) Zone No. t4.5 Covt. Rate 27,5001- Carpet Area Sq. Mtrs Gort. Valuation Consideration Stamp Registration ll shri ll AGREEMENT OF SALE This Agreement of sale made at Nashik this day of October in the year Two Thousand and Nineteen.... BETWEEN Mr. Suresh Vallabhbhai Vamja Age :- 46year, Occ :- Business Pan No :- AEXP\'5-107 K R/o- Flat No.4, Sai Place Aparlmcnt, Ambad Link Road, Mahajan Nagar, Nashik - 422010 Hereinafter referred to as the VENDOR ( uhich exprcssiou unless it be repugnant to its context and / or meaning thereof shall always means and include his / her legal heirs, legal representatives, executors, administrators and assignees etc. ) of the FIRST PART. AND l. Mr Age: year, Occ : Pan : 2. Mrs. Age: ..... year, Occ Pan No : 3 Both R/O : Hereinafter referred to as the PURCHASER ( which expression unless it is repugnant to its contert and / or meaning thcrc o1' shall alu a1 s nrcilns and includc his / her respective Legal heirs representatives, executors, administrators and assignccs etc. ) of SECOND PART. AND WHEREAS thc Propcrtl' Ilealing Plot No.I / 2 Total Adm. area 4 R 27.19 Sq. Mtr. Out o1' S. NO. 4l3llBl3 Situated at Makhmalbad 'l'al & Dist Nashik Within the limits of Nashik Municipal Corporation, Nashik belonged to the vendor, hereinafter referred to as Land Owner, & he is the absolute and exclusive owner and is otheru'ise well & sufficiently entitled to that entire piece and parcel of the propefl)' is dcscribc'd in thc First Schedule u,ritten here under and hercinalicl rclcllcd to as the " Siricl l)r'opclt1 ". AND WHEREAS, 'l'hc nantc ol- thc vcndor has Mutated by the Mutation Ilntry No.36698 in the record of -l.otal Property Bearing Plot No.I / 2 Adm. area 4 R 27.19 Sq. Mtr. Out ol'S. NO. 4l3rllli3 Situatcd at Makhmalbad Tal & Dist Nashik Within the limits ol Nashik Municipal Corporation, Nashik, by virtue of the said Mutation Entry the vendor become the absolute owner of the said land and they are acquired right interest and title ovcr the same and which is intact till date. AND WHEREAS the vendor has purchased 14.52 Sq. mtrs. TDR from 'thakkar Det'clopcrs I.td. & the Said Sale Deed is rcgistcrcd in thc Ol'lrec ol'Sttb - llcgistrar Nashik - 5 Vide Registration No.92'l I '20lU On l)atcd '. 04 1212018 as per that the Vender as owner 01' the said properry has obtained Building permission for the construction on the said plot from Nashik Municipal Corporation Nashik 4 Wide its Letter No. LND I BP lMakhmalbad / DCR I 1578 I 2019 Dated:2110812019 as per that the Vender has absolute right to dcr'clop thc saicl propcrt)' by constructing a Residential building thcrcorr & also hc has obtain Right to sale the tenements to the prospective purchasers at such price and on such terms and conditions as he may deem fit & appropriate to salc procceds thereof : ANDWHEREAS, the said property has a clcar and marketable title free from all encumbrances and a litle Certificate certifying that, said property has a clear and marketable title free from all encumbrances has been issued ; ANDWHEREAS, the Said l'lot C'orrvcrlcd into Non - Agricultural tenure under Order of Collector Officer, Nashik Division, Nashik bearing No. Mah I Kaksh -3 I 4 / NAI-N 278t2012 [)atcd 09.01.2013 And the N. A. tax has bcen paid till l)atc ; ANDWHEREAS, the Final lay - out of the said property has been Sanctioned by Order No. Out Ward No. NRV /Final/ Panchvati lC2l59 Dated : lll10l20l3. ANDWHEREAS, the Vender got a building plan on the said properfy. And Said Plan is approved by Nashik Municipal Corporation Nashik Wide its Letter No. LND / BP / Makhmalbad / DCR i I 578 I 2019 l)atcd : 2l t082019. ANDWHEREAS, the Vendcl has commcnced construction of building in accordance with the sanctioned building plan. & as per that the Vender has proposed to construct on the pro.jcct land thc builcling known as " Gaisiddhi " Consisting Ground Irloor ( Common Parking )+Four Floor. ANDWHEREAS, the Purchaser/s is / are satisfied about the title of the Vender to the said propefty ; ANDWHEREAS, the Purchaser/s has / have taken inspection of all