1mrmrumrutI Original ff39q. qr.rff .ga-3ell qr+& m, : ze+ nrdt ft{ 6arlq ft-ri6 ,o/otl2olg qRQc-q'sr q-f6qi6 13 ri ?fl t{qrsr r6n 6{R €Ms s.. tt {rfl drErr{ra itild d6 d-dcrdr I ;it4,fl ci 30000.00 l r6d (sr. 1r (r), !€io-fld r.6q (fl. r r(2)). l r20.00 Tuf{rd (ir. 12) s Erqrfurq (q. 13) -' \.6fu( d (56) III.'I s 3r 120.00 errqqrs d r, t B { q \t- (4LY 3t-t2-2012 hnps://\*e'w.shcilestamp con/eStamplndia-/submission'/SubmissionServlet?rDoAction' INDIA NON JUDICIAL Government of Maharashtra IK e..Stamp 4f #"t ir ,rlt,"n'l', ore on Of tno'a Ltd' w*affit ifdi r *\'1 @rfilcab tao. lN{raHl4t 77il}l@. 1011 r slJ €{ \( 5e- -3- letters ABCFGIMLIGJIHEDA in the attached site plan, more particularly described in the First Schedule herein under$.ritten and the tenements in the said structures are occupied by 21 tenants and the serial No.l of the Vendors is also in use, occupation and possession of certain premises, structures and dwellings units therein and certain premises are vacant and all the Vendors are well and sufficiently entiued to the same; AND WHEREAS the Vendors interse as per ttre mutual understalding reached amongst themselves decided to get the entire property developed and the Developers came to know about ttre same approached the Vendors and during the course of meetings ald negotiations the Vendors formulated, projected and depicted a scheme of construction which interalia envisaged the construction of : i) Bu[dfrg !Io. I consisting of basement, ground and one upper floor being a commercial buitding to be situated on the portion of land admeasuring 1281 sq. meters along with the open marginal spaces, right of ingress and egress and all other tangible afid intangible benefits of the entire property for the eflectual and beneficial enjolrment of the said property and every part thereof a;rd as shown on the plan annexed hereto by yellow colour and delineated by letters ADCDA hereinafter called and referred to as the ,'Retalned property,, more partictrlarly described in the Second Schcdule, the said building shall have tJ-e use, utilisation and potentiality of floor space index to the minimum extent of 1O63.65 sq. metres and further the benehts of increases in floor space index and transfer development rights as may be permitted by the lil s Dombivli Muricipal Corporation from time to as envisaged in t1le Development Control Rul same is hereinafter called and referred Retained Portion by Serial No. 1 of the V more particularly described in the Second E hereunder rerritten. il) Butldtng No. 2 consisting of stilt plus 17 uppei as showrr on the plan annexed hereto comprising stilt, podium level -. 1, podium level 2, podium level - 3, fourth floor to seventeenth floor with a proposed additional floor on the eighteenth floor on rJvised sanction and grant of floor space index transferable development rights based on the .ffi.q i{ recreation ground / spaces, being residentia.l be constructed on the portion of land Ezeb 10t 9 Ye- c -.-1,. \-) Y .1/ S, I hi -+- 12.rc.5o sq. metres shown on the pla]1 amexed hereto by ptal colour and delineated by Ietters DCFED along with the open marginal spaces, right of ingress and egress and all other tangible and intangible benefrts of the entire property for the effectual and benehcial enjoJ.ment of the said building and every part thereof as shown by bleck checkered llnes as shown in yellow colour in the retained property by serial no. 1 of Vendors and also along with recreationa.l garden spaces as shown on the plan alnexed hereto by gteen dots admeasuring 459.OO sq. mefes delineated by letters EFGHE thus totally admeasuring 1699.50 sq. metres i.e. shown by letters DCFGHEI) hereinafter called and referred to as the "Said Property" and more pa.rticu.la.rly described in the Third Schedule, the said building shall have the use, utilisation and potentiality of floor space index and transferable development rights, staircase floor space index to the maximum extent of 37l3.OO sq. metres proposed to be sanctioned by the Kalyan Dombivli Municipal Corporation which will interalia include the basic floor space index as well as tralsferable development rights, staircase floor space index and other permitted increases therein based on the revision in policy of grant of transferable development rights and other permitted increases pn-=- the recreatio n ground / spaces by the Kalyan Hltlll.s Municipal Corporation as per the Development Control Rules till casting of slab of the said Building No.2 and more described in the Third Schedule hereunder iii) Area