Page 1 of 30 VILLAGE VARAP, KALYAN FLAT NO. WING AREA (CARPET) ACTUAL VALUE MARKET VALUE STAMP DUTY AGREEMENT FOR SALE THIS ARTICLE OF AGREEMENT FOR SALE IS MADE AND ENTERED AT KALYAN ON THIS ______ DAY OF _____________ 2017. BETWEEN Page 2 of 30 M/S. KEDAR DEVELOPERS, THROUGH ITS PROPRIETOR, MR. MOHAN KEDARNATH KRISHNAVANSHI, having its office at 4A, First Floor, Ramchandra Apartment, Rambaug-2, Kalyan (West) Dist Thane, hereinafter called and referred to as the Promoter (which expression shall unless it be repugnant to the context or meaning thereof mean and include the persons constituting the said association for the time being, their respective heirs, executors, administrators and assigns) being the PARTY OF THE FIRST PART. AND MR./MRS. ____________________________________ Age_______ years, Occ.______________ R/at_____________________________ ________________________________________________________ MR./MRS. ____________________________________ Age_______ years, Occ.______________ R/at_____________________________ ________________________________________________________ hereinafter called and referred to as the ALLOTTEE (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) being the PARTY OF THE OTHER PART. WHEREAS Mr. Dilip Parashram Kongere and Mr. Kamlakar Parashram Kongere are the owners and well and sufficiently entitled for all that piece and parcel of land laying, being situate at village Varap, Tal. Kalyan, Dist Thane, bearing Survey No. 43, Hissa No 3/A (Old Survey No. 43/3 part), Area admeasuring 3000 Sq. Meter out of total Area 0H-48R-8P within the limits of the Grampanchayat Varap hereinafter called and referred as to the “Property No. 1” for the sake of brevity more particularly described in the “FIRST SCHEDULE” hereunder written. AND WHEREAS Mr. Laxman Govind Kongere and Others are the owners and well and sufficiently entitled for all that piece and parcel of land laying, being situate at village Varap, Tal. Kalyan, Dist Thane, bearing Survey No. 43, Hissa No 3/A/1 (Old Survey No. 43/3 part), Area admeasuring 3000 Sq. Meter out of total Area 0H-48R-6P within the limits of the Grampanchayat Varap hereinafter called and referred as to the “Property No. 2” for the sake of brevity more particularly described in the “SECOND SCHEDULE” hereunder written. AND WHEREAS as per available revenue records in respect of the said Property No. 1 and Property No. 2 states that Parashram Pandurang Kongere and Govind Pandurang Kongere is the original owner of the said Property No. 1 and Property No. 2, after the death of Page 3 of 30 the said Parashram Pandurang Kongere, names of his legal heirs i.e. Subhadrabai Parashram Kongere, Dilip Parashram Kongere, Kamlakar Parashram Kongere, Jijabai Parashram Kongere and Minabai Parashram Kongere are mutated in revenue records vide mutation entry no. 408. Thereafter Oral Partition took place between Govind Pandurang Kongere as the party of one part and Subhadrabai Parashram Kongere and others are party of the second part as stated in mutation entry no. 421, as per actual possession and mutual oral partition between the parties as stated in mutation entry no. 421 said Property No. 1 allotted to the share of Subhadrabai Parashram Kongere and others and Property No. 2 allotted to the share of Govind Pandurang Kongere. Thereafter Subhadrabai Parashram Kongere, Jijabai Parashram Kongere (Jijabai Subhash Suroshi) and Minabai Parashram Kongere (Meenabai Mahadu Dandkar), executed a Release Deed dated 08/10/2012, in favour of Dilip Parashram Kongere and Kamlakar Parashram Kongere, in respect of property no. 1 said release deed is registered at the office of Sub Registrar Kalyan 2, at Registration No. 8635/2012, on 08/10/2012, Wherein Smt. Subhadrabai Parashram Kongere and others 2 are the releasor’s and Dilip Parashram Kongere and Kamlakar Parashram Kongere are the Releasee. As per said release deed releasers released their rights in favour of releasee. That the effect of the said release deed is given in revenue record vide mutation entry no. 861, dated 17/10/2012 in respect of property no. 1. After the death of the said Govind Pandurang Kongere, names of his legal heirs i.e. Droupadi Govind Kongere, Lakshman Govind Kongere, Harishchandra Govind Kongere, Bhaskar Govind Kongere, Surekha Sakharam Bhoir, Laxmi Padmakar Sase, Vimal Uttam Gaikar and Vanita Dipak Pharde are mutated in revenue records vide mutation entry no. 648 in respect of property no. 2. Thereafter said Harishchadra Govind Kongere died on 12/05/2013. The names of his legal heirs i.e. Anita Harishchandra Kongere and others are mutated in revenue records vide mutation entry no. 878, dated 01/10/2013. Thereafter Droupadi Govind Kongere is died on 15/10/2014 and name of her legal heirs are mutated and confirmed in revenue records vide mutation entry no. 933, dated 16/01/2016. AND WHEREAS Mr. Dilip Parashram Kongere and Mr. Kamlakar Parashram Kongere are the owner of the said property No. 1 they have executed a Development Agreement dated 27/11/2013, which is registered at the office of Sub Registrar