-L7 -




     property, then the same will be used and utilised on the
     said property described in Third Schedule hereunder
     written and if due to some reasons if the benefits of the
     reservation is not grarlted, then the galden area shall be
     retained and owned by serial No.1 of the Vendors alone
     and he will be entitled to t].e same and in lieu of such
     ownership and benefit of the garden area, the serial
     No.1 of the Vendors shall obtain arrd procure the
     transferable development rights at his own costs and
     expenses to the extent of area of garden reservation only
     and further transferable development rights shall be
     bought by t}le Developers to the extent of required
     Transferable Development Rights after deducting the
     available Transferable Development Rights of 1850 sq.
     metres and the same will be obtaiaed and procured by
     the Developers at their own costs and expenses aJId the
     Developers shall also be liable and responsible to get t}te
     plans modifred and altered for consumption of the said
     floor spaces at their own costs and expenses and that
     the cost of developing the garden area will be of the
     Developers a-lone and that the serial No. I of the
     Vendors sha.ll be solely and exclusively entitled to hand
     over the area / land alfected by Garden Re
     the Kalyan Dombivli Municipal Corporation
     the floor space index, targible and intangi
                                                                   4        t
     arising therefrom for his sole and exclusi         sc                10t1
     appropriation tlereof.
                                                      qq           g€-
27   It is agreed between the parties that as rovl ded i
     above clauses due to the changes in policy as regards
     the grant of quantum of potentiality of floor space index
     and/or transferable development rights based on
     recreational area/ ground if there is sanction of
     additional floor or construction to the er<tenl of 267
     sq.mts approximately only till casting of seventeeth slab
     of building No. 2, then the Developers will construc      0lN I S'
     same by following due process of law and as en
     herein and will provide such additiona.l cons
     to the serial No.l of the Vendors herein as aI
     of consideration in kind free of cost and de
     proposed additional construction is shown on
     annexed hereto and in that event the Vendor N
     shall grant their express and irevocable consent
     same provided what is envisaged in this clamse d oes
     prejudice the right and interest of the serial No.2 and 3
     of the Vendors in any way including the right to receive
     the agreed consideration as well as the areas as


                           3               5l-              \f
                                \,1
                            -18-



    mentioned hereinbefore as the consideration in kind
    and accordingly the Serial No. 1 of the Vendors and the
    Developers are entitled to enter into further separate
    agreements, deeds, documents and writings to that
    eIlect thereby ensuring the additiona.l consideration in
    favour of the Serial No.l of the Vendors. However, in the
    event of construction of additional floor as mentioned in
    this clause shall not affect the completion of
    construction work in all respect within the stipulated
    time as mentioned in this agreement.
22. It is agreed and understood between the parties that the
    entire transferable development rights as per tlle
    provisions of law is to be used and utilised on the
    property described in third schedule and after the serial
    No. 1 of the Vendor procuring or making availing the
    transferable development rights floor space index to the
     extent of 1850 sq. metres arising from garden
     reservation in case of surrender of garden reservation to
     the Kalyan Dombivali Municipal Corporation, tJre cost of
     sanction of the transferable development rights and
     floor space index therefrom by following due process of
     law with the Kalyan Dombivali Municipal Corporation
     will be borne and paid by the Developers and further if
     there is arry shortfall or defrciency in the quantum of
     transferable development rights floor space index tJren
     ttre same has to be obtained by the Developers at their
     owr costs and expenses.
23. The Vendors declare that they are joint holders of the
    property as described in the First Schedule and that
    they are well and sulficienfly entitled to gran t the
     development rights of the said property and exce
     no one else has any right, title and interest in
     property and the title to the said property
     marketable and free from encumbrances and
     obtain the consent / signatures of all th
     having right, claim and interest in the said
     eflectual transfer of development rights of
     property in favour of the Developers. It is cleady
     and understood between the parties that the Ve
                                                                rl-
     have shou.n the title deeds, the nature of reservation on
     the entire property and the scope of availability of floor
     space index for use altd utilisation of floor
     on the said property as well as the area in                  ;.7
     on site to the Developers herein and tfre
     herein have inspected, scrutinized, verifie EEI6
                                                                          t
                                                                      I'i6ll
        tished with all the above aspects and a
                                                        ao           e-
                                             3:r          ff
                          = 1,J
                            -t9-