affected after the proposed shifting reservation admeasuring 185O sq.metres letters HGITMLJIH as well as land allected Reservation admeasuri ng 129 sq. metres delineated letters LIGJL as shown on the plan Green colour and hatched lines in c ilrr lT q respectively thereon collectively delinea bhJrs t HGIIMLKJIH arld more particularly in the n2€:b iot? Fourth Schedule hereunder written. AND WHEREAS the pa.rties for the sake of go record have annexed the Proforma -1 o.a.Farral e \x< i Statement depicting the present availability of floor space index on t]"e building No. 1 and building No. 2 along with the tentative plans to be submitted to the Kalyan Dombivli Municipal Corporation and have also further annexed the proposed plan of availing and consuming tJ.e additional floor s14! Ef k -5 being the eighteenth floor on the said property for having the maximum use and utilization of the potentiality of floor space index, transferable development rights, staircase floor space index and permitted increases therein and the parties hereto on all grounds have ascertained and mutually decided on the consumption of 3713.00 sq. metres floor space on the building No. 2 being the residential building and 1063.65 sq. metres floor space index on the building No. 1 being the commercial and residential building as retained by tl.e serial No. 1 of the Vendors herein for his sole and exclusive ownership alrd occupation thereof al.ong with further increases therein without alfecting the agreed 3713.OO sq. metres floor space for building No. 2. AND WHEREAS in confrrmation of the above, the parties on sanction of the plans and permissions will notionally apportion the land admeasuring 1281.50 sq. metres (delineated by letters ABCDA ) retained by serial No. 1 of the Vendors for consumption of utilization of the commercial residential building (basement plus ground plus fir ! as the serial No. 1 of the Vendors may deem fit with further renewals and modifications therein submit the portion of land admeasuring L24O -5O as well as 459.00 sq. metres thus totally U 1699.50 sq. metres (delineated by letters DCFED collectively delineated by letters DCFGHED) being t property along with the building to be constructed the I consuming the maximum floor space index of metres consisting of stilt and 17 upper floors additional floor being eighteenth floor as p Development Control Rules and Regulations by E t Dombivli Municipal Corporation. t\.:i 6 1,,tl AND WHEREAS all the Vendors as per the development will submit the portion of ":tl-:.g' \t-' admeasr:ring 1699.5O sq. metres under the provisions of the Maharashtra Apartment Ownership Act, 1970 and the said building sha.ll have the use, utitsalion and potentiality of floor space index, transferable development rights and staircase floor space index to the maximum extent of 3713.00 sq. metres proposed to be sanctioned by the Kalyan Dombivli Municipal Corporation and the said declaration will also interalia contain the provision of right of access or road as shown on the plan for ingress and egress for the residential building by black checkered lines in yellow colour in the retained property and the said right of ingress and egress shall remain unintermpted, rmobstructed and open to sky absolutely and forever ald the same shall be used arrd s\! sf [* -6- utilizrd by aII the apartment owners in the building constructed on the land as mentioned in the third schedule along with the serial No.1 of the Vendors in whose favour the said tand described in second schedule is retained herein. AND WHEREAS with the above intention and as envisaged, provided and as interse mutually agreed and understood between the Vendors herein, the Vendors on sanction of plans and other requisite approvals and building commencement certificate, shall file the Deed of Declaration and in accordance w'ith the contents, covenarts, restrictions and stipulations as interalia provided in the said Declaration the flats and units will be sold by the Developers and / or the Vendors under the provisions of Maharashtra Aparunent Ownership Act and accordingly the development activities, rights, covenants, restrictions and facilities will be ascertained arrd in terms of the contents of the Declaration the Developers will develop the said property as described in the Third Schedule, reserving the rights and privileges as interalia provided herein. AND WHEREAS the Developers on tlle representa Vendors and relying on the plan as made available No. I of the Vendors to suit arrd faci.litate the in whole