Kalyan 2, at Registration No. 8482/2013 and thereby granted the Development Rights in respect of Page 4 of 30 the said property no. 1 to M/s. Kedar Developers, Through its Proprietor, Mr. Mohan Kedarnath Krishnavanshi for the terms and conditions mentioned therein and also executed a power of Attorney dated 27/11/2013, which is registered at the office of Sub Registrar Kalyan 2, at Registration No. 8483/2013 in favour of M/s. Kedar Developers, Through its Proprietor, Mr. Mohan Kedarnath Krishnavanshi. That the originally said land of property no. 1 was purchased under Bombay Tenancy and Agricultural Act 1948 (Maharashtra Tenancy and Agricultural Land Act) subject to condition of section 43. That the Owner/Developer herein obtained necessary permission/order by depositing Nazarana Amount to remove condition of section 43 of Bombay Tenancy and Agricultural Land Act 1948 from Tahsildar Kalyan under their order No. KULVAHIVAT/SHEJANYA/ SHART- SHITHIL/SR 286/2015 dated 18/11/2015 and the effect of the said order mutated in Revenue Record vide Mutation Entry No. 930 dated 20/11/2015 and thereby said condition is removed. AND WHEREAS Mr. Laxman Govind Kongere and Others are the owner of the said property No. 2 they have executed a Development Agreement dated 11/03/2014, which is registered at the office of Sub Registrar Kalyan 2, at Registration No. 1810/2014, on 11/03/2014 and thereby granted the Development Rights in respect of the said property no. 2 in favour of M/s. Kedar Developers, Through its Proprietor, Mr. Mohan Kedarnath Krishnavanshi for the terms and conditions mentioned therein and also executed a power of Attorney dated 11/03/2014, which is registered at the office of Sub Registrar Kalyan 2, at Registration No. 1811/2014, on 11/03/2014 in favour of M/s. Kedar Developers, Through its Proprietor, Mr. Mohan Kedarnath Krishnavanshi. That the said land of property no. 2 was purchased under Bombay Tenancy and Agricultural Act 1948 (Maharashtra Tenancy and Agricultural Land Act) subject to condition of section 43. That the Owner/Developer herein obtained necessary permission/order by depositing Nazarana Amount to remove condition of section 43 of Bombay Tenancy and Agricultural Land Act 1948 from Tahsildar Kalyan under their order No. KULVAHIVAT/SHEJANYA/ SHART- SHITHIL/SR 285/2015 dated 18/11/2015 and the effect of the said order mutated in Revenue Record vide Mutation Entry No. 929 dated 20/11/2015 and thereby said condition is removed. AND WHEREAS as stated above M/s. Kedar Developers, through its Proprietor, Mr. Mohan Kedarnath Krishnavanshi i.e. propmoter / Page 5 of 30 Builder obtained development rights in respect of the said property no. 1 and property no. 2. AND WHEREAS That the land of property no. 1 and 2 is collectively called and referred as “the project land” That The Promoters have made a scheme for development of the said property by constructing thereon residential units, shops etc. as per Plan Sanctioned from concern authority. AND WHEREAS Grampanchayat Varap issued no objection certificate vide their outward No. 2015/16/163 dated 17/10/2015 to obtain necessary permission from concern department for develop the said property no. 1 and property no. 2. AND WHEREAS the aforesaid Promoter/Builder/Developer amalgamated said properties and obtained the Building Construction permission from Assistant Director; Town Planning Thane vides their Letter No. BSP/ BP/VILLAGE VARAP/ TALUKA KALYAN/ SSTHANE/1392, dated 03/08/2016 and thereby Assistant Director Town Planning Thane sanctioned the proposed plan of construction, in respect of the said property no. 1 and property no. 2. AND WHEREAS thereafter Collector of Thane issued non- agricultural use permission under No. Mahasul/K-1/T-7/NAP/VARAP- KALYAN/SR-1/2016 dated 04/02/2017 for the area mentioned therein, in respect of the said property no. 1 and property no. 2. AND WHEREAS the Promoter are entitled and enjoined upon to construct building on the project land in accordance with the recitals hereinabove. AND WHEREAS the promoter is in possession of the project land; AND WHEREAS the Promoters have further intended to get the said plans and specification revised, renewed and altered for consumption of remaining floor space index, transfer of development rights, staircase FSI and all other permissible Floor Space Index to be used and utilized on the said property if it is granted by the concerned authorities from time to time. AND WHEREAS the Promoter has proposed to construct on the project land (here specify number of buildings and wings thereof) ___________ having ______________ (here specify number of basements/podiums/stilt and upper floors) Page 6 of 30 AND WHEREAS the Promoter have given the clear inspection to the Allottee herein of all the documents of title deeds such as copy of N.A. order, sanctioned plans, permissions, approvals, documents of title relating to the said property on which new proposed project known as “SAI ISHWAR” is to be constructed on the project land. That the allottee is fully aware of the covenants, promoter’s