-----·-----------..--------·---·--···----------•- -·-••·-..--..- Zone No. 16.1 Govt. Rate Rs. 30,8_00/- per sq.mtrs. Govt. Valuation Rs. Consideration Rs. Stamp • Rs. Reg.Fee Rs. shri. AGREEMENT FOR SALE This Agreement for sale is made and executed at Nashik on this day of October 2019. 2... BETWE EN. Tulsi Construction, Partnership firm, Thro!J.gh its Partner. Mr. Sandeep Tulshiram Patil. Age : 30 Yrs. 0cc. Builders & Devlopers. • Rio. Rajvaibhav Row Bungalows, Durganagr, Shivsamartha nagar, Nr. RTO Office, Peth -Rd. Nashik. Pan No. MHFT3 069P Hereinafter referred to as the VENDO R/ BUILDER. (Which expression unless it be repugnant to its context and/or meaning thereof shall always mean and include the said company, its all directors, their heirs, legal representatives, executors, administrators and assignees etc.) of the FIRST PART. AND Mr./ Mrs. Age : Yrs. 0cc. Pan : Residing at : Nashik. Hereinafter referred to as the PURCHASER. ( Which expression unless it be repugnant to its context and/or meaning thereof shall always mean and include his/her respective heirs, legal representatives, executors, administra~rs and assigns) of OTHER PART. WHERE AS the property bearin~ Plot _No. 1 & 2 total area Adrn. 1233.75 sq. mtrs. From and out of S.No.204/13+14 situated at Mhasaru l Tai. & Dist. Nashik, within the limits of Nashik Municipal Corporation Nashik, (more particularly described in Schedule I herein after referred) is owned and possessed by Tutsi Construction through its Partner Mr. Sandeep Tulshiram Patil. They have purchased the said plots i.e. Plot No. 1 & 2 from Mr. Prakash Vashayatmal Nagara by way of sale deeds dated: 02/04/20 19, registered in the office of SRO Nashik at Sr. No. 3098/2019 accordingly their names are entered into record of rights. ------ ··----·-.... -,-... --... -------- ------ - . ---- - - ---·-- I - - __..... - - - · p - • · · · -•-·--··-- ..--·--·-------- --·--- -----·-- 3 ... The Vendor/ Builder has purchased TDR adm. 1427.36 sq. mtrs. out of DRC No. 848by TDR Sale deed registered in the office of Sub-registrar Nashik at Sr. No. 3158/2019 dt. 11/07/2019. AND WHEREAS as such the vendor has acquired absolute rights to develop the said plots by constructing buildings thereon as per approved plans and to enter into agreements of sale, sale deed, deed of apartment for sale of constructed and other areas. AND WHEREAS the title of the Vendor / Builder / Owner to the said plot is clear and marketable and certificate for the same is issued by Advocate of the Vendor/ Builder. AND WHEREAS Collector of Nashik has granted N. A permission to the said survey number a.:> per Letter No. Masha / Kaksha 3 / N.A.P.No. /1416/1995 dt. 23/04/1995: Layout plan of the said survey number has been approved by Nashik Municipal Corporation Nashik as per Letter No. Javak Number/ Nagarrachana '(ibhag / Final /448/5157 dated: 08/02/1996. AND WHEREAS the plans for the construction of building consisting of residential and commercial units is approved by Executive Engineer (Town Planning) Nashik_Municipal Corporation by its Sanction of Building Permit & Commencement Certificate No. LND /BP/CD/ date / /2019. AND WHEREAS the vendor has commenced an exclusive construction of residential building on the said plots and the same is in progress. The proposed· construction as per the aforesaid approved building plan shall comprise of multi Floors and the project is named as " Tulsi Ratna ". These unJts shall have independent approach with design and specifications as per. approved building plan and provided with all the required facilities and civic ameniti~s thereof. All the said units together with the amenities and specifications listed and written hereunder in the Schedule Ill together ~ith parking facility together with all rights of easement and common f~cilities appurtenant thereto. AND WHEREAS the said project named as " Tulsi Ratna " is registered under RERA Act 2016 vide Reg. No.