject to adjustrrent and recovery of any agreed liquidated damages or any other amount which may be payablc to Promoter) within a period ol Ninety days of the termination, the instalments of sale consideration ol'the apartment which may till then have been paid by the Allottee to the Promoter. 5 The fixtures and fittings with regard to the flooring to be provided by the Promoter in the said building and the apartment as are set out in Annexure 'D', annexed hereto. .l'he 6 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 subject to the issuance of completion certificate by the Nashik Municipal Corporation. If the Promoter fails or neglects to give possession of thc apanment to the Allottee on account of reasons beyond his control and ol his agents by the aforesaid date then the promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time tbr giving delivery ol 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 of God; ii) any notice. order. rule. notification of the Govemment and/or othcr public or colnpetent authorityi court. iii) Completion cerriflcarc is not issued by the NMC. t0 7.1 Procedure for taking possession 'l-he Prornoter. upon obtaining thc 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 Apanment/Shop, 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 Apanment/Shop to the Allottee. The Promoter agrees and undertakes to indemniff the Atlottee in case of failure of fulfilment of any of the provisions, lormalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association ol Allottees. as the case may be. The Promoter on its behalf shall of fer the possession to the Allottee in writing within 7 days ol receiving thc occupancy certillcatc of' 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 Atlottee to take Possession of Apartment/Shop Upon receiving a written intimation from the Promoter as per clause 8. I . the Allottee shall take possession of the Apartment/Shop from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement. and the Promoter shall give possession within the time provided in clausc 8.I such Allottee shall continuc to bc liablc to pay maintenance charges as applicable lrorn the datc ol'cornpletion certiflcate' '7.4 lf within a period of five years liorn thc date ol handing ovcr thc apartment to the Allottee, the Allottee brings to the notice ol the Promoter any structural defect in the apartment or the building in which the apartment are situated or any delects on any defects on account of workmanship, quality or provision of service then' wherever possibte such delects shall be rectitled by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Atlottee shall be entitled to receive from the Promoter, compensation for such defect in the rnanner as provided under the Act. 8. The Allottee shall use the apartmcnt or any part thereol or pcrlnit the same to be used only for purpose ol'residence' Ilc shall use the parking space only lor purposc ol'kecping or parking thcir orvn vehicle. g.TheAllotteealongwithotherallotteeofapartmentsinthebuilding shall join in forming and registering Apartment Association or a Limited Company to be known by such name as the Promoter may lt decide and lor this purpose also lrom time to time sign and execute the application for registration and ior membership and the other papers and documents necessary for the formation and registration of the Association and for becoming a member, including the bye-laws of the Apartment Association and duty fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the colnlrron organisation of Allottee. 9. I l'hc l)rornoter shall. r.vithin three months of registration of the association or limited cotnpany. as aforesaid. cause to be transferred to the apartment association all the right, title and the interest of the Promoter in the said strucrure of the building in which the said apartment is situated. 9.2 The Promoter shall, within three months of registration of the apartment association/apex body, as aforesaid, cause to be transferred to the apartment association/apex body all the right, title and the interest of the Promoter in the project land on which the building is 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 project land and building/s namely local taxes. betterment charges or such other levies by the concerned local authority and/or Covernment water charges, insurance, common lights, repairs and salaries of clerks bi[ co[ectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and buitding/s. Until the Apartment Association is formed and the said structure of the building is transferred to it, the Allottee shall pay to the promoter such proportionate share of outgoings as may be determined. The Allottee lurther agrees that till the Allottee's share is so determined the Allottee shall pay ro the promoter provisional monthly contribution of Rs. 1.000/- per month lowards the outgoings. The amounts so paid by the Allottee to the prornoter shall not carry any interest and remain with the promoter until a conveyance of the structure of the building is executed in favour of the apartment association as aforesaid. on such conveyance being executed for the structure of the building the aforesaid deposits (ress deduction provided for in this agreement) shall be paid over by the promoter to the apartment association/apex body, as the case may be. t2 10. The Allottee shall contribute and pay following amount to the Apartment Association details of which under:- i) Share money, application entrance fee of the Apartment Association. ii) Formation and registration ol the Apartment Association. iii) Proportionate share of taxes and other charges/ levies in respect of the Apartment Association. iu) Deposit towards provisional monthly contribution towards outgoings of Apartment Association. v) Rs.