the docunrents such as original titlc certificate, title dccds, 7,12 [:rtr.act, ('onvcvancc Deccl. Commencement Ccrti ljcatc ctc. ; 5 AND WHEREAS the Developers are entitled and enjoined upon to constnlct buildings on thc projcct land in accordance with the lccitals hclcinabovc; AND WHERITAS the Allot tee is oll'ered an Flat bearing number on the , ( herein afier relcrrcd to as thc saicl " l:lut " ) in thc llLrilding callcd " Gaisiddhi " ( hcrcin aficl rcl'crred to as the said " Building " ) bcing constructcd in thc said project by the Vender. AND Wf lERtlAS the Vcndel has appointed an Architect registered with the Council of'Architects. AND WHEREAS the Vender has registered the Project under the provisiorrs ol thr-' Act \\ ith thc Rcal Ilstate Regulatory' Autholitl lt Nirshili No. I' .. authenticated copy is attachcd hcrcto. AND WHEREAS the Vender has appointed a structural [:nginccr lor thc prcparation ol' thc strr,rctural dcsign and drawings of the buildings and thc l)rornotc rcaccepts' the professional supervision of the Architect and the structural Engineer till the completion of the building / buildings. AND WIIERIIAS on dcmand f}om thc allot tcc, thc Vender has given inspection to the Allot tee of all the documents of title relating to the project land and the plans, designs and specitlcations prepared by the Vender through the Alch itccts and o l' such othcl documcnts as are specilied undcr thc l{cal listatc l ltcgulation and Development ) Act 2016 ( hcrc'inalicl re f-crrcd to as " the said Act " ) and the Rules and Regulations made there under ; AND WHEREAS the authenticatcd copies of Certificate of Title issued by the attomey at law or advocate of the Developers, authenticated copies of Property card or extract of Villagc l:orms Vl and Vll and XII or any other relevant t'evelluc rccot'd shotr itlg thc t.ttttttrc ol'the title 6 of the Promoter to the project land on which thc Apa(ments are constructed or are to be constructed have been annexed hereto. AND WIIITRITAS thc authcnticutcd cupics ol thc plans of the Lay - out as approvcd by' thc concerncd Local Authority have been annexed hereto. AND WHIIREAS thc authcnticatcd copics of thc plans of thc Lay - out as proposcd b1 thc Vcndel and accolcling tt'r which the construction of the buildings and opcn spaces arc proposed to be provided for on the said project have been annexed here to. AND WHEREAS the authenticated copies of'thc plans and specifications of the Apartment agreed to be purchased by the Allot tee, as sanctioned and approved by thc local authority havc been annexcd . AND WHEREAS the VcndcL has got sornc ol' thc approvals from the concemed local authority ( s ) to the plans,the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to timc, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WI{EREAS uhilc sanctioning thc said plans concerned local authority and / or Corcrnrnent has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Vender while developing the projcct land and thc said building and upon due observance and perlbrmancc ol' wlrich only the completion or occupancy certificate in respect of the said building/s shall be granted by the concemed local authority. AND WHEREAS the Vender has accordingly commenced construction of the said building/s in accorclance with the said proposed plans. 7 ANI) WlllrRlrnS tlrc Allor tcc lras applied to the Vender for allotmcnt of an []lat No. .... on floor in the building being constructed in the said Project, AND WHEREAS thc carpct arca means net usable floor area of an Flat, excluding the area covered by thc external walls, areas under services shafts, exclusive balcony appurtenant to the said F'lat fbr exclusive use of the Allot tee or verandah arca and crcltrsivc opcu tcl'racc area appurtellant to the said Flat lbr cxclusir c usc ol' thc Allot tee,, but includes the area covercd b1 thc iul.clual partition rvalls ol' the Flat as per that the Carpet area o1'the Said flat is Adm. Area . square meters & 'l'errace area Sq. Mtrs. But as pcr thc Posscssion Carpct arca of-thc Said flat is