proposal, the Developers have agreed to development rights on the land described in Schedule hereunder written for construclion of bu N along with the maximum potentiality of floor s inclusive of Transferable Development Rights, S the extent of 3713.00 sq. metres arising out of property and in lieu of obtaining such development ffi= tha . '/ from encumbrances and doubts have agreed to monetary consideration as well as the consid to t}Ie Vendors in the manner agreed by them and f aPPearing. C AND WHEREAS the Developers have seen, ins verifred the proposed scheme of development, the reservations, setback a-reas, reqrrirement of shifting of line of reservation, retention of portion of property in Second Schedule by the Serial No. I of the Vendors and has considered its feasibility of sanction and approval as per the prevailing rules and regulations of the Kalyan Dombivli Municipal Corporation and all enactments and statutes as well as effectual completion of the building No. 2 as per the plans and permissions to be salctioned by the Kalyan Dombivli Municipal Corporation and after being satisfied about the feasibility of development to be carried out as per the above scheme of construction, the Developers have agreed JY fas I tl. 3f ff r to enter into t}.is agreement and shall always cooperate with the Vendors herein in their arrangement arld setflement as reached interse in retaining the land and potentiality of floor space index as well as compliances to be complied with from time to time taking into consideration the entire scheme of construction being a single development scheme, the Developers will follow the due process of law to obtain such approval from Kalyan Dombivli Municipal Corporation as proposed by Vendors and the Vendors will grant their sincere co-operation for the same. AND WHEREAS the parties hereto are desirous of reducing to writing tlle rmderstanding reached between them by executing this presents. lilow t E"elora thls agreenent pitn6ses dnd tt ts he"ew mutu(rllg agreed bg a,l1.d betueen t E pd,r'cies hereto as unde": 1. The recitals as contained hereinabove shall always form an integral part of this agreement and shall always be binding upon the parties hereto. 2. The Vendors do hereby collectively grant the development rights to the Developers in respect to Residential Building being Building No. 2 consisting of stilt plus 17 upper floors comprising of stilt, podium level - 1, podium level - 2, podium level - 3, fourth floor to seventeenth floor with a proposed additional floor on the eighteenth floor along with the open marginal spaces, right of ingress and egress and all other tangible and intangible benehts of the entire property for the effectual and benefrcial enjoyment of the said residential building and every part thereof as shown by black checkered Iines as shown in yellow colour in the retained property by Serial No. 1 of the Vendor and also along with recreational garden spaces as shown on the plal annexed hereto by piaL colour and grecn dots delineated by letters DCFGIIED hereinafter ca.lled and referred to as the "Sald Prolrerty" more particularly described in the Thlrd Schedule, the said building shall have the use, utilisation alld potentiality of floor space index and transferable development rights, staircase floor space maximum extent of 3713.00 sq. metres Kalyan Dombivli tion particularly descn written d itr i. e t ,-e-3 : lo?l g. I , 9e- .t \* -8- 3 In lieu of acquiring the development rights of the said property described in the third Schedule hereunder written, the Developers have agreed to provide the consideration to the Vendors in the following manner: A. Coasideratioa payable to thc Serlal No. 1 of the verdora Moneta-rJr consideration of Rs.2O,O0,OOO/- (Rupees Twenty l,akhs only) as well as one residential flat on seventeenth habitable floor admeasuring 131.37 sq.mts. carpet area plus other aJea 16.58 sq. mts plus attached open terrace 87.1{sq.mts. on ownership basis free of costs along with rdfd4 car parkings togerirer with usual amenities in building no.2, the details whereof are zrnnexed hereto and shown on the plan alnexed hereto ald out of such consideration, the developers have paid the alrrourrt of Rs. 20,0O,O00,/- ( Rupees TWent5r Lakhs only) by cheque No. 188480 dated 1O.12.2012 drawn on Oriental Bank of Commerce, Ka.lyan Branch to the serial No. 1 of the Vendors. B. Conslderatlon lraFblc to the SerisMo. 