...17... 9.2 The Vender shall, uithin threc nronths of rcgistration of the Federatiorr i apcr bodv ol' thc Socicties or l.inrited Company', as afbrcsaid, ccLlSu' to bc transl'clrcd to thc Federation / Apex body all the light, title and the interest o1' the Vender and / or the owners in the project land on which the building with multiple u,ings or buildings are constructed. 9.3 Within l5 days after notice in writing is given by the Vender to the Allot tee that the Apartment is ready for use and occupancy, the Allot tee shall be liable to bear and pay the water charges, irrsurancc. comn'ron lights, repairs and salaries ol'propoltionatc shalc ( i.c. in ploportion to bc Decided Mutually by the Member ol'the Said Apartment ) o1' outgoings in respect of the pro.ject land and Building/s namely' local taxcs, bcttclnrcrrt chulgcs or such othcr lcvics by thc conccrncd local authoritl and or' (lovcntr.nent clerks bill collectors, chowkidars, s\\ce pers and all other expenses necessary and incidental to the management and maintenance of the project land and building/ s. Until the Society or Limited Company is fbrmed and the said structure of the building / s or wings is transl'crrcd to it, the Allot tee shall pay to the Developer such proportionate share of outgoings as may be determined. The Allot tee fufther agrees that the Allot tccs slrall pll to thc \/cncl.'r' onc Timc Maintcnancc Anroutrt i.c Rs.rrrrrrrrrrrrrrrrrrrrrrrrl-. lllr: atttottnts s0 paid b1'thc Allot tee to thc Vendcr shall n0t ca|r) rn)'intcrcsl ancl rcmuin with the Vender until a conveyance / assignment of lease of the structure of the building or wing is executed in favor of the society or a limitecl companv as afbrcsaid. On such conveyance / assignment of' leasc bc'ing executed lbr thc structure ol' the building or wing the aforesaid deposits ( less deduction provided for in this Agreement ) shall be paid over by the Vcndc-r to thc Society' or the l,imited Company, as the case ma1' bc. 10. The Allot tee shall pay 1o the' Vender a sum ol Rs. 15,000/- For meeting all lcgal costs, chat'ges and expenses, including prttfL'ssitlnal costs Lrl' tllc Attorncr - at - ['au / Advocates ol'thc Promtltcr ill c()lltlcction lrith lbrmation ol' ...18... the said Socict1,, or l.imitcd Comparrl', or Apex []ody or Federation and l'or pleparing its rulcs, rcgulations and bye - laws and the cost of repairing and engrossing the conveyance or assignment of lease. ll. At the time of registration ol'conveyance of the structure of the building the Allot tee shall pa)' to the Vendcr , the Allot tees" share of stamp duty and registration charges payable, by the said Societl' or l-imitcd Company on such conveyance or lcasc ol' r.ur\ clocrrnrcrrt ol instrunrcnt o1' transf'er in respect ol'the structr.rre ol'thc saicl tluilding / lving oI the building. At thc timc ol'rcgistration ol'convcyancc ol' the project land, the Allot tee shall pay to the Vender, the Allot tees" share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or any document or instrumettt of' transf'cr in respect of the structure of the said land to be executed in favor of the Apex Body or Federation. 12. REPRESENI'ATIONS AND WAI{RANTIES OF THE Vender - The Vender hereby represents and uarrants to the Allot tee as tbllorvs: i. The Vender has clear and marketable title with respect to the project land; as declared in the title reporl annexed to this agreement and has the rcquisite rights to carry out development upon thc projcct land and also has actual, physical and legal possession ol' the project land lbr the implementation of the Project ; ii.'l'hc Vc'ntlcr has lurr lirl lichts rtrrrl lctprisitc approrals fionr the competent Autholil.iss to ual'l \. ()Ltt dcvelopntcnt ol thc Project and shall obtain rcquisitc apprcx,als fiom timc to timc to complete the development of the project ; iii. l'hcrc are no crrcunrbranccs Lrpon the pro.iect lancl or the Project except those discloscd irr thc titlc rcport ; ...19... iv. There are no litigations pending bclbre any Court of law with respect to the project land. v. All approvals, licenses and permits issued by the competent authoritics u'ith lespect to thc Project, project