AGREEMENT FOR SALE This Agreement for Sale of Flat is made and entered into at Panvel on this _____ day of _________ in the year 2017. M/S. V. R.REALITIES a Partnership firm, duly registered under the Indian Partnership Act, 1932, through its Partners 1)MR.VALJIBHAI KHETABHAI SANDHA 2) MRS. DEVIBEN VALJIBHAI SANDHA 3) MR. RAHUL NAMDEO PATIL AND 4) MR. VAIBHAV NAMDEV PATIL having office at Office No.123, 1ST Floor, Shiv Centre Co-operative Premises Society Ltd., Sector No.17, Vashi, Navi Mumbai, hereinafter referred to as the “DEVELOPERS” (which expression shall where the context so admits, be deemed to include the partner/partners for the time being of the said firm, the survivor/survivors of them, the heirs, executors, administrators of the last surviving partner and/or his/her/their assigns) of the PARTY OF ONE PART. ..2 -2- AND _________________________________________________________________________________________ adults, Indian Inhabitants, residing at _____________________________________________ _______________________________________, hereinafter called 'THE PURCHASERS' (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their heirs, executors, administrators and assigns) of the Other Part. 1) AND WHEREAS 1)MR.MUNIR AHMED ANSARI,2)MR.JAVED MUNIR AHMED ANSARI 3) MR. ARIF MUNIR AHMED ANSARI AND 4)MS. PARVEEN S. DESAI were the lawful owners of non agricultural land bearing Survey No. 808, admeasuring about 76.9 sq. mtrs, CTS No.808/1, admeasuring about 45.1 sq. mtrs, CTS No.808/2, admeasuring about 43.5 sq.mtrs, CTS NO.808/3, admeasuring about 23.4 sq.mtrs, CTS No.808/4, admeasuring about 13.4 sq. mtrs in all admeasuring 202.3 sq.mtrs lying, Situated at Village Panvel, Tal. Panvel, Dist. Raigad (hereinafter referred to as the said Land) 2) By Deed Of Sale dated 27.2.2013 made and executed between 1)MR.MUNIR AHMED ANSARI,2)MR.JAVED MUNIR AHMED ANSARI 3)MR. ARIF MUNIR AHMED ANSARI AND 4)MS. PARVEEN S. DESAI on one part and M/S.V.P.S. DEVELOPERS through its Partners 1)MR. PRADIP M. SACHDE 2) MR. VILAS N. MHATRE 3) MR. VIJAY S. MANGE 4) MR. JIVRAM B. BHANUSHALI 5)MR. RAJENDRA P.PAKHARE AND 6)MR.JITENDRA P. PAKHARE on the second part, the said Shri. Kashinath Bama Patil and 1)MR.MUNIR AHMED ANSARI,2)MR.JAVED MUNIR AHMED ANSARI 3)MR. ARIF MUNIR AHMED ANSARI AND 4)MS. PARVEEN S. DESAI has sold and transferred all their right, title and interest in the said land to M/S.V.P.S. DEVELOPERS through its ..3 -3- Partners 1)MR. PRADIP M. SACHDE 2) MR. VILAS N. MHATRE 3) MR. VIJAY S. MANGE 4) MR. JIVRAM B. BHANUSHALI 5)MR. RAJENDRA P.PAKHARE AND 6)MR.JITENDRA P. PAKHARE. 3) The said Sale Deed made and executed between the parties is duly registered with the Jt. Sub Registrar Panvel-5 on 27.2.2013, under document sr. no. PVL-5/1085/2013. 4) AND WHEREAS 1) Mr.Pradip M.Sachade and 2) Mr. Vilas N. Mhatre Partner of M/s.V.P.S. Developers release their share to other partners on 2.7.2014 and the said Release deed was duly registered vide Document No.3376/2014. 5) AND WHEREAS M/S.V.P.S. DEVELOPERS through its Partners 1) MR. VIJAY S. MANGE 2) MR. JIVRAM B. BHANUSHALI 3)MR. RAJENDRA P.PAKHARE AND 4)MR.JITENDRA P. PAKHARE sold and transferred the said land to the M/S. V. R.REALITIES a Partnership firm, duly registered under the Indian Partnership Act, 1932, through its Partners 1)MR.VALJIBHAI KHETABHAI SANDHA AND 2) MRS.DEVIBEN VALJIBHAI SANDHA 3) MR. RAHUL NAMDEO PATIL AND 4) MR. VAIBHAV NAMDEV PATIL. 6) By Kharedi Khat dated 27.11.2015 made and executed between M/S.V.P.S. DEVELOPERS through its Partners 1) MR. VIJAY S. MANGE 2) MR. JIVRAM B. BHANUSHALI 3)MR. RAJENDRA P.PAKHARE AND 4)MR.JITENDRA P. PAKHARE on one part and M/S. V. R.REALITIES through its Partners 1)MR.VALJIBHAI KHETABHAI SANDHA AND 2) MRS.DEVIBEN VALJIBHAI SANDHA 3) MR. RAHUL NAMDEO PATIL AND 4) MR. VAIBHAV NAMDEV PATIL of the Second Part and the same was duly ..4 -4- registered vide Registration Receipt No.16638 Document No.Pawal4- 14877-2015 Dated 27.11.2015. 7)As Such M/S. V. R.REALITIES through its Partners 1)MR.VALJIBHAI KHETA SANDHA AND 2) MRS.DEVIBEN VALJI SANDHA 3) MR. RAHUL NAMDEO PATIL AND 4) MR. VAIBHAV NAMDEV PATIL is the lawful Developer of the said land. 8)AND WHEREAS this agreement shall be subject to rules contained in REAL ESTATE (REGULATIONS AND DEVELOPMENT) ACT, or any amendment there in or any re-enactment thereof from time to time or any law as applicable from time to time. 9)The Developers in order to carry out development over the said property had submitted to the Panvel Nagar Parishad, Panvel, plans for the Buildings and the Developers has obtained the following sanctions/ permissions for the purpose of carrying out the development/ construction of the said buildings/Complex on the said Property. 10)The said Plot is earmarked for the purpose of building a residential project consisting Ground + 4 Floors and the said Building known as “SHANTI PARK”. (hereinafter referred to as the said Building). 11)AND WHEREAS the Purchaser/s is offered a Flat bearing number _____ on the ____ floor, (more particularly mentioned hereinabove) being constructed on the said plot, by the Developers 12)AND WHEREAS the Developers have entered into a standard Agreement with an Architect registered with the Council of Architects and such ..5 -5- Agreement is as per the Agreement prescribed by the Council of Architects and also have entered into standard agreement with RCC Consultant. 13)AND WHEREAS the DEVELOPERS have entrusted the architect works to "ABRAR S. KHAN”, (hereinafter called "The Said Architect”) & RCC works to “______________________ ”, (hereinafter called "The Said RCC Consultant”) to develop, design and lay down specifications for construction of the building on the said plot. 14)AND WHEREAS the Developers has registered the Project under the provisions of the Act Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at No. ___________ Dated : ____________. 15)AND WHEREAS by virtue of the Lease Agreement/Tripartite Agreement/ Commencement Certificate the Developers have sole and exclusive right to sell the said Flat in the said building to be constructed by the Developers on the project land and to enter into Agreement with the Purchaser/s of the Flat to receive the sale consideration in respect thereof. 