--------. r .4... AND WHEREAS the Vendor has appointed Architect reg istered with the Council of Architects and Vendor has appointed a Str uctural Eng ine er for the preparation of the structural design and dra wing of the said buildings. The vendor sha ll accept the professional supervision of the Architect and Structural Eng ineer till the completion of the buildings. AND WHEREAS the plan s and specifications are displayed for inspection at the site and also in the office of the Vendor. AND WHEREAS the Ven dor is executing the agr eem nature with other purchaser ent of like s of the other constructed premis es. AND WHEREAS the purcha ser with ah intention to pur chase Fla t No. ---- ---- (--- ---- -) in buil ding demanded i~spection of the doc um ent s hereinabove including the sale deed, approved plans, per mis sio ns etc. and the purchaser is satisfie d about the title of the ven dor to the said plots, and rights of the vendor to develop the said plots and to sell the constructed and other areas and the purchaser admits to hav e received the copies of the following documents viz.1 _ 7 /12 ext racts and mu tati on entries 2. Commencement Certificate and approved Pla ns, 3. Sal e dee d dated: 22/1/2007, 4. Title certificate, 5. Pl~n of premis es me ntio ned in schedule II hereunder writ ten and as the purchaser received the copies thereof. adm its to hav e AND WHEREAS the vendor undertakes to com ply with conditions of sanction ord term s and ers and get the renewal the required. reo f as and wh en AND WHEREAS the ven dor also undertakes to com ply terms and conditions of the wit h the Development Agreement bet we en the ven dor and the owners and the Ven dor shall not cof')lmit any bre ach of the term s and conditions of the said agreement so as to affe ct the inte res t of the purchaser herein and also to comply with all term s and con diti ons of sanction orders and get the renewal thereof as and wh en required. AND WHEREAS the purcha ser wants to pur cha se the premises bearing Flat No. con stru cte d ------- (-----------) more particu larly des crib ed in ·-- --- --- --- --• · - - "••- ···•-· - -•·- --- --. -··- - ---- -·- -- - -- .6... The said consideration is exclusive of : a) All costs and expenses at actual for stamps, registration fees, engrossing of agreement and , the sale deed, whether executed individually for the said p.remises and /or in common with building for the said property.- b) The amount of single phase MSEDCL Meter deposit .. c) The amount of Vat, service tax, ifcharged. d) Maintenance amount as decided by the Vendor. e) Any other special expenses, taxes, charges which may arise hereafter for the said transactions or for any facility require d to be provided as per the directions of concerned author ities. f) Legal charges g) Proportionate amount for formation·and registration of Association of Apartment owners. The purchaser agrees and undertakes to pay all above amount I charges within seven days as and when demaRded by the vendor. 4) The purchaser will pay balance amount of Rs. - - - i n the following manner :: Amount. Particulars Purchaser has paid R~. only by Cheque No. Bank : Dated : {not exceeding 30 % of the total cost of agreement) 45 % of the total consideration will be paid after on completion of _the Plinth of the building or wing in which the said apartment. 70 % of the total consideration will be paid after on completion of the slabs including podiums a~ stilts of building 75 % of the total consideration will be paid after on completion of the walls, internal plaster, floorings, doors and windows of hte said Apartment -·----·- -·------ - 80 % of the total consideration will be --- ~- ·- ____.. .. - - -· - - ·- ,· - I I ------·-· -· _ ---·-- ------ -··--• -'"" _____ ___ . ... .7... paid after on completion of the Sanitary . fittings, staircases, lift wells, lobbies up to the floor level of the said Apartment 85 % of the total consideration will be paid after -on completion of the external plumbing and external plaster, elevation, terraces with ~aterproofing of the building or wing _95 % of the total consideration will be paid after on completion of the lifts, water pumps, • electrical fittings, electro, mechanical and environment requirements, entrance lobby's, plinth protection, paving of areas appertain and ..all other requirements as may be prescribed in the agreement of sale of the building or - wring in which the said apartment. Balance amount at the time of handing over of the possession of the Apartment to the ·purchaser on or after receipt of occupancy certificate or completion certificate. ,Rs. Total Consideration) The Purchaser agrees to pay the aforesaid balance amoun t on the due dates without def~ult, payment of balance amoun t is condition precedent for continuanc_e of the agreement and essenc e of agreement between parties. 5) The flat purchaser shall pay an amount of Rs. -------- -/- (Rs.