land and said building / wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to bc issued by the competent authoritics rr ith rcs;-rcct to thc Ploiect. plo.jccl land and said building i wing shall bc obtairrr;ci by tirllor,r ing duc pt'ocess of law and the Vender has bcen and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, pro.iect land, Building / u ing and common areas ; vi. The Vender has the right to entcr into this Agrcement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allot tee created herein, may pre.iudicially' be allectcd ; vii. l'he Vender has not entcrcd into any agrecment lbr salc and / or development agl'ccmcnt or arlv othcr agrecment / arrangement u ith an1' pcrs()n or part) u ith rcspect to lhe project land, including thc I'ro.icct lncl thc said Apartrncnt which will, in anl,manncr, al'fcct thc rights of'Allot tcc undcr this Agreement ; viii. The Vender conflrms that the Promoter is not restricted in any manner whatsoevcr fi'orn sclling thc said Apartment to the Allot tee in the manner contemplated in this Agreement ; ix. At thc tintc ol'crcctttiott ol'thc cotlr','-1'artcc deed ol'the structurc to thc associatiott ul',\ll'rt L:cs tlte Vcndcr slllrll handover lawful, vacant, peacef ul, physical possession of'the common areas of the structure to the Association of the Allot tees ; x. The Vender has duly paid and shall continue to pay and discharge undisPuted governmental dues, rates, charges and ...20... taxes and other monies, levies,, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respcct to thc said pro.lect to thc competent Authorities ; xi. No notice from the Govemment or any other local body or authority or any legislative enactment, govemment ordinance, order, notification ( including any notice for acquisition or reqr.risition ol' thc said propcrty ) has bccn received or served upon the Vender in respect of the project land and / or thc Pro.icct c\cepl thosc disclosed in the title rcport. 't'he Allot tee/s or himselt'/ lhcursclves w'ith intcntion to 13. bring all persons into whosoever hands the Apar"tment may come,, hereby covenants r.l'ith the Vender as follows :- i. To maintain the Apartment at the Allot 1ee "s ou'n cost in good and tenantable repair and condition fiom the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to thc building in which the n paflment is situatcd rr hlch nr.lv bc agairtst thc rulcs, rcgulations or byc - laits trt elturtgr. lrltr't ot tnakc additirrrt in or to the building in which the Apartment is situated and the Apartment it Sale lbr an1 part thcrcol'rvithout the consent olthe local authoritics, il-r'equircci. ii. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartmcnt is situatcd ol storing of-which goods is objected to by thc concerned local or other authoriry and shall take care while carrying heavy packages which may damage or likely to clamagc thc staircases. cotnnlon passages or an1 othcl sLrLtctt.uc ol'thr- brril,.lirrg in ii hie lt tlrc r\ltartnrcnt is situated, including cntrarlccs ol' thc builcling in u hich thc Apartment is situated and in case any damage is caused to the building in rvhich thc Apartrnent is situated or the Apartment on account ol'negligencc or dclault ol-the Allot ...21 ... tee in this behalf, the Allot tee shall be liable tbr the consequences of the breach. iii. To carry out at his own cosl all internal repairs to the said Apartment and nraintain thr-. ,\parlmcnt in the samc condition, state and order in which it was delivered by the Vender to the Allot tcc and shall not do or suffcr to be done anything irr or to thc builclins irr rrlrich thc nparlmcnt is situatcd or lhc Apartlncut \\lrieir nrar ite eontlalr to lhc lulcs and regulations and b1'c - lau s ol' tlrc concerned local authority or other public authority. ln the event of the Allot tee committing any act in contravention ol the above provision, the Allot tec shall be lcsponsiblc and liable for the consequences thereol'Lo the concerned local authority, and / or other public authority. iv. Not to demolish ol'cause to bc demolished the Apartment or any part thercol., nor at all)' tinrc makc or causc to be madc an1' addition or altelation o1' u