16)AND WHEREAS the Purchaser herein has demanded from the Developers and the Developers have given inspection to the Purchaser/s, of all the documents of title relating to the said project and also the plans, designs and specifications of the said building prepared by the Architect and of such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “The said Act”) and rules and regulations made there under. -6- 17)AND WHEREAS the Purchaser has inspected all the title, Deed including approved plans as prepared by the Architect in the office of the Developers and satisfied himself. 18) AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority and according to which the construction of building is proposed to be provided for on the said project have been annexed hereto and marked as ‘Annexure C’ 19)AND WHEREAS The authenticated copies of the plans and specifications of the Flat agreed to be purchased by the Purchaser/s, as sanctioned and approved by the local authority have been annexed hereto and marked as ‘Annexure D’ 20)AND WHEREAS The Developers have got the approvals from the concerned local authority 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 time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. 21)AND WHEREAS While sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Developers while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. ..7 -7- 21)AND WHEREAS the Developers have accordingly commenced the construction of the said building/s in accordance with the said proposed plans. 22)The Developers are lawful owners of the said flat and offering residential flats on ownership basis to the Purchaser/s. 23)AND WHEREAS On satisfying himself about the plans, Deeds, documents etc. and satisfying himself of the title of Developers the Purchaser/s has applied to the Developers for allotment and hereby agreed to Purchase Flat No.____ on ________ Floor being constructed on the said Plot. 24)AND WHEREAS the carpet area of the said Flat is ______ square meters and “carpet area” means the net usable floor area of an Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat for exclusive use of the Purchaser/s or verandah area and exclusive open terrace area, appurtenant to the said Flat for exclusive use of the Purchaser/s, but includes the area covered by the internal partition walls of the Flat. 25)AND WHEREAS the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; 26)AND WHEREAS Prior to the execution of these presents the Purchaser/s has paid to the Developers a sum of Rs.___________/- (Rupees____________ ___________________ only), being part payment of the sale consideration of ..8 -8- the Flat agreed to be sold by the Developers to the Purchaser/s as advance payment or Application Fee (the payment and receipt whereof the Developers both hereby admit and acknowledge) and the Purchaser/s has agreed to pay to the Developers the balance of the sale consideration in the manner hereinafter appearing. 27)AND WHEREAS Under section 13 of the said Act the Developers are required to execute a written Agreement for sale of said Flat with the Purchaser/s, 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 Developers hereby agrees to sell and the Purchaser/s hereby agrees to purchase the said Flat. 28)The Purchasers have agreed to acquire from the Developers residential Flat No.____ in “_____” Wing on the ____ Floor in the said Building known as “SHANTI PARK” being constructed on the said project land for consideration and on the terms and conditions as set out hereafter and the parties hereto are executing this Agreement as required under the Real Estate (Regulation and Development) Act, 2016. NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED DECLARED AND CONFIRMED BY AND BETWEEN THE PARTIES HERETO AS FOLLOW: 1.The Developers shall construct the said building/s consisting GROUND + 4 upper floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time, provided that the Developers shall have to obtain prior consent in writing of the Purchaser/s in respect of variations or ..9 -9- modifications which may adversely affect the Flat of the Purchaser/s except any alteration or addition required by any Government authorities or due to change in law. 2. The Purchaser/s hereby agrees to purchase from the Developers and the Developers hereby agree to sell to the Purchaser/s Flat No. _____, _____ Floor, admeasuring about ________ Sq. Ft. Carpet Area, F.B. Area in the building known as "SHANTI PARK" being constructed on Survey No. 808, admeasuring about 76.9 sq. mtrs, CTS No.808/1, admeasuring about 45.1 sq. mtrs, CTS No.808/2, admeasuring about 43.5 sq.mtrs, CTS NO.808/3, admeasuring about 23.4 sq.mtrs, CTS No.808/4, admeasuring about 13.4 sq. mtrs Situated at Village Panvel, Tal. Panvel, Dist. Raigad, hereinafter referred to as "the Flat") for the total consideration of Rs.________________/- (Rupees_____________________________ ________________ only) which is more particularly described in the Second Schedule annexed herewith. 3.The Purchaser/s has paid on or before execution of this agreement a sum of Rs._____________________/- (Rupees __________________________________________ ________________________only) as advance payment or application fee and hereby agrees to pay to the Developers the balance amount of Rs.__________________/- (Rupees ________________________________________________ _______________ only) as per payment schedule annexed hereto and marked as Annexure ‘E’ (Time being essence of contract). ..10 -10- Annexure – I SCHEDULE OF PAYMENT Sr. No. Particulars Percent 1. As initial Booking and Deposit on or before 20% issuing reservation letter 2. On completion of plinth 15% 3. On completion of the 1st Slab 10% 4. On completion of the 2nd Slab 10% 5. On completion of the 3rd Slab 10% 6. On completion of the 4th Slab 10% 7. On commencement of brick work 10% 8. On commencement of plaster work/ 10% plumbing work/tiling work /door fitting 9. On commencement of wiring work/ 3% wood work/painting work 9. On Possession 2% TOTAL 100% The Purchaser/s agrees to pay to the Developers, interest as specified in the Rule of REAL ESTATE (REGULATIONS AND DEVELOPMENT) ACT, on all the delayed payment which become due and payable by the Purchaser/s to the Developers under the terms of this Agreement from the date the said amount is payable by the Purchaser/s to the Developers The above consideration does not include various other charges, expenses more particularly mentioned in this agreement and the same shall be paid by the Purchaser/s over and above the