--- -------- -------- ----- only) to the vendor as non-refundable deposi t towards building lift maintenance, the said amount will be deposi ted in the bank as maintenance amount, which will remain in the name of the flat owners jointly or society or A.O.~. 0. the interest amount will be utilized for the building maintenance, in ·addition to that any further amoun t required for building maintenance, the said amount shall be paid by the holder of flats. 6) The vendor agrees to observe, perform and comply with all the terms and conditions, stipulations and restrictions if any, which may .8... have been imposed by the concerned loc al authority at the sanctioning of -- -· -- time of ··· ··- -· - 8) The vendor is develop ing the saia plot in his rights. The purchase own name and r declares and admit s that on verification deed and the said plo of the title t is free from all encum brances. 9) Th e purchaser agree s to pay to the vendor % p.a. on all the am an int ere st@ 18 ounts from the date and and payable by the "to r stage they become du e purchaser to the ven dor under the terms conditions of this agree and ment. The payment of interest by way of da is condition preceden mages t for acceptance of deJayed payment. Bu discretionary with the t it is vendor whether to acc ept the delayed paym interest or not. ent with 10) On the purchaser committing default in amount on due dates payment of the on any amount becom !ng due and payable purchaser to the Vend by the or under this agreeme nt (including his propo share of taxes levied rtionate by the concerned local authority and other ou and upon the purch tgoing) aser's committing bre ach· of any of the ter conditions herein con ms and tained, then the Vend or is entitled to termin agreement at his option ate this . Provided always tha t the power of termin ation herein before contained shall not be exercised by the Vendor unless and Vendor shall have giv until the en to the purchaser fifteen days prior no notice being sent by tice (the registered post ackn,o wledgment due or bei personally delivered ng to the purchaser) of his intention to termin agreement, and intima ate this ting the specific breach or breaches of terms conditions in respect and of which he intends to terminate the agreeme in case the purchase nt and r default in remedying such breach or breach the specified period aft es within er giving of such notice . Provided further tha t upon termination of this agreement aforesaid, the Vendor as shall refund to the purch aser the installments price of the said flat, of sale which may till then hav e:.been paid by the Pu to the vendor without rchaser interest after deducting the expenses incurred the termination of this . After agreement, the vendo r shall be at liberty to off and sell the said pre dis pose mises to such person and at such price as the ..-- -~ - - - · • ·•-· ---··-·--- ...-- -- -- ·· - ____ __ ,__..... __ __...,_ .9 ... vendor may in his absolute discretion thi nk fit. Upon termina agreement, the purch tion of this aser shall handover the document receiv to the vendor and ed by them furthe~ agrees to reg ister the cancellatio refund of the amount n deed. The by the vendor and ret urning of the docume purchaser shall be sim nts by the ultaneous. 11) The vendor shall giv e possession of the purchase on or befor said flat to the e December 2024. Provided tha t the ve ndor shall be entitled the time for giving the to reasonable exten sion of delivery of said flat lat er than the aforesaid the completion of the date, if building is delayed on account of : a. non-availability of ste el, cement, other buildi ng materials, water or ele ctric supply, b. War, Civil Commotion or act of God, c. Any notice, order, rul e, notification of the Govt. and/or other public or competent authority. d. An y act bey(?nd the control of the vendor. If the construction cannot be completed within the said perio account of acts he d on reinbefore referred, then the purchaser purchaser wants to ma y, if the cancel and terminate this agreement and to wa it further till co do no t want mpletion of the buildi ng, the purchaser ma the ve nd or to refun y call upon d the consideration and amount paid agreement and the under this vendor on deducting the expenses, if any, sum on payment of refund the simple int ere st@ 9 % p.a. on such refun is entitled to deal wit d, the vendor h and dispose of the said flat as deems fit. 12) Th e purchaser shall receive actual