rights as appearing on the sanctioned plans and after being fully satisfied about the same has granted his / her express and irrevocable consent for the same. AND WHEREAS the Allottee is offered an apartment bearing number ……………….. on the ………….. floor, (herein after referred to as the said “Apartment”) in the ……… wing of the Building Called …………………… (herein after referred to as the said “Building”) being constructed on the project land, by the promoter. AND WHEREAS the Promoters has entered into a standard agreement with an Architect registered with the council of architects and such agreement is as per the agreement prescribed by the council of Architects; AND WHEREAS the promoter will apply for registration of the said project under the provisions of the act with the Real Estate Regulatory Authority. AND WHEREAS the promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the sale deed, Development Agreement, Power of attorney, supplementary agreements and above referred documents promoter has sole and exclusive right to sell the apartments in the said building / s to be constructed by the promoter on the project land and to enter into Agreements / s with the allottee (s) / s of the Apartments to receive the sale consideration in respect thereof; AND WHEREAS on demand from the allottee, the promoter has given inspection to the allottee of all the documents of title relating to the project land and the plans, disigns and specifications prepared by the promoter’s Architects messrs ………………………………. 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 the Rules and Regulations made tereunder; AND WHEREAS the authenticated copies of Certificates of Title issued by the attorney at law or Advocate of the promoter, authenticated copies of Property card or extract of Village forms VI and VII and XII or any other relevant revenue record showing the nature of Page 7 of 30 the title of the Promoter to the Project Land on which the Apartments are constructed or are to be constructed have been annexed hereto. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto. AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee/Purchaser as sanctioned and approved by the concerned local authority has been annexed hereto. AND WHEREAS the promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from the various authorities from time to time, so as to obtain Building completion certificate or occupancy certificate of the said building. AND WHEREAS while granting the permission and sanctioned plans the local authority and / or Government / Planning Authorities have laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while developing the said property and upon due observance and performance of which only completion and/or occupation certificate in respect of the new building shall be granted by the concerned local authority. AND WHEREAS the Promoter declares that the above referred agreements permissions and sanctions are still, subsisting and completely in force; AND WHEREAS the promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the allottee has applied to the promoter for allotment of an Apartment no………. on ……….floor in wing ………. Situated in the building no. ………… being constructed in the ……………. Project. AND WHEREAS the carpet area of the said Apartment is ……………….. square meters and “carpet area” means the net usable floor area of an apartment, excluding the area covered by the eternal walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the allottee or verandah area and Page 8 of 30 exclusive open terrace area appurtenant to the said apartment for exclusive use of the allottee, but includes the area covered by the internal partition walls of the apartments. AND WHEREAS, the parties relying on the confirmations, representations and assurances of each other to faithfully abide by all 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; AND WHEREAS the Promoter has clearly brought to the notice and knowledge of the Allottee that as the Promoter or his nominees has intended to acquire the adjacent properties and other abutting and appurtenant lands thereto, the recreational facilities and other common facilities of the present housing scheme will be used, utilized, availed and shared by the intending Allottee of the buildings to be constructed on such adjacent properties to be acquired by the Promoter and the Allottee herein along with the other Allottees will not raise any objection, hindrance and/or obstruction for such use of the above facilities by the other intending Allottee and the Allottee herein has granted his/her express and irrevocable consent for the same and agree and assure that such above covenant shall always remain binding upon him; AND WHEREAS the Allottee/Purchaser has accepted the title of the owners to the said property as shown in the records of rights in respect thereof and the documents referred to hereinabove as well as the terms and conditions mentioned therein and the Promoter has brought to the knowledge of the Allottee/Purchaser herein and the Allottee/Purchaser is aware