consideration mentioned herein on their respective due dates. ..11 -11- 3(i) The Purchaser/s hereby confirms that the consideration and all payments under this agreement payable to the Owner/Developer is net and all other payments including Stamp Duty, Registration, Legal Fee, Sale Tax, Service Tax, VAT, L.B.T. , GST or any other Tax and all other payments, including all kinds of statutory payments and liabilities (whether payable as per present Law/s and/or as per future Law/s including any judicial view, review, interpretation and for reason/s whatsoever) for sale of the said Flat to the Purchaser/s herein shall be on account of the Purchaser/s alone and same shall be paid and/or settled by the Purchaser/s immediately along with payment of each installment without making the Owner/Developers herein liable/ responsible for the same in any manner whatsoever. In case of any delayed payment towards any and/or all taxes, duties, levies, cess etc. whether direct or indirect (including but not limited to Service Tax, VAT, GST etc.) by the Purchaser/s, the Purchaser/s shall be liable to pay any penalty that may be levied by such Authority along with interest @ 24% p.a. on the delayed payment to the Owner/Developers. 3(ii) The Total Price is escalation-free, save and except escalations/ increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/ Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/ order/rule/ regulation published/issued in that behalf to that effect along with the demand letter being issued to the Purchaser, which shall only be applicable on subsequent payments. ..12 -12- 3(iii) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Purchaser by discounting such early payments @ ____% per annum for the period by which the respective installment has been proponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Purchaser by the Promoter. 3(iv) The Promoter shall confirm the final carpet area that has been allotted to the Purchaser after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of 5 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 defined limit then Promoter shall refund the excess money paid by Purchaser 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 Purchaser. If there is any increase in the carpet area allotted to Purchaser, the Promoter shall demand additional amount from the Purchaser as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 3(v) The Purchaser authorizes the Promoter to adjust/appropriate all payments made by him/her 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 Purchaser undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. ..13 -13- 3(vi) It is also specifically agreed between the parties that vat/ GST shall be paid by the purchaser to the developer at the time of execution of the said agreement for sale. It is also agreed between the parties that GST/ service tax shall be paid by the purchaser to the developer at the time of propose installments. If there any Increase/Decrease in the GST/ Vat & Service Tax Rate it will be Bourne by the purchaser. Any other Taxes levied by Government which will be require to pay for this agreement will be paid by purchaser made by him/her 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 Purchaser undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 4.1. The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 4.2. Time is essence for the Promoter as well as the Purchaser. The Promoter shall abide by the time schedule for completing the project and handing over the said premises to the Purchaser and the common areas to the association of the Purchasers after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Purchaser shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations ..14 -14- under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. (“Payment Plan”). 5. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by him on the project land in the said Project and Purchaser has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 6.1. If the Promoter fails to abide by the time schedule for completing the project and handing over the said premises to the Purchaser, the Promoter agrees to pay to the Purchaser, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Purchaser, for every month of delay, till the handing over of the possession. The Purchaser agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Purchaser to the Promoter under the terms of this Agreement from the date the said amount is payable by the Purchaser(s) to the Promoter. -15- 6.2. Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Purchaser committing default in payment on due date of any amount due and payable by the Purchaser to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Purchaser, by Registered Post AD at the address provided by the Purchaser and mail at the e-mail address provided by the Purchaser, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Purchaser fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Purchaser (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Purchaser to the Promoter. 7. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular details to be provided by the Promoter in the said building and the Apartment as are set out in Annexure 'A', annexed hereto. -16- 8. The Promoter shall give possession of the said premises to the Purchaser on or before JULY 2019 with an extension in time thereof for six months or so. If the Promoter fails or neglects to give possession of the Apartment to the Purchaser on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Purchaser 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 for giving delivery of said premises on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of i) Non-availability of steel, cement other building materials, water or electric supply and labour; ii) War, civil commotion or Act of God; iii) Any notice, order, rule, notification of the Government and/or other public or competent authority/court. 9.1 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Purchaser as per the agreement shall offer in writing the possession of the said premises to the Purchaser in terms of this Agreement to be taken within 15 days from the date of issue of such notice and the Promoter shall give possession of the said premises to the Purchaser. The Promoter agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, ..17 -17- formalities, documentation on part of the Promoter. The Purchaser agree(s) to pay the maintenance charges as determined by the Promoter or association of Purchaser s, as the case may be. The Promoter on its behalf shall offer the possession to the Purchaser in writing within 7 days of receiving the occupancy certificate of the Project. 