--------------l- for deposit towards water, Electric and other utility and services connection charges. 11. The Altottee shall pay a sum of Rs.16,000/-for meeting all legal costs, charges and expenses including professional costs ol the attomey at Law/Advocates of the Promoter in connection with formation of the said Apartment Association and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. t2. At the time of registration of conveyance of the structure of the building. the Allottee shall pay to thc Prornoter. the Allottccs share of stalnp duty and registration charges payable- by thc said Apartment Association on such conveyance or any docutncnt or instrument of transfer in respect ofthe structure olthe said building. At the time of registration of conveyance of the project land. the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apartrnent Association on such conveyance or any document or instrument of transl'er in respect of the structure of the said land to be executed in favour of the Aparlment Association. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: i) The Promoter has clear and rnarketable titlc with respect to thc project land; as declared in the title report annexed to this agrccmcnt and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession ol the project land for the implementation of the project; ii) The promoter has lawful rights and requisite approvals lrorn the competent authorities to carry out development of the pro.iect and shall obtain requisite approvals from time to time to complete the devetopment of the Project: iii) There are no encumbrances upon the proiect; ll iv) There are no litigations pending before any court of law with respect to the pro.iect land or project except those disclosed in the title report; v) All approvals. licenscs and permits issued by the competent authorities with respect to the pro.iect, project land and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the project, project land and said building shall be obtained by following due process ol 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, proj ect land, building vi) and common areas; v ii) The Promoter has the right to enter into this agreement and has not committed or omirted to perform any act or thing, whereby the right, title and interest of the Allottee creared herein, may prejudicially be alfected. viii) The Promoter has not entered into any agreement for sale and /or development agreement or any other agreement/anangement with any person or party with respect to the project land, including the project and the said Apartment/Shop which will, in any manner, aflect the rights of Allottee under this agreement; -l-he ix) Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/plot] to the Allottee in the manner contemplated in this agreement; x) At the time of execution of the conveyance deed of the structure to the association of Allottees the Promoter shall handover lawful, vacant. peacetul. physical possession of the common areas ol the structure to the association of the Allottees: -l'he xi) Promoter has duly paid and shall continue to pay and discharge undisputed govemmental 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 titl the possession handed over to the Allottee: xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the promoter in respect ol the project land and/or the pro.ject except those disclosed in the title report. t4 14. The Allotteeis or himselfithemselves with intention to bring all persons into whosoever hands the apartment may corre. 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 sufler to be done anything in or to the building in which the apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the apartment is situated and the apartment itself or any part thereof without the consent of the local authorities, if required. ii) Not to store in the apartment any goods which are of hazardous. combustible or dangerous nature or arc so heavy as to damage thc construction or structure of the building in rvhich the apartmcnt is situated or storing of which goods is ob.iected to by the concerned local or other authority and shall take care while canying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the apartment is situated including entrances of the building in which the apartment is situated and in case any damage is caused to the building in which the apartment is situated or the apartment on account of negligence or default of the Allottee in this behalf' the Allottee shall be liable lor the consequences olthe breach. iii) To carry out at his own cost all internal repairs to the said apartment and maintain the apartment in the same condition. state and order in which it was delivered by the Prornoter to the Allottee and shall not do or suffer to be done anything in or to the building in rvhich thc 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, thc Allottee shall be responsible and tiable for the consequences thereof to the concemed local authority and/or other public authority. ir) 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 ol whatever nature in or to the apartment or any part thereot" nor any alteration in the elevation and outside colour scheme of the building in rvhich the apartment is situaled and shall kcep thc portion, sewers, drains and pipcs in the apanment 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 