posse only on payment of ssion of the said fla all s~·ms to be paid t under this Agreeme the vendor. If the nt are paid to sums to be paid by the purchaser remain demand, the vend unpaid on or shall terminate an d cancel this agree further agreed tha t ment. It is if there is dispute ab out how the delivery should be given, the of possession n the purchaser is entitled to ask for the mo ne y ( after deducti refund of ng the expenses of ve ndor) without interest : 13) It is further agreed by the vendor that; a. if within fiv e years from the date of the an y structural defec possession, there is t brought to the notice of the vendor by the purchaser, .10 ... necessary repairs sh all be carried out by the vendor. b. it is further made cle ar that the ~endor is reasonable wear and not responsible for tear of the flat. c. it is further agreed that as regards stand opinion of the appoint ard of material, ed Architect shall alway 14) s pre vail. The purchaser shall us e the said flat or perm used for residential pu it the same to be rpose, without creatin g ~uisance of any kind. 15 ) The purchaser agree s and undertakes to from time to time the sign and execute applications, affidavits membership and oth for registration and er papers and the docu / or and reg • t t· me nts necessary for formatio 1s ra ion of the so • n ciety or association (A .0. A. 0.) . The vend of apartment owners or of the project state that no objection shall by the purchaser, if an be taken y changes or modifica ti~ns are made in bye-l may be required by aws as the Registrar of Co. op erative Societies or an Competent Authority y other . The purchaser als o gives their consen provision of rules an t for the d bye-laws being includ ed for the protection of the vendor for un of rights sold premises. The purchaser agrees to share, proportionate pay their expenses for formatio n and registration of A.O.A.O., and the do society / cuments to be prepared tti~reunder. 16) It is agreed by and be tween the purchaser an even though the socie d the vendor that ty or A.O.A.O. is forme d earlier, still the conv of the said property sh eyance all be executed and reg istered after the whole constructed areas are of the sold and whole of the consumed by the ve FS I of the pro pe rty is ndor. The purchaser, if wants to get the co of the said flat, the pu nv ey ance rchaser will get individ ual sale deed execute said fla t at their own d for the costs. 17) Commencing a week after notic~. in writing vendor to the purchas is given by the er that the said flat is ready for use and oc the purchaser shall cupation, be liable to bear and pay outgoings in res said flat namely loc pect of the al taxes, or such oth er levi~s by the conc authority and / or go erned local vernment, water charg es, electricity charges 18) Th e purchaser him . self / herself. with int ention to bring all persons ·into whose hands the said flat may· come do hereby cove with the ve nd or as fol . nant low s:: a) To maintain the said flat at their o~ n cost . in good tenantable d d·t·,on fro m the repair an con ' date of possession of the said flat is taken . and shaII not do or suffered to be done anything in . . . or to the building in .......- -- ·- · --- --- - .. - -·~ ----· - __.. ____ ---· ----- ----· --- ---- ... ..--- ----- 4'•- --··- -·-·- ----- --..,- - .11 ... which the said flat is sitl!ated, and shall not in any manner cause damage to the premises or part thereof or the parts of the flat. b) To carry at h\s / her own cost all internal repairs to the flat and maintain the same in the ~ame conditions , state and order in which it was delivered by the Vendor to the purchase r and shall not do or suffering to be done any thing in or to the building in which the said flat is situated and carry out all instructions may be given by the concerned Local Authority under the rules and regulation s and bye laws thereof. And in the event of the purchaser co_mmitting any act in contravention of the above provision, the purchaser shall be liable and responsible for consequences thereof to the concerned local authority and / or other Public Authority; c) Not to demolish or cause to be demolish ed the said premises or any part thereof and shall keep the portio n, sewers, drains, pipes, in the said flat and appurten.ances thereto in good, tenantable repair and condition. d) Not to store any goods which are haza rdous, combustible or dangerous nature or