     relying upon such representations and assurance
     entered into this agreement. However if any legal and
     valid claim and defect in title is found then the Vendors
     herein shall settle or cure the same accordingly at their
     costs and expenses.
24. Simultaleously with the execution of this Agreement
    the Vendors have granted the license to the Developers
    to develop the said property in accordance with the
    stipulations, conditions and covenants contained herein
    and accordingly ttte Developers as the licensees are
     entitled to enter upon the said property for the purpose
     of development / construction of the said buildings as
     per the plals ald permissions sanctioned by the Kalyan
     Dombivli Municipal Corporation as envisaged herein
     and the Developers and their representatives, agents
     and/or their servants, employees, contractors,
     surveyors are authorised and entitled to enter upon
     and/or have access to the said property and/or any or
     every pa.rt thereof to inspect and/or survey and/or
     preparing the plans, schemes for development and otler
     incidental acts thereto and further to commence,
     carryout and complete the development thereon as
     intended and envisaged herein without any hindrance
     arld obstruction of any nature whatsoever. The
     Developers are also entitled to demolish the structures
     situated on the said property described in the Third
     Schedule hereunder wdtten on the Serial No.l of the
     Vendor settling the claims of all the tenants and
     procuring the vacant and peaceful possession from such
     tenants arrd / or occupants and then it shall be deemed
     that the Vendors have handed over the possession of
     the said property in part performalce of contract and
     the Developers shall be entitled to car-ry out and
     complete the effective and elTectual development of the
     said property and every part thereof arld that the
     Developers for the purpose of development of the said
     property on the portion of lald described in the third
     Schedule shall also have every right and authority to
     use and utilize the marginal spaces, common wa-lls and
     other common easement rights and beneflts of the
     property retained by the serial No. 1 of the Vendors as
     described in the Second Schedule h
     and in no way the Vendors will prejudice
     the Developers to pass from and through
                                                                 a -t    l.d


                                                                   I--
     of ways/accesses provided as envisaged h                      Rot    I
     as an._             entire property for
              \
                                                                 vt-
          F
               u        s
                        t
                                   t. s:r-               \0
          t
              t(A   t
                             -20-



     completing the entte scheme of construction on the
     said property as intended by this agreement.
25. The Vendors assures that they will not do any act,
    matter or thing whereby the Developers shall be
    prevented from carr5ring out the construction work
    unless and r.rrtil the Developers maintain the quality
    and construction as per the standard prevailing norms
    of construction.. It is further agreed and understood
    between the parties that the Vendors are entitled to
    visit, inspect and monitor the work in progress of the
    scheme of construction.
26. It is further agreed between the parties that ttle
    intending plrrchasers acquiring the flats / units on
    ownership basis are entifled to mortgage the said flats/
    units to aJry banks and frnancia.l institutions for the
    sake of seeking housing loan without aly liability on the
    said property and/or the Vendors and/or the
     Developers.
27. It is clearly agreed arrd understood between t}Ie Pa.rties
     t.l.at in unavoidable circumstances the Developers with
     the written consent of all the Vendors shall have the
     right to transfer and assign the benefrts of this
     agreement in favour of any person or company and all
     the acts, deeds thereto shall be done arrd performed by
     the Developers at their own risk, cost and consequences
     thereof, however such right of transfer will be exercised
     by the Developers in a prud ent and diligent manner
     without causing any prejudice to the rights and in        OINI: ,
     of the vendors herein.