Adm. Area square metcrs & 'l'crrace arca Sq. Mtrs. as per that the Said Flat's Adm. Carpet area is Described in the Schedule - A. AND WI-IEREAS, thc Parlics relying on the confirmations, repl'cscntations and assulances ol' each othcr to faithfully abide by all the terms, conditions and stipulations containccl in this Aqlccrncnt ancl all applicable larrs, at'c no\\ \\illing to entel irrto tlris Aglccrucnt on tlte terms and conditions appcaring hcrcinalier ; AND WHEREAS, prior to the execution of these presents thc Allot tee has paid to [hc Vendcr a sum o1' Rs..... .........1- ( Rupees only ) , fhrough Cheque No. ... Dated Drawn By Branch being part payment of the sale consideration of the Flat agreed to bc sold by the Vender to thc Allot tcc as arlri.ulce pit\lncrlt or Application I:ce ( the payment and rcccipt rthet'col'thc Vcndcl both heleby admit and acknowledge ) and the Allot tee has agreed to pay to the Vender the balance olthe sale consideration in thc mantrct' ltcrcirta licr itpllcitt'iltg. AND WHEREAS, thc Vcndcr has rcgistercd the Projcct under the provisions of the RealEstate ( Regulation & 8 Redevelopment ) Act, 2016 u'ith thc Rcal llstate Regulatory Authority at Nashik No. P . AND WHEREAS, under scction l3 of the said Act the Vender is required to exccLrtc a rvrittcn Agrecment lbr sale of said Flat with the Allot tcc, bcing in lact thesc 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 Pa(ies, the Vender hereby agrees to sell and the Allot tee hereby agrees to purchase the filat. NOW THEREFORE, THIS AGREEMENT WITNESSEIII AND IT IS HERE BY A(;REED ItY AND BETWEEN THE PARTIES HERE'IO AS IOLLO\I'S :- l. ANDWHEREAS, the Vender has commenced construction of building in accordance with the sanctioned building plan & as per that the Vender has proposed to construct on the project land the building knorvn as " Gaisiddhi " Consisting Ground Floor ( Common Parking ) + Four Floor and the on the project land in accordance with the plans, designs and specifications as approved by the concerned Iocal aLrthoritl' Iiom timc to time. Provided that the Promol.er shall have to obtain prior consent in writing of the Allot tee in respect of variations or moditlcations vrhich rnav advcrsely aff'cct the Aparlment of the Allot tcc c\ccpt anv altcration or addition required by any Governmenl. autholitics or duc to changc in law. l. a ( I ) The Allot tee hereby agrees to purchase from the Vender and the Vender hcreby,agrees to sell to the Allot tee flat No. ....... admeasuring carpet area sq. meters & Terrace area Adm. .....Sq. Mtrs. on floor in the building_ " Gaisidtlhi " ( hereinafter rclerred to as " thc I:lat " ) as shou n irr thc l:lorir plan thcr.c of'hcrcto annexed and fbr the considcr.ation ol' Rs..... ......../_ ( In Words Rs..... ) including being 9 the proportionate price of the common area as and facilities appurtenant to thc- prcrniscs, thc natulc, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. I ( b )'l'hc total aggrcgatc consiclcrirrior) Antoulrt lul thc Flat is thusRs..... ............/- I ( c ) The Allot tec has paid on or bclbre execution of this aglccmcnl. a sLlnl ol' It l- ( Rupces only ) , Through Chequc No. Datcd Drawn By Branch as advance payment or application fee and hereby agrees to pay to the Vender the balance amount of Rs l- ( ln Words Rupces .....only ) in thc Ibllouing manner' :- i. Rs I{s .... ... only to be pirid to tlrc I)r'onrotc altcl thc executior.r of Aglecment. ii. Rs Rs only to be paid to the Promoter on completion of thc Plinth ol'the building or wing in which the said Flat is located. 