2 of the Vendors Monetar5r consideration of Rs.40,00,000/- ( Rupees Forty lakhs only) as well as four residential flats ownership basis free of cost and six ca-r parking r(. costs as follows: ei?t i) Flat No. 701 admeasuring 113.62 sq. m area plus other areas 17.93 sq. metres plus open terrace 21.23 sq. metres Seventh habitable floor along with one as shown in the attached plans. ii) Flat No. 702 admeasuring 113.62 sq. meters area plus other areas 17.93 sq. mehes cafpet area plus attached open terrace 21.23 sq. metres carpet area on Seventh habitable floor along wi .ope parking as shown in the attached plans. q1 =T iii) Flat No. 1001 admeasuring 134.44 T-- ? carpet zrrea plus other areas 23.83 .q uD -iol I carpet.rrea on Tenth habitable floor al car parkings as shown in the attached pl s.90 5t- iv) Flat No. 601 admeasuring 134.44 sq. me area plus other area 23.83 sq. metres carpet area on Sixth habitable floor along with two car parkings as shown in the attached plans (the flat No.601 and the said two pa-rking units will be acquired by serial S rl v. €T h, -9 - No. 2 of the Vendors along with the Serial No. 3 of the Vendors in joint names in equal shares). together with usual amenities in building no. 2 and the details whereof are amexed hereto ald shown on the plan alnexed hereto and the developers have paid ttre arnount of Rs. a0,00,00O/-( Rupees Forty lakhs only) by cheque No. 188477 dated 1O.12.2012 drawn on Oriental Bank of Commerce, Kalyan Bralch to ttre serial No. 2 of the Vendors. C, Consideration payable to the Serlal No. 3 of the vendora. Monetary consideration of Rs.40,00,OO0/ -(Rupees Forty lalhs only) as well as four residential flats on ownership basis free of cost and six car parkings free of costs as follows: i) FIat No. 801 admeasuring L13.62 sq. meters carpet area plus other areas 19.61 sq. mehes carpet area on Eighth Habitable Floor along with one car parking as shown in the attached plans. ii) Flat No. 802 admeasuring 113.62 sq. meters carpet zrrea plus other areas 19.61 sq. metres carpet area on Eighth Habitable Floor along with one car parking as shown in the attached plans. iii) Flat No. 1002 admeasuring 734.44 sq. meters carpet area plus ot-her arrea 23.83 sq. metres carpet area on Tenth Habitable Floor along \dth two car parkings as shown in attached plans. I 0lNI.S iv) Flat No. 602 admeasuring 734.44 sq . meters area plus other areas 23.83 sq. metres on Sixth Habitable floor along with two car as shown in the attached plans (the said 2 and the said two car parking units will be d by serial No. 3 of the Vendors along with t of the Vendors in joint names in equal shares) a I together with usual amenities in building no. 2 and details whereof a-re arnexed hereto and shown on the plarr annexed hereto arld the developers have paid tlle amount of Rs.40,0O,000/-( Rupees Fort5r lakhs only) by cheque No- 188478 dated !O.12.2O12 Barrk of Commerce, Kalyal Branch to the Vendors. :t+F o B'*t trR {,.& €_3 roi I .r1 \e- S ST ){, \,J Le $' v"- -10- 4 The Vendors hereby declare a:rd undertake that: (i) They are well and sufficiently entitled to the said property arld their title to the said propert5r is clear arrd marketable and free from the encrrmbrances arrd doubts and they shall obtain the consent and confirmation of the persons having legal right, claims whatsoever and interest in the said property if any. (ii) They have not created aly encumbrances like Agreements, Exchaflge, Mortgage, Trust, Gift, Lien, Possession, Lease except the tenancy rights mentioned in the recita-ls as contained hereinabove. (iii) They shall clear a.1l defects, if any, at their own costs and expenses to effectuate legal arrd perfect transfer, assignment and vesting of the development rights in respect of the said property as described in the Third Schedule in favour of the Developers as envisaged herein. (w) They shall pay the taxes, cesses, or other charges levied from time to time by Government, Semi- Government or other local authority in respect of the said property till the execution of this agreement. (v) Effectuate the survey, measurement INI S demarcation of the entire property and boundaries thereof. (vi) No notice of requisition or acquisiti whatsoever nature under the ULC Act, 1 Acquisition Acts, MMRD Acts and/or other been received and/or served on the vendors mortgage, charge, lien or alry other encumb has been created or is in existence Erny way restricting ard/or limiting their rights property more pa-rticula-rly mentione EE q schedule hereunder written and/or in e et\ot any part thereof and further that the Ven not raised any loan or advances against iDtl the entire property or ally