2A. Simultaneously with the execution of these pre
     Vendors in terms of this agreement shall exe
     power of attorney in favor:r of the Developers to
     the acts, deeds and matters necessary to effe
     legal arrd perfect transfer of the said property in
     of Condominium of Apartment Owners and to
     carqrout the development of the said property.
     However, the power to transfer of the property will be
     exercised by the Attorney only after the entire
     consideration is provi ded to all the Vendors. It is also
     further agreed that the Vendors shall also
     administrative powers in respect of the entire               =            )
     to the Developers to comply with all the
     envisaged herein so as to invoke the true                e€4           iol l
     understanding as reached between the P
     and that the powers in respect of the both the                   \8-

                                    I       €,7
                         3                                  \*'
                            -2t-


    including the property described in the Third Schedule
    as well as the First Schedule will be used, utilized and
    exercised by the Developers in a prudent and effective
    manner wit-hout causing any prejudice and harm to the
    right arrd interest of all the Vendors in respect of the
    property described in the third schedule and without
    causing any prejudice and harm to the rights of t}le
    serial No.l of Vendors as regards the retained portion
    as described in the Second Schedule hereunder wdtten.
29. T}:.e Developers shall indemnify the Vendors from all
    liabilities and consequences arising if any, from
    execution of such powers alrd authorities by virtue of
    the Power of Attorney in any immoral or illegal manner.
    It is cleafly agreed arrd understood between the parties
    that the power of attorney shall a-lways be co-extensive
    artd co-terminus with the validity ald enforceabfity of
    terms of this aBreement.
30. [t is agreed arld r:nderstood by and between the parties
    that the Vendors will execute and / or cause the
    interested parties if any, to execute the necessary Deed
    of Conveyance in favour of condorninium/ co-operative
    society of apartment owners on completion of the entire
    construction, sale ald disposal of the flats / units
    therein and / or as and when called upon by
    Developers, however such conveyance / transfer           NT

    shall be executed only a.fter the Developers
    and handing over the actual, vacant and
    possession of the agreed consideration in
    completed in all respect to the Vendors in                        -
    as envisaged herein.
31. It is agreed and understood between the
    during the course of construction if any misha
    accident occurs the sole responsibility will be of the
    Developers only and the Developers shall indemni$ and
    keep indemnified the Vendors against any
    third party claim ald the Developers shall                           1.

    insured their workers and third party
    indemniff the Vendors against any liabilities
32. It is agreed and rmderstood between the partie            €-b       !1
    name of the building wi.ll be "Dlvadtar                      9e.-
    the logos.
33. It is clearly agreed and declared by the serial No. 2 and
    3 of the Vendors that they sha-ll at a]l material times
    comply with the requisitions cast upon them under this
    agreement as regards the release of the porlion of land



                               !.
                                 l^-
                                       >,1                  6-'
                                                                  +v
                             -22-



     in favour of the serial No. 1 of the Vendors as inter-alia
     provided and enyisaged herein and that on sanction of
     the building plans as per the scheme of development as
     envisaged herein and on grant of building
     commencement certificate, the serial No. 1, 2 and 3 of
     the Vendors shall file the Declaration under the
     provisions of Maharashtra Apartment Ownership Act,
      1970 interalia containing and incorporating the terms
     and contents herein ald three months thereafter
     execute and register t]le Release Deed in favour of the
     serial No 1 of vendors as regards the property retained
     by the serial No. 1 of the vendors as described in
     Second Schedule hereunder written a.long with Power of
     Attorney in favour of the serial No. 1 of the vendors in
     respect of the retained property without prejudice to the
     right and interest to seek the consideration in the said
     property gfanted for development and the said powers
     and authorities uader the said Power of Attorney sha-ll
     be used, utilized and exercised by the serial No. 1 of the
     Vendors in a very prudent manner without causing any
     prejudice, liability, loss, harm or hardship to the serial
     No. 2 and 3 of the Vendors herein and in all events,
                                                                i(,
     serial No. 1 shall be entitled to the residual b
     the entire property including tangible and
     benefrts as the case may be and shall seek
     the benefits thereof for his sole and exclusive
     appropriation without arry recourse to the V
     and 3 herein. The serial No. 2 and 3 of the
     shall on realization of the entire conside
    provided herein shall execute the power of a
    the entire property iI favour of the serial No.1 of the
    Vendors herein to enable the serial No.1 of the Vendor
    to derive and appropriate the above residual benefits
    w'ithout causing any prejudice, loss, harm,
    any liability to Serial No. 2 & 3 of the V             trF    ;T
    clearly agreed and understood between the            S thf,t.         ?
    all expenses in connection with the
    authorities shall be bome and paid by the                          '..i1
    the Vendors only.                                 a^6
34. It is clearly agreed and understood between                   \e--
    that if there are differences in opinion ald / or disputes
    interse the serial No. 1, 2 and 3 of the Vendors, the
    same $,ill not allect or prejudice the right and obligation
    created by or arising out of this agreement in respect to
    any matter conceming the entire property or any part
    thereof, the Developers are not at all concemed with