that the Promoter during the course of completion of the entire project of construction will acquire additional FSI / TDR as per the rules and regulations of the concerned authorities and will further avail, use and consume additional floor space index thereby constructing additional floors, flats and units in the said scheme of construction and will get the plans, amended, revised, modified as the Promoter may deem fit and proper and further shall also acquire additional adjacent land and carry out the development on such amalgamated property as the Promoters may deem fit and proper and the Allottee has accorded his / her express and irrevocable consent for the same and allottee shall execute other relevant consent if required by promoter. AND WHERAS the Allottee has examined and approved of the building and floor plans the nature and quality of construction fittings, fixtures’ facilities and amenities provided / to be provided thereto as per the general specifications as well as the restricted and common facilities and amenities. AND WHEREAS the Allottee has seen the site of the building and the work of construction of the said building being in progress and is satisfied with the quality of the work and has approved the same. Page 9 of 30 AND WHEREAS the list of amenities, list of better amenities, approved plan, copy of 7/12 extract, N.A. order, Certificate of Title issued by the Advocate of the Promoter to the project land and the floor plan approved by the concerned authority have been annexed hereto. AND WHEREAS prior to the execution of these presents the allottee has paid to the promoter a sum of Rs. ………………….. (……………………….) only, being part payment of the sale consideration of the Apartment agreed to be sold by the promoter to the allottee as advance payment or application Fee ( the payment and receipt whereof the promoter both hereby admit and acknowledge) and the allottee has agreed to pay to the promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS the promoter will apply for registration of the said project under the provisions of the act with the Real Estate Regulatory Authority. AND WHEREAS under section 13 of the said act the promoter is required to execute a written agreement for sale of said Apartment with the Allottee, 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 promoter hereby agrees to sell and allottee hereby agrees to purchase the Apartment and garage / covered parking NOW THEREFOR THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said projects in the name and style as “SAI SPRING” consisting _____ buildings having Building No. _________________ consisting of ________ basement and ground/stilt/………. Podiums, and ……… 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. 1.a. (i) The Allottee/Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee/Purchaser, the apartment being Flat / Unit being No. _____ on _______ floor having carpet area of ________ sq. meters along with balcony area admeasuring _________ sq. meters and exclusive terrace area of ________ sq. meters in ______ Wing in the scheme of construction known as “SAI Page 10 of 30 SPRING” (herein after referred to as the said “premises”) being constructed on the said property described in the First Schedule hereunder written as shown in the Floor plan thereof hereto for the consideration of Rs.___________/- (Rupees______________________________ Only) including the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. 1(b) The Allottee/Purchaser has agreed and assured to pay the total consideration of Rs_____________(Rupees________________ __________________________________________________ only) to the Promoter in the following manner- i) Rs.10% paid as advance payment or application fee at the time of execution of this agreement. ii) Rs.35% to be paid to the Promoter on completion of the Plinth of the wing in which the said Premises is situated. iii) Rs.25% to be paid to the Promoter on completion of slabs of the wing in which the said Premises is situated. iv) Rs.05% to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said premises. v) Rs.05% to be paid to the Promoter on completion of the sanitary fittings, staircases, lift, wells, lobbies up to the floor level of the said premises. vi) Rs.05% to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said premises is situated. vii) Rs.10% to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, entrance lobby/s, paving of areas appurtenant and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the premises is situated. viii) Rs.05% to be paid to the Promoter at the time of handing over of the possession of the said Premises to the Allottee/ Purchaser on or after receipt of occupancy certificate or completion certificate. Page 11 of 30 The Cheque / DD / Pay order to be drawn in favour to M/s. KEDAR DEVELOPERS A/C No: IFSC CODE: Bank: Kotak Mahindra Bank Branch: Kalyan 1(c) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Goods and Services Tax and cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the said premises. 