part thereof. ')- jt- (vii) That the entire property falls in the resid of the Kalyan Dombivli Municipal Corporation a.IId except tJ:re area reserved for garden and Road Setback, there are no leservations of any nature on the said property arrd the entire property is not a subject matter of any acquisition or requisition. a S. v. j..1- s,r k2 +v -11 - (I.iiilNo right of way passing through the said property is gra-nted to any third party and no one has arry easement right either by way of pre-exemption or otherwise over the entire property. (ix) The entire property is free from any attachment from income tax and/or wealth Tax and/or any other liabilities and no Tax liability is pending against the entire property. (x) That the entire propert;r has a clear and legal access from the existing municipal road and t-hat out of such access, the serial No. 1 of the Vendors sha.ll grant the right of access / way as shown on the plal annexed hereto from the retained property described in the Second Schedule to the property described in the Third Schedule hereunder written for its beneficia.l use arrd enjoJrment. (xi) That no material facts affecting the title of the said property is concealed or hidden thereby jeopardizing the interest of tJle Developers. 5 It is agreed arrd understood between the parties that on sanction of the building plans and glant of building commencement certihcate by the Katyan Dombivli Municipal Corporation, the Vendors shall immediate file the Declaration interalia providing the conte INI S the scheme of development and specifying the scope and extent of construction to be submi the provisions of the Maharashtra Ownership Act, 1970 and only on frling and of such declaration by the Vendors, the V the Developers shall be entitled to register for sale to ttreir respective intending purch the agreement of such sale of apartments / units strictly interalia include all the contents, terms, conditions, stipulations, covenants and restri tions of the declaration. The Developers are well and n entitled to receive and appropriate the sale the flats and units to be sold by them to the a (! purchasers other than the flats and units as ton the vendors herein as the consideration in kin ,?S may deem fit and proper a7 ye- 6 It is agreed and understood between the parties that after the plans and permissions are sanctioned as per the scheme of development as envisaged herein and building comnencement certificate is gralted by the Kalyan Dombivli Municipal Corporation and Declaration rfi, s LI, 3.7 s Y' ) -L2 - is filed as aJoresaid and three months thereafter, the serial No. 1 of Vendors is entitled at his own risk, costs and consequences thereof to deal, negotiate and correspond in respect of the portion of lald retained and owned by him and the serial No. 2 and 3 of Vendors shall ratify and conf,irm such acts and deeds of the Serial No. I of tle Vendors herein as regards such retained portion of land in favour of the serial No. 1 of the Vendors without any liability on their part. 7 It is clearly agreed and understood between the parties that all expenses, charges, costs and obtaining the TILR suwey map report will be the sole and absolute responsibility of the Developers alone and h:rther all tlle responsibilities and expenses for sanction of interim plans (lOD), Conversion of land to non- agricultural use, building commencement certificate as well as the entire construction of building No. 2 and its overheads till grant of completion certificate by the Kalyan Dombivli Municipal Corporation and on handing over of Building No.2 to condominium of apartment oumers and fees of all consultants in connection with the above development shall be borne ald paid by the Developers alone. 8 As regards to the scheme of development as recited hereinabove, it is clearly agreed and understood by and between the parties tlat within a period not exceeding three months from the execution of these presents, serial No.l of the Vendors at his own cos lt{ I expenses shall setfle the claims of all the 6-* occupants on the existing structure as well the vacant and peaceful possession of property complying urith due process of law. It agreed and understood that serial No.2 and the Vendors shall not be responsible directly , vrcano any act of commission or omission of serial N Vendors or arty dispute, delay or delinquency in this regard. The Serial No.2 and 3 of the Vendors will not be responsible financially in settling the and demands of the tenants ald,/or occup f -t&€ ts edsting structures as