                                 1--
                                N       ?,]                t'*t
                            -23-



    such differences / disputes and further in all event, t}le
    serial No. 1, 2 and 3 of the vendors at all material times
    will safeguard the right, title and interest of the
    Developers to develop the said property as intended and
    envisaged by the parties hereto and for due performance
    of contract arld the contractual obligations incidental
    thereto.
35. The Developers shall indemni$ and keep indemnified
    the Vendors against all losses, damages, costs, charges,
    expenses that will be incurred or suffered by the
    Vendors on account of or arising out of arry breach of
    any of the terms of this agreement or any violation of
    any rules or regulations or due to any accident or any
    mishap during the construction or due to any claim
    made by any third party in respect of the scheme of
    development. However, the Developers vdll not be liable
    ald responsible for alty disputes interse the serial No. 1,
    2 and 3 of the Vendors herein.
36, The Developers shall be entitled to enter into separate
    contracts in their oum name with building contractors
    architects and others for carrying out the said
    development at their risks and costs.
37. It is expressly understood and agreed that in the event
    of the Developers failing to give the monetary
    consideration in full or to hand over the consideration
    in kind as agreed to the Vendors herein the Vendors
    sha.ll have lien over the whole constructed property
    al1 claims on or against the constructed prope
    be subject to and subordinate to the unpaid
    lien and the said unpaid Vendors lien shall b
     to other parties in any agreement,
     documents the Developers intend to en
     makes.
38. In case of aIIy disputes, doubts or difference
     between the parties hereto in respect of any of
     and conditions of this agreement or in respect
     interpretation of any of the terms or conditions of this
     agreement or in respect of a:ry other matter, cause or
     thing whatsoever not contained herein or otherwise
     provided for, the same shall be relerred to Arbitration in
     accordance with Arbitration and Conciliation Act, 1996
     or any modi{ications thereof for the time being in force,
     however, the parties will prudenfly have their
     appointment of their Arbitrator within tlree months
     from the date arising of difference of opinion and / or


                                  .[.d-.;] .
                                             * t ,ft'
                               Jl
                        {          <R 6.A tD        ioll
                                     a9        9'
                                  -24-



     dispute and if the same is not complied by any one of
     the party then otlers are at liberty to proceed with Frling
     of legal proceeding in the appropriate court of law.
39   Save and except as herein otherwise provided a.ll out of
     pocket expenses for stamp duty, registration fees in
     respect of these presents as well as other charges
     incidental thereto as well as expenses in respect of
     execution of the conveyance etc., shall be borne and
     paid by the Developers alone and each partJr shall bear
     and pay the fees of their respective advocates/
     solicitors.

                        FIRST SCHEDULE
                   (Description of Entire Property)
                       ABCTIGITDILIG'IHEDA

All those pieces or parcels of land situate, $ng and being at
Shivaji Chowk, Agra Road, Kalyan, together with the building
and structures starding thereon, within the City Limit of
Kalyan-Dombivli Municipal Corporation bearing CTS No.
2a78-A (i.e. CTS Number comprising of the earlier City Survey
Nos. 2878, 2A79, 2880, 2881, 2882 and 2911) totally
admeasuring 4960 sq. mtrs. as per the latest property register
card issued by the City Survey Authority along with the two
structures standing therein known as Sadashiv Niwas arrd
New Divadkar Building consisting of ground+ two upPer
floors and ground + one upper floor respectively and the said
structures are assessed by the Kalyan Dombivli Municipal
Corporation under House No. 122 House No. 128, property
No. C01000442700 and C010004432OO and bounded as
follows:
On or towards East : Adjacent CTS Nos.2883-A ll, 2884
On or towards West : Existing Agra Road
On or towards North : Adjacent CTS Nos- 2472,2 883-B
On or towards South : Adjacent CTS Nos. 2A7A-8,                s
together with all easement rights etc.,