'l'housand iii. Rs... I{s Onll' to be paid to the Promotcr on completion ol the slabs including podiums and stilts of thc brrilcling or rving in lvhich thc said l'lat is located. iv. Rs Rs Thousand Only to bc paid to the Promoter on cornplction of' thc u'alls, internal plaster, lloorings doors and windows of the said Flat. ...10... V. RS Rs 'l'housand Only to be paid to the Promoter on completion of the Sanitary fittings, staircases, Iift w'ells, lobbies up to thc tloor level ol' the said Flat. vi. Rs Rs . . Only to be paid to the Promotcr on completion of the rtcrnal plumbing and e external plastcr, elevation, terraces with water proofing, of thc building ol rr ing in u lrich the said l:lat is locatccl. vii. Rs Rs Thousand Only to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical, and environment requirements, entrance lobby / s, plinth plotcction, paving ol- areas and all appcrtairr Other Requircmcnts as may be prescribed in the Agreemcnt of sale ol thc building or rving in uhich tlrc said lrlat is located. viii. Rs Rs Only against and at the time of handing over of thc posscssion ol' the Apartment to thc Allot tee on or afier receipt of occupancy certificate or completion ccrtiflcatc. I ( d ) The Total Price above excludcs l'axes ( consisting of - tax paid or payable by the promoter by way of Value Added Tax, Service Tax, GST and Cess or any other similar ...11... taxes which may be lcvicd, in connectiol't with the construction of and carrying out the Projcct payable by the Promoter ) up to the date of handing over the possession o1' the Apartment. 'fhe Saici 'l'arcs Should be Paid by Thc Purchascr. I ( e ) The Total Price is escalation - free, save and except escalations / increases, due to increase on account of development charges pal,ablc to the C'ompetent authority and / or any other incrcasc in chargcs, rvhich may be levied or imposed by the Competent authority, Local Bodies / Government from time to time. The Developer undertakes and agrecs thal *'hilc raising a clcnrrrncl on thc Allot tcc fbr increasc in del'clopmcnt clralgcs, eosl. or le r ics irrposcd by the competent authorities etc., thc Vcnder shall enclose thc said notification / order I rule I regulation published / issued in that behalf to that effect along with the demand letter being issued to the Allot tce, rlhich shall onll'be applicable on subsequent payments. I ( f ) The Vender may allow, in his sole discretion, a rebate for early payments of cqual installmcnts payable by the Allot tee by discounting such eullr palnrcnts (trltt% pcr annum for the period b1' uhich thc tcspcctivc installmcnt has been proponed. The provision lbr allowing rebate and such rate of rebate shall not be sub.iect to any revision i u,ithdrau,al, oncc grantccl to nn Allot tcc b1' thc [)cvelopcr. I ( g ) fhe Vender shall conflrm the final carpet area that has been allotted to the Allot tee after the construction of the Building is complete and the occupancy ccrtificate is granted by the competent authorit)', by furnishing details o1' the changes, if any, in the carpet arca, subject to a variation cap of three percent. The Developer shall recalculate the total price payable lbr thc calpet area ttpon confirmation' ll' thcrc is an1 t'ccltlctiort ill thc clu p0t l.lrca lvithin thc defined limit then Devclopcl shall rclund the excess money paid by Allot tee within lbrty - lrve daYs with annual interest at the rate sP ecifled in thc Rules, fiom the ...12... Date when such an excess amount was paid by the Allot tee. If there is any increase in the carpet area allotted to Allot tee, the Promoter shall dcmand additional amount from the Allot tee 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 Agrecment. I ( h ) The Allot tee authorizcs thc Vcndcr to adjust / appropriate all payments made by him / her under any head ( s ) of dues against lawlul outstanding, if'any, in his / her name as thc Vcrrdcr rlav ir.r his solc discrction deem fit and the Allot tee undertakcs not to objcct / demand / direct the Vender to adjust his payments in manner. 2.1 The Vender hereby agrees to observe, perlorm and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority' at thc timc of sanctioning the said plans or thereaftcr and shall , bclirlc hancling ovcr possession of the Apartment to the Allot tec, obtain liom the concerned local authority occupancy and / or completion certillcates in respect of the Apartment. 