well as on the entire the serial No. I of the Vendors shall fid- t responsible for any issues in connection wi w r.,,l l out of delay and a.ll the consequences there It is further agreed that on the buiJding 9e- sanctioned by the Kalyan Dombivli Municipal I S,) S 1 \/ >, l \* Y' -13- Corporation by $ant of building commencement certificate thereafter within a period of three months the Developers will commence the construction work on the said property by mobilizing their resources and expertise and any willful delay on the part of the Developers to comply with the above requisitions of commencing and expediting the development work thereon, the Vendors shall have the right to terminate the agreement by issuing one month notice and the said matter as regards the compensation thereof will be referred to the Arbitration and the parties will abide by the procedure of arbitration. It is further agreed between the parties that from the date of such commencement of the work, the Developers shall complete t]:Ie construction work in all respects within 33 months with a grace period of three months thereof and that the schedule of progress of construction stages is determined by the parties to this agreement and the same is mentioned in the annexure annexed hereto and the said time of completion of each and every stage / phase will be duly complied by the Developers within the stipulated time and the time shall always be of the essence of contract, however be reasonable extension in time on account rS availability of the building materials, labour, commotion and/or ckcrmstances beyond th the Developers. It is further clearly agreed and understood parties that in spite of t]le favourable c development, if there is willful delay on the Developers to complete the construction work respect within the above stipulated time the Developers shall compensate the Vendors e the penalty of Rs.3,33,333/- per month to e -ti t Vendors herein for the delay in completion of and handing over the possession of the Vendors herein. 9. It is agreed arrd understood between the p 5t- the Vendors handing over the vacant and peaceful possession of the structures situated on the said property more particularly described in the third schedule, the Developers shall demolish the structures and the debris, salvage and other materials of t}te demolished structure shall always be ttre property of the Serial No. 1 of the Vendors and the Serial No. 1 of the S /, s:f L \\l V -L4- Vendors shall be entiued to appropriate the sale proceeds thereof. 10. It is agreed and understood between the parties that further during the course of construction activity any issues arising from and/or related to the development or any associated activity a:rd/or violation of Law shall not be responsibility of the Vendors and they shall not be liable for aly such commissions and omissions of the Developers. 11. It is agreed and understood between the parties that on completion of the building No. 2 in all respect and the Architect issuing t]le certiflcate of completion thereof and submitting the proposal for obtaining building completion certificate from the Kalyan Dombivli Municipal Corporation the Developers shall intimate the Vendors in writing to take the possession of their sajd flats and units provided to the vendors herein as the consideration in kind and after expiry of 21 days time period, the Developers are entitled to hand over the possession of other flats and units to the other purchasers. 12. It is agreed and understood between the parties that on sanction of plans and prior to demolition of the buildings and structures the Developers shall accommodation of ttree BHK flat in the s vicinity of the said property to Serial N Vendors only and the tenure of s accommodation and the tenure of such accommodation shall be till the Developers the construction of consideration in kind and i letter intimating the taldng over the of the posse the flats coming to the share of Serial no.l of e Vendors being the consideration in kind to be provided to the serial No.l of Vendors. The said will be finalized by the serial No.l of the Vend own and the Developers shall pay the cost of a q deposit and rental charges thereto to Serial N Vendors. itot! q€-.. 13 It is further agreed and understood between paflre s \e- that no accommodation is necessary and e provided to serial No.2 and 3 of the Vendors herein and all the Vendors have granted their express and irrevocable consent to demolish the existing entire structures situated on the said entire property to L'. s. I (v -15- facilitate the entire scheme of development comprising the said two buildings as envisaged herein. 