9.2 The Purchaser shall take possession of the said premises within 15 days of the written notice from the Promoter to the Purchaser intimating that the said Apartments are ready for use and occupancy: 9.3 Failure of Purchaser to take Possession of Said Premises: Upon receiving a written intimation from the Promoter as per clause 7.1, the Purchaser shall take possession of the said premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the said premises to the Purchaser. In case the Purchaser fails to take possession within the time provided in clause 7.1 such Purchaser shall continue to be liable to pay maintenance charges as applicable. 9.4 If within a period of five years from the date of handing over the said premises to the Purchaser, the Purchaser brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. ..18 -18- 10. The Purchaser shall use the said premises or any part thereof or permit the same to be used only for purpose of which it is sanctioned and approved by the municipal authorities. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 11. The Purchaser along with other Purchaser(s) of premises in the building shall join in forming and registering the Cooperative Housing Society or Association or a Limited Company to be known by “IRIS ” or such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Purchaser, so as to enable the Promoter to register the common organization of Purchaser. No objection shall be taken by the Purchaser if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. The Promoter shall take into consideration the factual aspect as regards the administration, management of day to day affairs of the constructed and completed building and shall form a time frame policy for formation and registration of the co-operative housing society or association or limited company and till such time shall call upon the purchasers who have acquired the flats to form an ad-hoc committee for carrying out the day to day administration and management of the said building in which the said premises is situated and shall render ..19 -19- their sincere and utmost cooperation to such ad-hoc committee till the formation and registration of the society or association or limited company. 11.1. The Promoter after formation and registration of such ad-hoc committee, its administration and management and with the cooperation and support of the purchasers in the building/s shall form and register the co-operative housing society or association or limited company and within three months of such registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Owners in the said structure of the Building or wing in which the said premises is situated and further the Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Owners in the project land on which the building with multiple wings or buildings are constructed. It is clearly brought to the notice and knowledge of the Purchaser herein that such formation of co-operative housing society or association or limited company and further its transfer of the building and the land underneath it shall always be executed by reserving the overall right, title, interest, possession, increases and incentives in future floor space index and proposed expansion in the scheme of construction as well tangible and intangible benefits, privileges, advantages accrued or to be accrued to the Promoter herein in the entire scheme of construction and such stipulations, covenants, rights and interest shall form an integral part of such transfer and ..20 -20- assignment. It is further clearly brought to the notice and knowledge of the Purchaser herein that such transfer and assignment shall not prejudice or cause any hardship, obstruction and hindrance to the Promoter in exercising all the right, title, interest, powers and authorities vested in them in respect of the said entire property, the future course of construction, along with increases, incentives in use, utilization, consumption of the floor space index as may be permitted by the municipal and planning authorites in respect of the entire property and every part thereof as well as their absolute right to sell such additional flats and units to any intending purchaser, enter into agreement, receive and appropriate the sale proceeds thereof and to nominate such purchaser to the membership of the existing cooperative housing society or association or limited company as the case may be without any recourse and consideration to the Purchaser, the cooperative housing society or association of limited company as the case may be. It is clearly agreed and assured by the Purchaser that the Purchaser is aware of the said contents and fact thereof and in confirmation thereof has granted his express and irrevocable consent for the same. 11.2. Within 15 days after notice in writing is given by the Promoter to the Purchaser that the Apartment is ready for use and occupancy, the Purchaser 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 Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the ..21 -21- management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Purchaser shall pay to the Promoter such proportionate share of outgoings as may be determined. The Purchaser further agrees that till the Purchaser's share is so determined the Purchaser shall pay to the Promoter provisional monthly contribution of Rs.____ per month towards the outgoings. The amounts so paid by the Purchaser to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 12. The Purchaser shall have to pay amount of Rs.----------------------------------- ------------------------ towards share money application, entrance, Fee of the Society, For Formation and Registration of Society, For deposit of proportionate share of taxes and other charges, For MSEB deposit, water connection charges, Towards the water connection and pump . All these expenses are included in the consideration amount of the Said Flat/ Shop. 13. The Purchaser shall pay to the Promoter a sum of Rs.__________ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and ..22 -22- the cost of preparing and engrossing the conveyance or assignment of lease. 14. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Purchaser shall pay to the Promoter, the Purchasers' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Purchaser shall pay to the Promoter, the Purchasers' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 15. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Purchaser as follows: i. The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; ..23 -23- iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by 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/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Purchaser created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said premises which will, in any manner, affect the rights of Purchaser under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said premises to the Purchaser in the manner contemplated in this Agreement; ..24 -24- ix. At the time of execution of the conveyance deed of the structure to the Association of Purchasers the Promoter shall handover lawful, vacant, peaceful, physical possession of the common area soft he Structure to the Association of the Purchasers; x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. 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 of the project land and/or the Project except those disclosed in the title report. 16. The Purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the said premises the Purchaser'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 suffer 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 said premises any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the ..25 -25- construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the said premises is situated, including entrances of the building in which the said premises is situated and in case any damage is caused to the building in which the said premises is situated or the Apartment on account of negligence or default of the Purchaser in this behalf, the Purchaser shall be liable for the consequences of the 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 Promoter to the Purchaser and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Purchaser committing any act in contravention of the above provision, the Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable ..26 -26- repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. 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 which 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 of the project land and the building in which the Apartment is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. viii. 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 Government and/or other public authority, on account of change of user of the Apartment by the Purchaser for any purposes other than for purpose for which it is sold. ix. The Purchaser shall not let, sub-let, transfer, 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 Purchaser to the Promoter under this Agreement are fully paid up ..27 -27- and necessary intimation is provided to the Promoter and no objection therefor is sought by the purchaser from the Promoter for such transfer and assignment. x. The Purchaser shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation 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 for the time being of the concerned local authority and of Government and other public bodies. The Purchaser shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use 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. xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Purchaser 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 buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Purchaser shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. ..28 -28- 17. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Purchaser as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or Association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 18. The Promoters shall be entitled to sell the premises in the said building for the purpose of using the same as bank, dispensaries, nursing homes, maternity homes, coaching classes and for other non- residential purpose and the Purchaser herein along with the other Purchasers shall not raise any objection for such non-residential use of the premises sold by the Promoters to the intending Purchasers. 19. The Purchaser has seen the layout of the proposed building and has agreed and understood the common amenities like common roads, drainage, sewers, water pipe lines, street lights etc., shall be the common property and shall be available for common use by all the buyers of the premises in the said buildings and accordingly the Purchasers of the premises in the said buildings and the different common organization will have unrestricted right of way in common spaces, roads and laying of pipelines, telephone and electric cables, sewerage and drainage line etc., 20. THE Purchaser shall be responsible for additional municipal taxes that may be levied by reason of the user of any permitted tenancy or leave and license agreement in respect of the premises allotted to the purchaser. ..29 -29- 21. IT is hereby agreed that the Promoters shall be at liberty to amalgamate and / or combine one or more plots of land adjacent to the said land and get the plan of the proposed building/s to be constructed on the land so amalgamated / combined sanctioned from the planning authority and in such event form and get registered cooperative housing society of all the flats purchasers in the said buildings and the Purchaser herein shall not, in any manner object the said right of the promoters. It is further agreed that in such event (purchasers of the adjacent land for the purpose of development) the Promoter shall be at liberty and / or entitled to grant a right of way from or through the said land for approaching (or of the better approach) to the adjacent lands those would be acquired with a view to developing them and the Purchaser herein shall not object the said right of the Promoter in any manner. 