2.2fime is essence fbr the Vender as rvell as thc Allot tce. The Vender shall abide by the time schedule for completing the project and handing over the Apartment to the Allot tee and the common areas to the association of the allot tees after receiving the occLlpanc), ccrlilrcatc or the completion certiflcate or both, as the case may bc. Sinrilarly, the Allot tee shall make timely payments of thc installment and other dues payable by him / her and meeting thc othcr obligations under the Agrcemcnl. sub.jcct lo thc simultancoLls corlplction of construction by, thc [)ei,clopcr as providcd in clause I (c) hereinabove. (" Payment Plan" ). 3. The Vender hereby declares tha t the Floor Space Index available as on date in respect of the project land is 427.19 ... 13... square meters only and Vender has planned to utilize TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioncd in thc Devclopmcnt Control Regulation or based on expectation of eased FSI which may be available in future on modification to Development Control Regulations, which are applicrble to thc said Project. Allot tee has aglccd ttt purchasc rhc suid Apart utcnt bascd on the proposed construction and sale of apartments to be carried out by the Vender b1' utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Vender onlr,. 4.1 If the Vender fails to abide by the time schedule for completing the project and handing over the Apartment to the Allot tee, the Vender agrees to pay to the Allot tee, who does not intend to u,ithdrau florr thc pro.icct, intercst as specificd in thc Rulc, on all thc i.lnruLlnts plitl by thc Allot tce, lbr every month of delay, till the handing over ol-thc possession. The Allot tee agrees to pay to the Vender , interest as specified in the Rule, on all thc delaycd pay'ment rvhich becomc duc and pa1 ablc b1 thc AIlot tcc to the Vendcr under the terms of this Aglccment l}om thc date the said amount is payable by the allot tee (s) to the Vender. 4.2 Without prejudice to the right ol Vender to charge interest in terms ol'sub clausc 4.1 above, on the Allot tee committing default in payment on due date of any amount due and payable by the Allot tee to the Vender under this Agreement ( including Ilis i her propoftionate share of tares leviccl b1' concct'nccl locltl authol'it) ancl othcr oLtlgoings ) and on the allot tee comnritting thlec delar-rlts ol'payment of installments, the Developer shall at his own option, may terminate this Agreement: Provided that, Vender shall give notice of fil'teen days in u'ritittg to thc Allot tce,by Registered Post AD at the address provided by thc allot tec and mail at the e - mail address provided by the Allot tee, o1'his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is ...14... intended to terminate the Agreement. If the Allot tee fails to rectifi the breach or brcachcs mentioned by' the Vender within the period of notice then at the end of such notice period, Vender shall be entitled to terminate this Agreement. I)rovidcd lirlthcr that upon tclnrirralion ol this Agreement as afbresaid, the Vcndcr shall relund to the Allot tee ( subject to adjustment and rccovery of any agreed liquidated damages or any other amount which may be payable to Vender ) within a period of thirty days of the termination, the installmcnts ot' sale considcration of' thc Flat which may till then have been paid by the Allot tee to the Vendor. 5. The fixturcs and fittings rr ith rcgard to thc flooring and sanitary fittings and amcnities likc onc or morc lilis with particular brand,, or price range ( il' unbranded ) to be provided by the Vender in the said building and the Apartment as are set out in Anrrcxurc Il anncxcd hcrcto. 6. The Vender shall give possession of'thc npaflmcnl to thc Allot tee on or before If the Vender fails or neglects to give possession of the Apartment to the Allot tee on account ofreasons beyond his control and ofhis agents by the aforesaid date then the Developer shall be liable on demand to refund to the Allot tee the amounts already received by him in respect of the Apartment with interest at the samc rate as may' nrcntioncd in llrc clausc 4.1 herein above lronr thc datc thc Du'cloltcl rcceivcd lhc surtr till thc date the amounts and intcrcst thclcttn is rcpaid. Prot,idcd that the Developer shall be entitled to reasonable extension of time forgiving delivery of Apartment on the aforesaid date, if the completion of building in which rhe Apartment is to be situated is delayed on account ol- ( I ) War, civil commotion or act of God ; ( ii ) Any notice,, order, rule, notification olthe Government and / or other public ol.cotrpcl.cltt authority, / court. ... I 5... 