1(d) 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 Allottee/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 Allottee/Purchaser, which shall only be applicable on subsequent payments. 1(e) 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 preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Purchaser by the Promoter. 1(f) 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 three 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 Page 12 of 30 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. 1(g) The Allottee/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 Allottee/Purchaser undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 2.1. 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 Premises to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Premises. 2.2. Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the said premises to the Allottee and the common areas to the association of the Allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 6500 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 Allottee/Purchaser has agreed to purchase Page 13 of 30 the said Premises based on the proposed construction and sale of premises 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. 4.1. If the Promoter fails to abide by the time schedule for completing the project and handing over the said premises of apartment to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, i.e. _______% per annum on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee (s) to the Promoter. 4.2. Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Allottee/Purchaser committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Allottee 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 Allottee/Purchaser, by Registered Post AD at the address provided by the Allottee and mail at the e-mail address provided by the Allottee/, 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 Allottee/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 Allottee (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 Premises which may till then have been paid by the Allottee to the Promoter. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall deduct ……% of the total amount of consideration received from the Allottee/Purchaser and shall refund the balance amount within a period of thirty days of the termination. Page 14 of 30 5. 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 Premises as are set out. 6. The Promoter shall give possession of the said premises to the Allottee/Purchaser on or before ________________. If the Promoter fails or neglects to give possession of the Premises to the Allottee 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 Allottee the amounts already received by him in respect of the Premises 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 Premises 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. If, however, the completion of the project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of the time for delivery of the Possession of the Premises, provided that such force majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to force majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee/Purchaser the entire amount received by the Promoter from the Allotment within 30 days from that date. After any refund of the money paid by the Allottee, Allottee agrees that he/she shall not have any rights, claims, etc., against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.1 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the said premises of apartment to the Allottee/Purchaser in terms of this Agreement to be taken within 3 months from the date of issue of such notice and the Promoter shall give possession of the said premises to the Page 15 of 30 Allottee/Purchaser. The Promoter agrees and undertakes to indemnify the Allottee/Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee/Purchaser agree(s) to pay the maintenance charges as determined by the Promoter or association of Allottee, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the said premises within 15 days of the written notice from the Promoter to the Allottee/Purchaser intimating that the said premises are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of Said Premises from the Promoter: Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee 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 Allottee/Purchaser. In case the Allottee/Purchaser fails to take possession within the time provided in clause 7.1 such Allottee/Purchaser shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the said premises of apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Premises or the building in which the Premises 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 Allottee/Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided after receiving of the apartment from the Promoter, any damage due to wear and tear of whatsoever nature caused thereto, the Promoter shall not be responsible for the cost of re-instating and repairing such damages caused by the Allottee/Purchaser and the