22. The Purchaser/s hereby declare and confirm that he / she have entered into this agreement, after reading and having understood the contents of all the aforesaid exemption order, building permissions, deeds, documents, writings and papers and all disclosures made by the Promoter to the Purchaser/s and with full knowledge and information thereof and subject to the terms, conditions and stipulations imposed or which may hereafter be imposed by the concerned town planning authority and all other concerned government bodies and authorities and also subject to the Promoter's right to make the necessary amendments, variations, modifications and / or changes therein and their right to avail, use, utilise, consume and exploit the entire balance and additional floor space index available on the said property as well as the transferable development rights as may be permissible by law and other benefits in F.S.I. on the said land. ..30 -30- 23. The Promoters have brought to the clear notice and knowledge of the Purchaser that during the course of development they shall sell, assign, mortgage, charge, encumber or otherwise deal with all or any of their rights, title, benefits and interest in respect of the said property, and / or the said building or any part thereof. The Promoter has brought to the notice and knowledge of the Purchaser that during the course of construction / development, the Promoter will avail and procure financial assistance, construction loan, cash credit facilities and other mode of monetary assistance and borrowing by mortgaging the property and the scheme of construction thereby creating charge, mortgage on the said property and the purchaser is aware of the same and the Purchaser shall not raise any objection or obstruction to such creation of charge, mortgage and raising the finance by the Promoter. However, such charge and mortgage shall be subject to rights of the purchaser under this agreement. The Purchaser further confirm and undertake that he will issue cheques of the installment as specified and in favour in the account banks and financial institutions as nominated and directed by the Promoter. However, such sale, assignment, mortgage, charge, encumbrance and raising of finance, monies for the development of the said property shall always be subject to the rights of the Purchaser/s under this agreement. 24. It is expressly agreed that the Promoter shall be entitled to put a hoarding and / or cable network station mobile phone set up or station on the said property or on the building to be constructed on the said property and the said hoardings may be illuminated or comprising of neon sign or such other type or mode as may be designed by the Promoter and for the purpose Promoter is fully authorised to allow temporary or permanent construction or erection in installation either ..31 -31- on the exterior or the said building or on the property as the case may be and the Purchaser agrees not to object or dispute the same. Necessary covenants, reservations in respect thereto shall be incorporated in the proposed conveyance. The Promoter or his nominees shall be exclusively entitled to the income that may be derived by display of such advertisement or installation of cable network or mobile phone station, at any time hereafter. The Purchaser shall not be entitled to any abatement in the price of the said premises or to object to the same for any reason and shall allow the Promoter, his agents, servants etc., to enter into the said property including the terraces and other open spaces in the building for the purpose of putting and / or preserving and / or maintaining and / or removing the advertisements and / or hoardings, neon lights or such installations etc., The Promoter shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the purchaser shall not raise any objection thereto. 25. 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 of the said Plot and Building or any part thereof. The Purchaser shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. ..32 -32- 26. Notwithstanding any other provisions of this agreement the Promoters has disclosed and brought to the knowledge of the Purchaser that it shall be at the sole and absolute discretion of the Promoter : a) to form a separate/combined co-operative housing society or limited company or condominium of apartment or any other body or bodies of Purchasers to be formed and constituted. b) to decide and determine how and in what manner the infrastructure including the common areas and amenity space, recreation garden, all other open spaces, layout or internal roads if any may be transferred and/or conveyed/ assigned/ leased. c) to provide for and incorporate covenant and restriction and obligations with regard to the provision of maintaining the infrastructure and common amenities including garden and roads as well as garden attached to the ground floor flats, if any. d) to decide from time to time to what extent the building/s along with land appurtenant to its transferred to the respective body formed. e) to decide from time to time when and what sort of document of transfer should be executed. f) to grant of right of access/way from and through the said property to the adjacent buildings and plots as well as the easement rights of the said property. g) to form a federation of all the cooperative housing societies to be formed in the said scheme of construction and to convey the said land and the building to a apex body. h) to execute the conveyance of the said property in parts, taking into consideration the divisions of property due to road and such conveyance and transfer of land will not be equivalent to the floor space index consumed in the construction of the building situated on the said land conveyed in favour of the society/ies. ..33 -33- and the Purchaser has clearly understood the same and in confirmation thereof has granted his / her clear, express, unequivocal and irrevocable consent for the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the Promoter herein 27. The Promoters have shown the layout of the entire property to the Purchaser and it is agreed and understood by and between the parties that taking into consideration the sanctioned layout the Purchaser covenant with the Promoters as under :- i) that as per the sanctioned plans and permissions, the open spaces are to be strictly kept unencumbered and unobstructed. ii) fencing, partition, retaining walls will not be constructed between the buildings. iii) Cable/drainage/telephone lines etc., should be allowed in open space of the building undertaken for development. iv) location of electric transformer/ sub-station shall be earmarked/ defined by the Architect of the Developers