7.I PROCEDURE FOR TAKING POSSESSI oN- The Vender, upon obtaining the occupancy cefliflcate fiom the competent authority and the payment made by the Allot tee as per the agreement shall ol'fi'r in rvriting the possession ol'thc Apartmcnt., to thc Allot tcu ilt tcnns ol'tlris Agrccnrcnt to be taken u'ithin 3 ( thrcc ntouths tl'otn thc datc ol issue ol' such noticc and the Vcnder shall give posscssion ol- the Apartment to the Allot tee. The Vender agrees and undertakes to indemnifo thc Allot tee in case of failure of fulfillment of any ol- thc provisions, fbluralitics and documentation on part of the Vender. 'l'he Allot tee agree(s) to pay the maintenance charges as determined by the Vender or association of allot tees, as the case may be. The Vender on its behalf shall olfLr thc posscssion to tlre Allot tee in writing within 7 days ol'r'ccciving thc occupancy certillcate ofthe Project. 7.2 'I'he Allot tcc shall takc posscssior.r ol' thc Aparlment within l5 days ol'thc rrlittcn nt-rticc litrrn thc Vcnder to the Allot tee intimating that the said Apartrnents are ready lbr use and occupancy : 7.3 FAILURE OF ALLOT TEE TO TAKE POSSESSION OF APARTMENT : Upon receiving a written intimation lrom the Vender as per clause 7.1, thc Allot tcc shlll llkc posscssion of the Apartment llout [hc l)r()nrotcr b1 cxe cuting ncccssaty indemnities, undertakings and srrch other dttcttmentation as prescribed in this Agreement, and the Vender shall give possession of thc Apartmcnt to thc allot tec. In case the Allot tee fails to take possession xithin the tirne provided in clause 7.l such Allot tee shall cotrtinrtc to bc liablc to pay maintenance charges as applicable. 7.4 If within a period of five )'cars Frorll thc date of handing over the Apartment to thc n llot tcc' thc Allot tce brings to the notice of the Vender any structllrill dclcct in thc Apartment or ...16... the building in which thc Apartmcnl arc situated or any defects account of workmanship, quality or provision of service, then, wherever possible such delects shall be rectitled by the Vender a[ his own cost and in casc it is not possible to rectily such dclccts, thcn thc Allot tee shall be entitled to receive from the Vender, compensation fbr such defect in the manner as provided under the Act. 8. The Allot tee shall use the Apartment or any part thereof or permit the same to be used only for purpose ol residencc. He shall use the parking space only for purpose of keeping or parking vehicle. 'l'he Allot tec along rr itlr othcr allot tcc( s)s ol'n partntcnts 9. in the building shall join in lblming and registcring the Society or Association or a Limited Company to be known by such name as the Vender may decide and for this purpose also from time to time sign and execute the application for registration and / or membership and thc othcr papcr sand documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign ancl rcturn to thc Venderuithin seven days olthe samc being lblwardcd b1 thc Vendcr to thc Allot tee, so as to enable the Vender to register the common organization of Allot tee. No ob.jcction shall bc takcn by the Allot tee il'any', changcs or rroditlcatious arc made in the draft bye-laws, or the McmorandLrrn and / or Alticlcs ol' Association, as may be required by the Registrar of Co - operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Vender shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be translerred to thc societl, or I-imited Company all thc right, titlc and Ilrc intcrcst ol'tltc Vcnclcr ancl / or thc owners in the said structure ol'rhc tluilcling or r,l,ing in rvhich the said Apartment is situated.