hatct'cr naturc in or to the Apartment or an)' part thclcol. nor arrl altcration in thc clevation and outsiclc color schcrnc ol' thc brrilding in n'hich thc ApartmcnL is situatcd ancl shlll kccp thc pol'ti()n. sc\\cls. drains and pipes in thc Aparlnrcnt and thc 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 uhich thc Apartmcnt is situated and shall not chisel or in any other manncl' causc damagc to coluntns, beams, walls, slabs or RCC, pardis or other structural members in the Apartment without the prior written pernrission o['thc Pronrotcr and / ot'the Society or the Limitcd C'ornpunr. v. Not to do or permit to be done any act or thing which may rcnder void or voidable anf insurancc olthe project land and the building in uhich thc ApartmcnL is situated or any pafl thereol'or whereby atrf ittclcascd prcmitttll shall bcconrc payable in respect of the insurancc. ...22... vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be throun ll'om thc said Apartment in the compound or an) portion ot'thc project land and the building in which the Apartment is situatcd. vii. Pay to the Vender within fifteen days of demand by the Vender his share of securitv deposit dcmanded by the concerned local authorilr, or (iovcrnment or giving rvater, electricity or any other servicc connecl.ion to the building in which the Aparlment is situated. viii. l'o bcal and pa1 inclcusc irr Ioetrl til\es, \\i.rtcr chargcs, insurance and such other lclics, il.anr. uhich arc imposccl b1,' the concerned local authority and / or Govemment and / or other public authority, on account of change of user of the Apartment by the Allot tee for anl,purposes other than for purposc for rvhich it is sold. ix. The Allot tee shall not let, sub - let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession ol'thc Apar'1rucnl. Lrntil all thc ducs pa1'ablc by' the Allot tcc to thc Dcvclopcl rrndcr this Agrccntcnt arc litlll paid up. x. The Allot tc'e shall obsclve and perlorrn all the rules and regulations uhich thc Socictl' or thc l-imitcd Companl, or Apex Body or F-ederation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time lbr protection and maintenance of the said building and the Apartments thcrcin and lbr the observance and perlbrmance o1' thc Iluilding Rulcs, Regulations and Bye - laws for the time being of the concerned local authoritl ancl ol'(iovernnrcnt and other public bodics.'l'hc Allor tcc slrrrll rlso obscr.r,c ancl pcrlur.rl all the stipulations ancl corrclirions laicl i.lou.rr b1 thc Society / Limited Companl, / Apex Body / Irederation regarding the occupancl and usc of' the Apar.tment in the Building and shall pay and contribute regularl.v ancl ...23... punctually towards the taxes, cxpcnses or other out - goings in accordance with thc tclnrs ol-this Aglccr.ncnt. xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favor of Society / Limited Society, the Allot tee shall permit the Vender and their surveyors and agents, rrith or rrithout uorkmen and others, at all reasonable times, to entcr into and upon the said buildings or any pafi thereol'to view and examine the state and condition thereol-. xii. -Iill a cor.lvcvance ol' tlrc plo jcct lanci ort rr lrich thc building in which Apa(ment is situated is executed in fhvor of Apex Body or Federation, the Allot tee shall permit the vender and their surve)'ors and agents, with or without workmen and others, at all rcasouablc tirtrcs, to cntcr into and upon the project land or any part thercol'to view and examine the state and condition thereof. 14. The Vender shall maintain a scpat'ate account in respect of sums received by the Vcnder llom thc Allot tec as advance or deposit, sums re-ccilccl ou accour.tt ol'thc sharc' capitll lbr the promotion of'thc Co - opcratir c Socictl' or association clr Company or touards thc otrt goinss. lcgal chargcs and shall utilize the amounts onlv lirr thu l.ttrposcs lbl llhich they lravc been received. 