                     SECOITD SCHEDI'LE
             (Description of the Retained Property
                                    i
                  by Serial.No. of Vendors)
                                  AECDA
                                                       g

                                                           t
                                                               8        E
                                                                        t
All that proposed Building No. 1 consisting of
ground and one upper floor being a commercial building to be
situated on the portion of land admeasuring 1281 sq. meters
forming a part of the property described in the First Schedule
along with the open marginal spaces, right of ingress and


                             .>              .:d,rT            t$   6


                                          4<6 Ae-D
                                                       i
                                                           iotl
                                           Qe-        uL-
                             -25-



egress and all other tangible and intangible benefits arising
out of the above referred property for the eflectual and
beneficial enjoyrnent thereon on the proposed building No. 1
and every part thereof and as shown on the plarr annexed
hereto by yellow colour and delineated by letters ABCDA with
the right to use, utilisation and potentiality of floor space
index to the minimum extent of 1063.65 sq. metres and
further the benefits of increases in floor space index arld
transferable development rights as may be permitted by the
Kalyan Dombivli Municipal Corporation from time to time and
as envisaged in the Development Control Rules and bounded
as follows :
On or towa.rds East : ProPerty described in third
                           schedule
On or towards West : Agra Road
On or towards North : Adjacent CTS No. 2872
On or towards South : Adjacent CTS No. 2878-E}
together with all easement rights etc.,

                      TIIIRD SCHEDI'LE
  (Description of property granted for development by the
Vendors to the Developers herein on which the Condominium
             of Apartment owners will be formed)
                         DCTGHED

All that proposed Building No. 2 consisting of stilt plus 17
upper floors as shown on the plal arnexed hereto comPrising
of stilt, podium level - 1, podium level - 2, podium level - 3,
fourth floor to seventeenth floor with a
floor on the eighteenth floor on revised s                      lttl s
floor space index and / or transferable developm
based on the policy of recreation ground / s
residential building to be constructed on tfie porti
admeasuring 1240.50 sq. metres forming a
property described in the First Schedule he
mentioned and shown on the plan annexed hereto
colour and delineated by letters DCFED along with th
maJginal spaces, right of ingress and egress and all o
tangible and intangible benefits of the entire property for the
effectual and beneficial enjoyment of the said b
every part thereof as shown by black checkered
area marked in yellow as described in Second
                                                                     4         t
herein above and also along with recreational                              101i
as shown on the plan annexed hereto by
admeasuring 459.OO sq. metres forming a part of                          vL-
described in the First Schedule hereinabove menti



                          g 11 tl           €x$           L
                                                              1
                              -26-



delineated by letters EFGHE thus totally admeasuring
1699.50 sq. metres collectively delineated by letters
DCFGHED for the use, utilisation and potentiality of floor
space index and transferable development rights, staircase
floor space index to the maximum extent of 3713.00 sq.
metres proposed to be sanctioned by the Kalyaa Dombivli
Municipal Corporation which will interalia include the basic
floor space index as well as transferable 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 on the
recreation ground / spaces by the Kalyan Dombivli Municipal
Corporation as per ttre prevailing Development Control Ru]es
if granted till the completion of the seventeenth Slab and
bounded as follows:
On or towards East        Garden Reservation area as shown
                          on the plan annexed hereto
On or towaJds West        Property described in second
                          schedule
On or towards North       Adjacent CTS Nos. 2472, 2AA3-B
On or towards South       Adjacent CTS Nos. 2878-B, 2882-B
As shown on the plan annexed hereto and together with all
easement rights etc.,

                     FOURTH SCHEDULE
         Description of land under garden reservation
            as well as road set back HGIIULI(.rIH