t5 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 labrication gritl and further shall not change the exterior paint of the 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 project land and the building in rvhich the apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said apartment in the compound or any portion olthe 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 concemed local authority or Govemment or giving water, electricity or any other service connection to the building in which the apart is situated. vii) To bear and pay increase in local taxes, water charges, insurance and such other levies. if any, which are imposed by the concerned local authority and/or Govemment and/or other public authority, on account of change ol'user ol the apartment by the Allottee for any purposes other than fbr purpose lbr which it is sold. viii) 'l'he Allottee shall not let, sub-let, transfler, assign or part with interest or benefit factor of this agreement or part with the possession of the apartment until all the dues payable by the Allottee to the Promoter under this agreement are fully paid up. ix) The Allottee shall observe and perform all the rules and regulations which the Apartment Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the apartments therein and for the observance and performance of the building Rules. Regulations and Bye-laws lor the tirne being of the concerned local authority and ol Government and other public bodies. 'l-he Allottcc shall also observe and perlorm all the stipulations and conditions laid down by the Apartment Association regarding the occupancy and use of the apartment in the building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this agreement. l6 x) Till a conveyance of the structure of the building in which apartment is situated is executed in favour of Apartment Association, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said building or any part thereof to view and examine the state and condition thereoL xi) Till a conveyance olthe proiect land on u'hich the building in rvhich apartment is situated is executed in lavour ol Apartment Association, 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 proiect land or any part thereof to view and examine the state and condition thereot. xii) Not to park any vehicle in the parking area in the building. 1'he Allottee can park their and its customer's vehicle in front of said shop. 15. The Promoter shall maintain a separate account in respect ol sums received by the Promoter from the Allottee as advance or deposit. sums received on account ol thc sharc capital lor the prornotion ol the Apartment Association or towards thc out goings. legal charges and shall utilize the amounts only for the purposes lbr rvhich thcl have been received. 16. Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said apartments or olthe said plot and building or any part thereoL The Allottee shall have no claim save and except in respect of the apartment hereby agreed to be sold to him and a[[ open spaces, parking spaces, lobbies, staircases, terraces recreation spaces. will remain the property ol the Promoter until the said structure ol the building is transferred to the Society/Limited Company or other body and until the pro.iect land is transf'erred to the npex Body/Federation as hereinbelorc tncntioned. t'7. PROMOTER SHALL NOl' MORTG^GF. OR CRF.^ Il' A CHARGE After the Promoter executes this agreement he shall not mortgage or create a charge on the Apartment/Shop and if any such mortgage or charge is made or created then notwithstanding anything contained in any other taw for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such Apartment/Shop. I8. BINDING EFFECT l1 Forwarding this agreement to the Allottee by the Promoter does not creatc a binding obligation on the part of the Promoter or the Allottee until. firstly. the Allotree signs and delivers this agreement with all the schedules along with the payments due as stipulated in the payment plan within 30 (thirry) days from rhe date ol receipt by the Allottee and secondly, appears lor registration of the same belore the concemed sub-registrar as and when intimated by the Promoter. If the Allottee fails to execute and deliver to the Promoter this Agreement with 30(thirty) days from the date of its receipt by the Allottee and/or appear belore the Sub-registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifuing the default, which if not rectified within I 5 (fifteen) days lrom the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allortee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensalion whatsoever. I9. EN'IIRE AGREEMENT This agreement, along with its schedules and annexures, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all understandings, any other agrcements. allotment letter, correspondences, arrangements whether written or oral, if any, between the parties in regard to the said apartment/plot/building, as the case may be. 20. RIGHT TO AMEND 'l'his Agreement may only be amended through written consent of the parties. 21, PROVISIONS OF TIIIS AGREEMENI' APPLICABLE TO AI,I-OTTEE SUBSEQUENT ALT.OTTEES It is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the project shall equally be applicabte to and enforceable against any subsequent Allottees of the Apartment/Shop in case of a transfer, as the said obligations go along with Apartment/Shop for all intents and purposes. 