15. Nothing contained in this Agreement is intended to be nor shall be construed as vagrant, demise or assignment in lau', of the said Apartments or o1'the said Plot and Brrilding or any part thereof. The Allot tee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all opcll spaccs. parking spaces, lobbies, stailcascs, tcrraccs l'ccl'cllti()ll \l-rlt-e S- rr ill |clrlllitl thc prtlpct't1 of the Devclopcr until thc saicl structul'e olthc bLrilding is transferred to the Society / I-imited Company or other body and until the pro.iect land is transl'erred to the Apex Body / Federation a share in bclore rncrttionccl' ...24... 16. PROMOTER SHALL NOT MoRTGAGE OR CREATE A CHARGE. After the Vcndcr c\ccutcs this Agrccmcnt hc shall not mortgage or crcate a chargc ou thc Apartrncnt and il-any such mortgage or charge is made or crcated then notu,ithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allot tee who has taken or agreed to take such Apartment. 17. BINDING EFFECT :- Foru'arding this Agrccrrcnt to thc Allol Lcc b1 thc Vcndcr does not create a binding obligation on the part olthe Vender or the Allot tee until, firstly, the Allot tee signs and delivers this Agreement with all the schedules along with the payments due as stipulatcd in thc Pavnrcnt Plan vlithin 30 ( thirty ) days from the date ol-rcceipt by thc Allot tcc and secondly, appears for registration of the same befbre the concerned Sub - Registrar as and when intimated by the Vender. If the Allot tee(s) fails to execute and deliver to the Vender this Agrecmcnt \\'ithin 30 ( thirry ) days liom the date of its receipt by the Allot tce and/ or appear bcforc thc Sub - Registrar for its registration as and when intimated by the Vender, then the Vender shall serve a notice to the Allot tee for rectitying the dclhull. u hiclr il' uot rcctillccl rr ithin l5 ( fifteen ) days liom thc date ol'its rcccipt by the Allot tee, application of the Allot tee shall be treated as cancelled and all sums deposited by the Allot tee in connection therewith including the booking amount shall be retumed to the Allot tee without any interesl. or compensation whatsoever. 18. ENTIRE AGREE MENT:- This Agreement, along with its schedules and annexure, constitutes Ilrc cuti's Aglccrncrrt bctrrccn thc I)artics rvith respect to the sub.ject mattcr hcrcol'and sr.rpcr sidcrral, and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if ,< any, between the Parties in regard to the said apartment, as the case mav be. 19. RIGHT TO AMIINl) :- This Agreement may on lv be amended through wntten consent of the Parlies. 20. PROVISIONS OF THIS AGRI]EMENT APPLICABLE TO ALLOTTEE / SUBSEOUENT ALLOTTEES :. It is clearly understood and so agreed by and between the Parlies hereto that all the plovisions containsd hcrein and the obligations arising hereunder in rcspcct of the Project shall equally be applicable to and enlbrceable against any subsequent Allot tces o1- thc Apaltrncnt, in case o1'a transf'er, as lltc saicl obligatitlrrs so ulorrs ii ith lhc Apartrlcnt lbr all intents and purposcs. 21. SEVERABILITY :- lf'an1 proi,ision ol'this Aglccmcnt shall bc cletermincd to be void or unenfbrceable under the Act or the Rules and Regulations made there under or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so f-ar as re asonably inconsistent with the purpose ot'this Agrccmcut irncl to thc cxtcut ncccssary to confbrm to Act or thc Rulcs arrtl ltcgulatiorrs madc thcrc under or the applicable law', as hc casc nral' bc, and the remaining provisions ol'this Agreement shall remain valid and cnlbrccablc as lpplicablc at thc titnc ol'crcctttion of this Agreement. 22. METHOD OF CALCULA TION OF PRO PORTIONATE SHARE WHERE REF' ERRE DTO IN THEAGREEMENT Wherever in this Agreement it is stipulated that the Allot tee has to make an payment, in commcln with other Allot tee ( s ) in Pro.iect, thc same shall bc in proporlion to the carpet area olthc Apartlrent t() thc totrl cal'pct Llrca ol'all the Apaftmcnts in thc Pro.icct. ...26... 23. FURTHER ASSURANCES :- Both Parties agree that they shall execute, acknowledge and deliver to the other such instlurrrents 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 contcmplated herein or to confirm or perl-cct any' right tcl bc crcatcd or translcrred hereunder or pul'suant to any' such tl'atrsaction. 