14. It is agreed between the parties that the Developers shall construct the building by strictly adhering to the plans, design, specifications and decorum as prepared by the parties and approved by the concerned authorities and conlirmed by the Vendors along with ttle list of arnenities and facilities and the same for the sake of good order and record is annexed hereto as annexures. 15. It is agreed and understood between the parties that the Vendors and their nominees, assigrrees and intending flat purchasers shall be liable and responsible to bear and pay the entrance fee, proportionate share of charges for condominium formation and regisbation expenses, electricity, water connection charge, deposits, transformer charges as payable by the other flat purchasers to the Developers and the Vendors shall also bear and pay the stamp duty and registration charges if any required to be paid under the provisions of law on agreement in respect of the apartments allotted to t}lem as and by way of consideration in kind. The Vendors shall also be liable and responsible to the charges of service tax, value added tax and other taxes as may be levied by the government and / or semr govemment authoritie s if arry from time to time tohlr respect of their consi deration in kind to be re under this agreement. 16. It is further agreed between the parties that the are entitled to the consideration in kind as sti above and shall have every right alrd authority their respective consideration in kind wi u interference or hindrance from the other parties, rl- I agents, assignors or zrny one equitably or lawft:lly claiming r:nder or through the Vendors to the intending purchasers as they may deem fit and prope Developers shall render their sincere and u ;T operation to enable the Vendors herein to such legal and perfect sale and transfer t consideration in kind in favour of their toll purchasers. 9te \€- L7. It is further agreed between the parties allotment of the flats to the Vendors herein, the Developers shall not seek any alterations and modifications in the attached plans causing deviation in S ry ,t/, s:r '$ -t6- the area, floor and location and dimensions in the flats to be provided to the Vendors herein. However, if there is any deviation in the plan affecting flats and the area agreed to be provided to the Vendors then the Developers will take prior approval, written permission and consent of the Vendors. 18 It is clearty and expressly declared by the Vendors herein that on grant of building commencement certificate for Building No.2 by Kalyart Dombivli Municipal Corporation as per the scheme of development as envisaged in .this agreement, the Vendors No. 1, 2 and 3 will execute the Declaration under the provisions of Maharashtra Apartment Onnership Act, 1970 interalia providing the terms and contents of this agreement and three months thereafter it will be deemed that the serial No. 2 and 3 of the Vendors have released, relinquished and surrendered all their undivided share, ri8ht, title and interest in the retained property as described in second schedule as shown by letters ABCDA in favour of serial No. 1 of the Vendors absolutely and forever and accordingly the serial No. 2 and 3 of the Vendors shall execute and register the requisite Release Deed along \r,ith the of attomey in respect of the retained land in Serial No. 1 of the Vendors without any expenses on part of Serial No. 2 and 3 of ttle 19. It is agreed and understood between tJle Developers have taken the sole and responsibility of re-aligning the Garden Re t ffi ol by following due process of Law with the co authority arrd the said mode and manle r of realignm is showrr on the p lan annexed hereto and ttrat such compliances of re alignment will be compl following due process of law and based a t compliance, the interim plans ( In Disapproval ) shail be obtained by the Devel ilrWD 10l l the Kalyar Dombivli Municipal CorPoration. 20. It is agreed and understood between the p C $e- any tralsferable development rights and / or benefits in floor space index in respect of the area aJfected by Garden reservation admeasuring 1850 sq.metres delineated by letters HGNMLJIH as well as land admeasuring 129 sq. metres delineated by letters LKJL as shown on the plan annexed hereto by Green colour and Green hatched lines respectively thereon collectively by letter HGNMLKJIH is granted on the entire '- .r/. sT $6