22, SEVERABILITY If any provision of this agreement shall be determined to be void or unenfbrceable under the Act or the Rules and Regulation made thereunder or under other applicable laws, such provisions of the Agreement shall be decmed amended or deleted in so lar as reasonably inconsistent with thc purpose of this agreernent and to the extent necessary to conlirm to Act or the ltules and Regulations I8 made thereunder or the applicable law. as the case may be. and the remaining provisions of this agreernent shall remain valid and enforceable as applicable at the time of execution of this agreernent. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this agreement it is stipulated that the Allottee has to make any payment. in common with other Allottee(s) in proiect. thc same shall be in proportion to the carpet area of the Apartment/Shop to the total carpet area of all the Apartment/Shop in the project. 24. FURTHERASSURANCES 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 ior herein. as rray be reasonably requircd in order to effectuate thc provisions of this agreement or ol' any transaction contcmplated herein or to confirm or perlect any right to be created or translerred 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 oflfice, 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 olfice ol- the Sub-rcgistrar. [lencc this agreernent shall be deemed to have been cxccutcd at Nashik. 26. The Allottee and/or Promoter shall prescnt this agrcerncnt as rvcll as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter witt attend such office and admit execution thereof. 2'7. That att 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 Email ID/Under Certificate of Posting at thcir respective addresses specifi ed below: Name of Allottee Mr. Address: (Allottee's Address) Notified Email ID: t9 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 partners l. Mr. Rizwanur Rahman Zahurul Hasan patel Age : 51. Occupation : Business 2. Mr. Aejaz Ahrned 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 of this Agreement in the above address by registered post failing which all communications and letters posted at the above address shall be dcerned to have been received by the promoter or the Allottee, as the casc may be. 28. JOIN I AI-LOT"IEUS 'l'hat in case there are joint Allottee all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as 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 Allottee. 30. Dispute Resolution:- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be reflerred to the authority as per the provisions of the Real l:state (Regulation and Development) Act, 2016, Rules and Ilcgulations. thereunder. 3I. GOVL..RNING LAW -l'hat the rights and obligations of the parties under or arising out of this agreement shall be construed and enforced in accordance with the laws of India lor 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 respeclive hands and signed this agreement for sale at Nashik in the presence ofattesting witness, signing as such on the day first above written. 20 First Schedule Above Referred to All that Non Agricultural property situated layout bearing Plot No. 0l lrom and out of Survey No.6/4/1, admeasuring 518.50 Sq. Mtrs. of Village Wadala. Taluka and District Nashik situated within the limits ol Nashik Municipal Corporation bounded as under: 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 Here set out the nature, extent and description of common areas and facilities. l. Staircase 2. Common Passage 3. Common Parking 4. Common Terrace 5. Common area for 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" from and out of the said building constructed premises situated in the building a Shop No.- admeasuring sq' mtrs. carpet area approximate situated on the Ground Floor. The said premises - is bounded as per approved building plan constructed on Plot No. 0l lrorn and out of Survey No.6//4/1, admeasuring 518.50 Sq. Mtrs. of Villagc 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 2l The Schedule Above Refened to (Description of Property) All that Non Agricultural property bearing Plot No. 0l tiom and out of Survey No.6/4/1, admeasuring 518.50 Sq. Mtrs. of Village Wadala, 'Ialuka and District Nashik situated within the limits of Nashik Municipal Corporation. Copy ofattached to this agreement. Place: Dr. (Signed) Signature of Attorney-at-Law/Advocate ANNEXURE _ A Extract Villagc forms Vl or Vll and Xll showing nature of the title of the Promoter of the project land). ANNEXURE _B (Authenticated copies of the plan of the Layout as approved by the concemed Iocal 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 fbr on the said project) ANNEXURE D Amenities Structure R.C.C. Frame Structure With External Wall 6" Thick, Intemal Watl 4" Thick in Red Bricks Or AAC/CLC Blocks. Plaster Sand Faced Double Coat Cement Plaster With Ace Paint Extemal & Intemal Neeru Plaster With Tractor Emulsion Electrification Concealed Electrification With ISI Marked Modular Switches, Two Light Point, One Fan Point. One Wall Ptug Point in shop Flooring Diamond Flooring in shop Wi4r 3" Skirting. Shutter Rolling Shutter Receipt 22 Received of and from the Allottee above named the sum of Rs. (Rupees only) on execution of this agreement towards Earnest Money as stated in this agreement above I say received -fhe Promoter IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED HERELINTO ON THIS DAY, DATE AND YEAR FIRST MENTIONED ABOVE. Signed Sealed & Delivered by the within named Promoter M/s. A.R. Buildcon, a partnership firm Through its partners I . Mr. Rizwanur Rahman Zahurul Hasan 2. Mr. Aijaz Ahmed Bahir Ahmed Shaikh 3. Mr. Roshan Sikander Shaikh Signed Sealed & Delivered by the within named Purchaser/Allottee WITNESS: I 2 23