AII that piece and parcel of admeasuring 1850 sq.metres
del.ineated by letters HGNMLJIH as well as 129
delineated by letters JLKJ as shown on ttre
hereto by Green Colour as well as hatched
respectively forming a part of the property de
First Schedule and collectively delinea
HGNMLKJIH as shown on the plar annexed
colour and bounded as follows:
On or towards East : Proposed D.P. Road
On or towards West ; Property described in
                          schedule
On or towards North : Adjacent CTS No. 2883-              f,.             I\
On or towards South : Adjacent CTS No. 2882-
                                                    EFd   maeg        t"ti
together with a.ll easement rights etc.,
                                                      2_L          q€--


                             g -i{ /         ?,t        N
                                 -27 -




IN WTNESS WHEREOF the parties hereto have set alrd
subscribed their signantres to this writing on the day and the
year frrst hereinabove mentioned


SIGNED & DELIVERED
by the lr,ithin named Vendors                                               'ti
1. Shri Gautam Udaykunar DlvadLar




2. sau. shttpa AJay varde        lklr-
    (Nee Shilpa Udaykumar Oivaa,ll5Lry




3. Sau. Sharnila Viaay Telang S[.Ar";b-                                a
    (Nee Sharmila Udaykumar Divadkar)

SIGNED & DELIVERED
by the within named
Developers
M/s. Hoaest Infra,
ttrough its pa-rtners                                  *')
i) Shri Aslf Abedtn Zojwalla,                     v

ii) Mrs. Fartda Mustafe Attar


mtD€ss:"t
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              (.b1d'hra'r^
        \At r) tr$* 4""4<,1
                ,L<OL,I
2

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                             ) olNI S
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                         E
                                         E
                                             I
                          I
                         \-1

                               LISTOFAMEMTIES
R.C.C.
   . E.rthquskc resistance RCC framed Structure.
Flooritrg
   r 3' x 3' Vltrilierl Tiles in Living/Dining/Lift Lobby.
   . 2')O' Vitrified Tiles by RAK Ceramic$ in Bedroom.
   . Polished Kota Stone Tread and Risers for Staircasc.
Kitchen
    . Gnrnite Kitchen platform with Overhead and Under-Counaer Kitchetr Cabitrets.
    o Steinless Steel SiEk
    . Glazed Tiles up lo door Level with Oil Print Above.
Toilcts
    . Glaze tilcr Ilooritrg.
    . Up to Door Height gtazed tiles & Oil paint ,bove'
    . Srtritrry-Fittings and Firturcs including Kitchcn Mixer Spout.
    . Polished Wooden Flush doon with LaEinrae from Toilet Side.
    . Granite Seat
Doors
    . Decorative Polished Flush doors.
    . Terkwood door Frarnes,
Wlodows
   o Anodized Aluninium sliditrg wiDdows with Fly mesh Grsdte/Morble edge freme at
     iDternal ledge of windolv'
Wdl Firilh
    . Acrylic Emulsiotr Paint.
Plumbing
   o Concealed Pipirg system in Kitchen and Toilet
   . Poitrts for washing Machitre' water Purilier, Wster Herter, SiEk aDd SaEitsry Wsres.
Electricals
   o Coacealed wiring with adequrte LightiDg atrd Power points.
   . Modular Switches atrd Sockels
   . Circuit Breaker
   . Cookirg oven, Telephone' Security ltrtercom, water hester', Ceilirg Far, Elhaust fao'
        Fridge.Dd A./C poirts and resPective spoce ,nd other.i3ociated provisionr.
   . DB and MCBC.
ELCB
   . Solrr Wstcr heater systom
   . Brttery backup/ GeDerator
    . Municipsl & Borc well Woter.
2 No. Lifts by KONE/ Letterborei/ Nam€ Plaaes
Boom berricrs for Car Parking/ Security Cabin.
Compound wall, Payed Vehiculrr/Pedestrian Access, LaDdscaped/ Lighted Gsrden Are{.
Flooring for OpeD Tcrrace/Flowerbcds/Ilfuir Lobbies/ StaircaEe/RailiDgs/Podiun lrJ
Sccurity SystcE/ Intercom System/Security Cabil.




                                            l"c                iF.d;T.-t
                                                              ffir 6.Q€-,9         totl
                                   s

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