storing of which good s is objected by the concerned Local Authority or other Authority and shall not carry on or caused to be carried any kind of other business or profe ssional activity which will affect the peace and tranquility of the occupiers of neighboring flats.; e) Not to allow to be thrown the dirt, rubb ish, rags, garbage or other refuse or permit same to be thrown from the said flat in the compound or any portion. f) To bear and .pay the local taxes, wate r charges, insurance, N.A. tax and other such levies, if any, which are imposed by the concerned local authority and / or Gove rnment and / or other Public Authority and pay the said amounts punc tually. i) The purchaser shall not let, sub-let, trans fer, assign or part with their interest or benefit factor of this agreement or part with the possession of the said fl~t until all the dues payable by the purchaser to the Vendor under this Agreement are fully paid. 19) Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise or assignment in law of the said plot or the said plot and building or any part thereof. The purchasers shall have no claims, save and except in respect of the said flat agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, recreation .12 ... spaces etc •• will remain the prop erty of the vendor to allot the lawn areas, parking areas, garages exclusiv ely to the owners of the con cerned apartment. The purchaser shall not raise any objection therefore. 21) .. The Vendor shall have a right and paramount lien and charge on the said premises in respect of any amount not paid by the purchaser under the terms and conditions of this agreement. 22) If the purchaser neglects, omit ~ or fails for any reason whatsoever to pay to the vendor any part of the amount due and payable to the vendor by the purchas er under the terms and conditio ns of this agreement (whether before or after the delivery of possession ) within the time limit specified or if the purc haser shall in-~any other way fails to prefer or observe any of the covenan ts and stipulations herein con tained or referred to, the vendor shall be entitled to re-enter upon and resu me the possession of the said premises and everything whatsoever ther ein and this agreement shall cease and stand termiri_~ted subject to the clauses mentioned above. The purchas er herein agrees that on the ven dor's re- entry on the said premises as aforesaid, all the rights, title, and interest of the purchaser in the said prem ises and under this agreement shall ceas·e and that the purchaser shall also be liable for immediate ejec tment as trespasser. 23) If the purchaser is desirou s -to obtain loan from any Corporation or Financial Inst itution then it .'.Nill be the liab ility of the purchaser to make the same available and also to bear all the expenses for additional copies of plan s, agreements, certificates and property described in the schedule II to be purchased by the purchaser shall only be encumbered with the liability of the loan. 24) The purchaser hereby covena nts ·with the vendor to observe and perform the covenants, con ditions contained in this agreeme nt and to keep the vendor indemnified against the said yay men t and observance and performance of the said covenants and conditions exc ept so far as the same ought to be observed by the vendor.' 25) Any delay tolerated or indulgen ce shown by the promoter in ., ___ ___ _ ....--- --- -·~ -- •• ...-~-- --·---------· .... --- -- ---- .-- --------- - ··- --- ------· .. ----- -·---- ---·-- ---· .13 ... enforcing the terms of this agreement or any forbearance or giving of time to the purchaser by the Vendor shall not be constructed as waiver on the part of the Vendor of any of any breach or non compliance of any of the terms and conditions of this agreement by the purchaser nor shall be made in any manner prej_udice to the rights of the Vendor to terminate this agreement. 26) The purchaser shall present this agreement as well as the conveyance at the proper registration office, within the time limit prescribed by the registration Act and the Vendor will attend such office and admit execution thereof. 27) All notices to_be served on the purchaser as contemplated by this agreeme nt shall be deemed to have been duly served if sent to the purchaser, by registered post A.D./Under certificate of posting at his/ her address written in the title clause. Any change of the purchaser's address should be made known to the vendor by the purchaser. 