24. PLACE OF EXECUTION :- The execution ol'this Agrcerncnt shall be complcte only upon its execution by the Vender through its authorized signatory at the Venders Office, or at some other place, which may be mutually agreed between the Developer and the Allot tee, in Nashik after the Agreement is duly exccuted by the Allot tee and the Vender or simultaneously with the execution the said Agreement shall be registered at the office of the Sub - Registrar. Hence this Agreement shall be deemed to have been e xccLltcd at Nashik. 25. The Allot tee and / or Vender shall present this Agreement as well as the conveyance I assignment of lease at the proper registration otllcc of rcgistration rvithin the time limit prescribed by thc Rcgistration Act and the Promoter will attend such office and admit execution thcrcoL 26. That all notices to be served on the Allot tee and the Vender as contemplated by this Agrcement shall be decmed to have been duly served if'sent to the Allot tee or the Developer by Registered Post A.D and norifled Email lD / Under Certificate of Posting at their respective addresses specified below ; l. Mr. 2. Mrs. 'r1 Both R/O : Vender - Mr. Suresh Vallabhbhai Vamja IVo- Flat No.4, Sai Place Apartment, Arrrbacl Lirrk Iiolrl. Mlhtriarr Nagar. Nashik - .+22010 It shall be the duty of the Allot tee and the Vender to infbrm each other ol an1' changc in addrcss subsequent to the execution ol'this Agrecnrcnt in rhc abovc addrcss b1' Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the Vender or the Allot tee, as the case may be. 27. JOINT ALLOTTEES :- That in casc therc arc Joiut ,Allot tccs all c()nrmLulications shall be scnt b1'thc Vcndcl to thr; Allot tcc tt'hosc namc appears flrst and at the addrcss givcn by'him i hel which shall for all intents and purposes to consider as properly served on all the Allot tees. 28. STAMP DU TY AND REGISTRATION :. The charges towards stamp duty and Registration of this Aqreement shall be bornc hY thc allot tee. 29. DISPU l'E RlisoLt'l lo\: - Any dispute between pafiies shall be settled amicably' ln case of iailure to settlc thc disputc amicabl,v, which shall be rcferred to thc cornpctcnt AtrtlroIit1 us pcr lhc provisions ol' ...28... the Real Estate ( Regulation and [)cvclopmcnt ) Act, 2016, Rules and Regulations, there under. 30. GOVERNING LAW :- That the rights and obligations ol'the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Nashik cour(s u ill havc thc irrrisdiction lbr this Agreement. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Nashik in thc prcscncc oIattcsting rril.r.rcss, signing as such on the day flrst above written. FIRST SCHEDULE OF THE PROPERTY All that piece and parcel of land bearing Plot No. I /2 Total Adm. area4 R.27.19 Sq. Mtr. Out of S. NO. 4l3llBl3 Situated at Makhmalbad Tal & Dist Nashik Within the Iimits of Nashik Municipal Corporation, Nashik, and bounded as under - : On or towards E,ast : S. No. 413/2/2 On or towards West : S. No. 4l 311Bl3 Plot No.3 On or towards South : S. No.4l 3/B/l Parl On or towards North : Colony Road Together with easements, ways, path, appurtenances, water courses, trees, fencing etc. SCHEDULE - A Flat No on the floor, having approximate Adm. Carpet Ale a ........... scluarc nretcrs & Tcrrace / Balcony Area squarc mctcrs in thc building known as " Gaisiddhi tt constructed on the said property asdescribed in the Firs t Schedule written hereinabove and apartment bounded as under :- ...29... On or towards East On or towards Wcst On or torvards South On or towards North Together with fittings, flxtures, common amenities, easements, ways, path, light, air, libertics, privileges etc. and together with right to use terrace, Common parking , lifi in common arcas and other common facilities as available to the other Irlats. ATTACHMENTS l)ropcrtr'l)apcrs Floor Plan ol'the Flat Amenities for the Flat Title Report Rcra Rcgistration Ccrtilicatc Received of and fiom thc Allot tec abovc named the sum of Rupees Rs..... 1 Rupccs only' ) , lhrough ('lrcquc \o ... I)atccl : Drau n [Jr llranch torvards Eamest Money Deposit or application fee. I sal,received. The Vender. l. Mr ...30... 2. Mrs SIGNED AND DI]LIVERI]I) IiY THE WITHIN NAMED ALLOT TEE : Mrs. Surcsh Vallabhbhai Vamja SIGNED AND DELIVERED BY THE WITHIN NAMED VENDER : WITNESSES: r) 2)