v) common amenities and the estimate thereof as well as proportionate share thereto shall be ascertained by the Architect of the Developer. vi) the execution of the external compound wall will be as per the design and specification of the architect of promoters and the elevation of the buildings shall not be changed or altered. vii) each building shall be maintained in good and proper condition along with the unobstructed right of access. viii) the Promoter shall have the option to form a separate co- operative housing society of the buildings undertaken for development and such society will become the member of the ..34 -34- Federal society of the said entire layout and the conveyance of the entire layout will be executed in favour of such Federal society and no separate conveyance will be executed in favour of any society. ix) it is clearly brought to the notice of the Purchaser herein and the Purchaser herein is clearly made aware that the Promoters have acquired the development rights of the land as described in the Schedule hereunder written however due to the certain reservations and / or set backs the area to be handed over and conveyed to the cooperative housing society and / or the corporate body will not be equivalent to the area of construction availed in the said buildings constructed on the said available land and the Purchaser herein will not raise any objection, hindrance or obstruction such execution of the conveyance and such execution of conveyance shall be executed taking into consideration the entire buildings constructed in the said property along with the right and interest in the common open spaces, playground etc., 28. BINDING EFFECT Forwarding this Agreement to the Purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Purchaser until, firstly, the Purchaser signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Purchaser and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Purchaser (s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its ..35 -35- receipt by the Purchaser and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Purchaser for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Purchaser, application of the Purchaser shall be treated as cancelled and all sums deposited by the Purchaser in connection therewith including the booking amount shall be returned to the Purchaser without any interest or compensation whatsoever. 29. ENTIRE AGREEMENT This Agreement, along with its schedules and annexure, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said premises as the case may be. 30. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties herein. 31. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT PURCHASERS 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 applicable to and enforceable against any subsequent Purchasers of the said premises, in case of a transfer, as the said obligations go along with the said premises for all intents and purposes. ..36 -36- 32. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 33. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Purchaser has to make any payment, in common with other Purchaser(s) in Project, the same shall be in proportion to the carpet area of the said premises to the total carpet area of all the said premises in the Project. 34. FURTHER ASSURANCES The Parties herein agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 35. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the -37- Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Purchaser, in after the Agreement is duly executed by the Purchaser and the Promoter or simultaneously with the execution the said Agreement shall be registered at the appropriate office of the Sub-Registrar. 36. The Purchaser and/or Promoter shall present this Agreement as well 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 will attend such office and admit execution thereof. 37. The Purchaser/s and Developers or his authorized signatory or power of attorney shall present this Agreement as well as the conveyance/ assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Purchaser/s and Developers or his authorized signatory or power of attorney will attend such office and admit execution thereof. 38. That all notices to be served on the Purchaser/s and the Developers as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser/s or the Developers by Registered Post A.D Name of Purchaser/s : _____________________ (Purchaser/’s Address) __________________________ __________________________ Developers Name: M/S. V. R.REALITIES (Developers Address) : Office No.123, 1ST Floor, Shiv Centre Co- operative Premises Society Ltd., Sector No.17, Vashi, Navi Mumbai. ..38 -38- 39. JOINT PURCHASER/S : That in case there are Joint Purchaser/s all communications shall be sent by the Developers to the Purchaser/s whose name appears first and at the address given by him which shall for all intents and purposes to consider as properly served on all the Purchaser/s. 40. STAMP DUTY AND REGISTRATION : Any charges towards stamp duty and Registration of this Agreement shall be borne by the Purchaser/s. 41. DISPUTE RESOLUTION :- Any dispute or difference between the parties in relation to this agreement and/or terms hereof shall be settled amicably. In case of failure to settle such dispute amicably, such dispute or difference shall be referred to the authority as per the provisions of RERA and the Rules and Regulations thereunder. 42. This agreement shall, to the extent they are statutory, always be subject to the provisions contained in Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under and any other provisions of Law Applicable thereto. 