28) The terrace on top of the building & balance F.S.I. along with any additional F. S. I. & t. D. R. made available to the entire property of the vendor and he and _his family members shall have the exclusive right to construc t this additional F. S. I. and to sell and dispose off same to any person, firm, institution on such terms, conditions as deemed fit by the vendor. The person or c~mpany to whom the terrace is allotted shall be accepted as a member of the Association. The purchaser shall not raise any objection therefor. 29) The purchaser further agrees that if the construction could not be complete d within th~ specified time on account of the acts beyond the control of the vendor then the purchaser hereby agrees and undertakes to pay the following amounts: - a. The difference as on account escalated price of building material and labor charges and decision thereof will be given by the Architec t of the Vendor•• The additional taxes or New taxes imposed by the Central b. Governm ent, state Goverfim ent or any Authority on this transaction. .1:_· ... 30) This agreement shall always be subject to the . . provisions of the Maharashtra Ownership Flats Act 1963 or the provisions of Maharashtra Apartment Ownership Act, 1970 or the Maharashtra Co. operative Society Act 19~9 and rules made there under. 31) So also the one car parking allotted for four wheeler and 2 motor cycle parking allotted to respective flat owner, the flat owners having four wheelers shall not entitled to park their four whee ler in the two wheeler parking, which is reserved for two wheelers. If purchaser required extra parking for car or two wfleeler he will be pay extra amount to the vendor. 32) The owner of flat No. 38 is entitled to use the top terrace area adm. 120.76 sq. mtrs. ~n flat No. 38 and have exclusive ownership right over the said terrace area. No other owners shall raise any objection or right in future on said area. 33) All expenses pertaining to stamps, regis tration fees, legal expenses, advocate fees, typing, Xerox etc. has been born by the vendor/builder alone. THE FIRST SCHEQ1JLE OF THE SAID PROPERTY : -- All that piece an~ parcel of the land of non agriculture tenure, bearing Plot No. 1 & 2 total area Adm. 1233.75 sq. mtrs. from and out of S. No. 204/13+14 situated at Mhasrul Tai. & Dist. Nashik, within the limits of Registration am~ Sub-registration Distri ct Nashik, within the limits of Nashik Municipal Cocporation, the said plots are jointly bounded as follows: On or towards By. East 9 mtrs. Colony Road. West 9 mtrs. Colony Road. South 30 mtrs. D.P. Road. North Plot No. 3 & 4 THE SECOND SCHEDULE OF THE PROPERTY REFERRED TO ABOVE. All that piece and ~arcel of constructed prope rty, constructed on plot mentioned in the first schedule bearing Flat No. area Adm. sq. mtrs. carpet alongwith Balcony area Adm. sq. mtrs carpet on ' floor, consisting of Bed + Hall + Kitchen + Bath, W. C. + Balcony in the building known as Tulsi Ratna Apar tment and bounded as follows: I .15... All that piece and pa.reel of constructed property constructed on plot mentioned in the first schedule bearing Flat No. ----(-- ---)Ad m ------·- -- sq. mtrs. Carpet + Bafcony area Adm. Sq.mtrs. on ----- ---·· - Floor, in the building ~nown as Tulsi Ratna Apartm ent and bounde d as follows: On or toward s By East West South North ANNEXURE : AMENITIES 1. The structure shall be RCC frame. 2. External brickwork will be of 6" thick and internal brick work will be of 4" thick, shall be sand faced cement plastered outside and internal walls shall Neru plastered. 3. Allotted parking finished with paver blocks or tiles. 4. Lift Available .. 5. Casing and Capping electrification with modular switches. 6. 7. 8. 9. Marble Kitche~ platform with SS Sink. 10. Powder coated Aluminum sliding windows with Mosquito net shutters and safety MS Grill. 11. Flush Door shutters with CP fittings. 12. Standard san!~;:iry wares in toilets with CPVC Fittings. 13. Overhead and Underground Water Tank IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS AND SEALS ON THE DAY, MONTH & YEAR MENTIONED HEREINBEFORE. SIGNED,SEALED & DELIVERED by within named V~ndor Tulsi Construction , ... Through its Partner : Mr. Sandeep Tulshiram Patil .16 ... SIGNED,SEALED& DELIVERED by with inn am ed Purchaser Mr. / Mrs. In presence of Witnesses :: 1.---------------------- 2.-- --- --- --- --- -- ·- -- -- -- ~ -- -- -- -- --