43. It is agreed between the parties / Developers of Survey No. 2, Hissa No. 3+5C, admeasuring about 0-21-8, Situated at Village Newali, Tal. Panvel, Dist. Raigad to jointly develop the common amenity space like open area, internal roads etc. All the flat owners on the above Survey Numbers will have right of access of the common amenities. ..39 -39- FIRST SCHEDULE HEREIN BELOW REFERRED TO DESCRIPTION OF THE FREEHOLD/ LEASEHOLD LAND AND ALL OTHER DETAILS THE FIRST SHCEDULE ABOVE REFERRED TO : All the piece or parcel of non agricultural land bearing Survey No. 808, admeasuring about 76.9 sq. mtrs, CTS No.808/1, admeasuring about 45.1 sq. mtrs, CTS No.808/2, admeasuring about 43.5 sq.mtrs, CTS NO.808/3, admeasuring about 23.4 sq.mtrs, CTS No.808/4, admeasuring about 13.4 sq. mtrs Situated at Village Panvel, Tal. Panvel, Dist. Raigad, and bounded as under : On or towards East by : On or towards West by : S On or towards South by : On or towards North by : SECOND SCHEDULE HEREIN BELOW REFERRED TO HERE SET OUT THE NATURE, EXTENT AND DESCRIPTION OF COMMON AREAS AND FACILITIES. SCHEDULE – II ====================================================== FLAT NO. FLOOR SURVEY NO. HISSA NO. 808 808/1, 808/2,808/3,808/4 ====================================================== PROJECT KNOWN AS: "SHANTI PARK" NODE : PANVEL, TALUKA- PANVEL, DISTRICT - RAIGAD, CARPET AREA IN SQ.MTRS : C.B., F.B., AREA IN SQ.MTRS. : ====================================================== BUILDING CONSISTS : GROUND +4 FLOORS (WITH LIFT) ====================================================== ..40 -40- IN WITNESS WHEREOF PARTIES HEREINABOVE NAMED HAVE SET THEIR RESPECTIVE HANDS AND SIGNED THIS AGREEMENT FOR SALE AT (CITY/TOWN NAME) IN THE PRESENCE OF ATTESTING WITNESS, SIGNING AS SUCH ON THE DAY FIRST ABOVE WRITTEN. SIGNED SEALED AND DELIVERED ) By the within named DEVELOPERS ) M/S. V. R.REALITIES through its Partners 1)MR.VALJIBHAI KHETABHAI SANDHA 2) MRS.DEVIBEN VALJIBHAI SANDHA 3) MR. RAHUL NAMDEO PATIL 4) MR. VAIBHAV NAMDEV PATIL ) In the presence of…… ) 1. _______________________________ ) 2. _______________________________ ) SIGNED, SEALED AND DELIVERED ) By the within named PURCHASER/S ) MR / MRS. ________________________ ) __________________________________ ) __________________________________ ) In the presence of…… 1. _______________________________ ) 2. _______________________________ ) ..41 -41- RECEIPT Received of and From the withinnamed PURCHASER/S_________ _______________________________, a sum of Rs.__________/- (Rupees _______________________________ Only) being the advance payment of Sale Price of FLAT being ====================================================== FLAT NO. FLOOR SURVEY NO. HISSA NO. 808 808/1, 808/2,808/3,808/4 ====================================================== PROJECT KNOWN AS: "SHANTI PARK" NODE : PANVEL, TALUKA- PANVEL, DISTRICT - RAIGAD, CARPET AREA IN SQ.MTRS : C.B., F.B., AREA IN SQ.MTRS. : ====================================================== BUILDING CONSISTS : GROUND +4 FLOORS (WITH LIFT) ====================================================== WE SAY RECEIVED, Rs. _______________/- M/S. V. R.REALITIES (Partner) Witnesses: 1) 2) ANNEXURE – II LIST OF AMENITIES 1. Flooring  24” X 24” Vitrified flooring in all room . 2. KITCHEN  Granite kitchen platform with S.S. Sink  Wall Tiles dado up to beam bottom 3. DOORS  Decorative Laminated Flush Main doors with wooden frame  Decorative Laminated Flush internal doors  Good quality brass Fixture & Fittings  Decorative Laminated Flush Bath & WC doors with Marble Molding frame 4. BATH & WC  Designer glazed tiles dodo upto beam bottom  Branded sanitary wares  Concealed Plumbing with premium quality C.P. Fitting 5. ELECTRIFICATION  Concealed Brand copper wiring & fittings  Provision of cable TV, Telephone in Living & Bedrooms  AC point provision in Bedrooms 6. WINDOWS  Powder Coated sliding windows with marble sill  Powder Coated glass Louvered window in Toilets 7. WALLS & PAINTS  Distemper paint on internal walls  Acrylic paint on external walls 8. WATER TANK  Under Ground and overhead water tank with adequate water storage capacity 9. TERRACE  Special Brickbat water proofing treatment with china chips. ALLOTMENT LETTER Date- To, __________________ _________________ ________________ Sub: Allotment of Flat No.“__________” in the building christened as "SHANTI PARK” being constructed on Survey No. 808, admeasuring about 76.9 sq. mtrs, CTS No.808/1, admeasuring about 45.1 sq. mtrs, CTS No.808/2, admeasuring about 43.5 sq.mtrs, CTS NO.808/3, admeasuring about 23.4 sq.mtrs, CTS No.808/4, admeasuring about 13.4 sq. mtrs Situated at Village Panvel, Tal. Panvel, Dist. Raigadand delivery of duly executed Agreement For Sale for the payment of stamp duty and lodging of registration thereof. Dear Sir, 1.This is to place on record that you have approached us to purchase a Flat in our project christened as "SHANTI PARK” being constructed on Survey No. 808, admeasuring about 76.9 sq. mtrs, CTS No.808/1, admeasuring about 45.1 sq. mtrs, CTS No.808/2, admeasuring about 43.5 sq.mtrs, CTS NO.808/3, admeasuring about 23.4 sq.mtrs, CTS No.808/4, admeasuring about 13.4 sq. mtrs Situated at Village Panvel, Tal. Panvel, Dist. Raigad (hereinafter called as ‘the Project’). After confabulations, deliberations and negotiations, you agreed to acquire a ____ BHK Flat bearing No. “________” in on ______ Floor (the ..2 -2- said flat) in the project for a lump-sum consideration of Rs._____________/-(Rupees________________________________________Only). The price of the flat has been reckoned on the basis of the carpet area only which is ________square mtrs. The Schedule of the payment is set out in the Agreement For Sale adverted to in the succeeding para 2. You have thus agreed to purchase and acquire and we have agreed to sell the said flat on the terms and conditions more particularly set out in the Agreement for Sale which we have executed with you and handed over the same to you for the payment of Stamp Duty and lodging the same for registration. A copy of the said Agreement is annexed for the purpose of record. 3. This is to further place on record that you have gone through the accompanying Agreement and acquainted yourself with our title to the land. You have also taken inspections of the documents, title deeds, approved plans, C.C. etc. which are specifically recited in the Agreement For Sale being annexed hereto. You have thus agreed to purchase the said flat on being fully satisfied with our title. 4. You are therefore requested to pay the Stamp Duty and lodge the original Agreement for Sale for registration. On getting intimation of the lodging of the said agreement with the Sub-Registrar’s Office, we will duly admit the execution thereof. 5.Please be informed that the payment of the instalments of the agreed consideration strictly in accord with the Schedule of Payment set ..3 -3- out in the Agreement for Sale is the essence of the contract and any default by you in paying the instalments as per the time-line shall be at the pain of the cancellation/revocation of the concluded agreement. Yours faithfully, I/We Confirm and Accepted