Allottee/Purchaser alone shall liable to rectify and re-instate the same at his own costs. Provided further however, that the Purchaser shall not carry out any alterations of the whatsoever nature in the said premises of phase wing and specific the structure of the said unit/ wing/ phase of the said building which shall include but not limit to column, beams, etc., or in the fittings, therein, in particular it is hereby agreed that the Purchaser shall not make any alteration in any of the fittings, pipes, water supply connections or any creation or alteration in the bathroom, toilet and kitchen which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect liability automatically Page 16 of 30 shall become void. The word defect here means only the manufacturing. 8. The Allottee 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. 9. The Allottee along with other Allottee(s) of apartment in the building shall join in forming and registering the Cooperative Housing Society or Association or a Limited Company to be known by 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 cooperative housing society or association or limited 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 their sincere and utmost cooperation to such ad-hoc committee till the formation and registration of the society or association or limited company. 9.1. 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 cooperation 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 Page 17 of 30 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 cooperative 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 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 authorities 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. 9.2 The Promoter shall, within three months of registration of the federation/apex body of the societies or limited companies, as aforesaid, cause to be transferred to the federation/apex body all the right, title and the interest of the Vendor/lessor/original owner/promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3. Within 15 days after notice in writing is given by the Promoter to the Purchaser that the Premises 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 Premises) 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 Page 18 of 30 necessary and incidental to the 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 Allottee/Purchasers share is so determined the Allottee/Purchaser shall pay to the Promoter provisional monthly contribution of Rs.____________ per month towards the outgoings. The amounts so paid by the Allottee/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. 10. The Allottee shall on or before delivery of possession of the said premises keep deposit with the Promoter the following amount i) requisite amounts to the Promoters on demand towards legal charges, entrance fees and share capital, society formation charges, Water connection charges, infrastructural charges, electric meter and deposit charges, solar charges, balcony enclosing charges and other incidental expenses thereto. ii) Requisite amount and charges on account of service tax, value added tax, goods and service tax, stamp duty and registration fees and any other taxes and levies as may be imposed by the concerned government and semi-government authorities as and when demanded by the Promoters. iii) Provisional outgoings for municipal taxes, water bill, bore- well common electric expenses if any (24 months contribution is to be paid at the time of possession) as well as requisite lift charges and proportionate expenses thereto. iv) Electric meter and deposit charges as well as proportionate share for transformer installation and its equipments and accessories thereto. 11. The Allottee/Purchaser shall pay to the Promoter requisite costs for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Promoter in connection with the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee/Purchaser shall pay to the Promoter, the Allottee/Purchaser share of stamp duty and registration charges payable, by the said Society or Limited Company on such Page 19 of 30 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 Allottee/Purchaser shall pay to the Promoter, the Allottee 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. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee 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; 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 Allottee/Purchaser created herein, may prejudicially be affected; Page 20 of 30 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 Allottee/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 Allottee/Purchaser in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the Association of Allottee/Purchaser the Promoter shall handover lawful, vacant, peaceful, physical possession of the common area soft he Structure to the Association of the Allottee/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. 14. The Allottee or himself/themselves with intention to bring all persons into whosoever hands the Premises may come, hereby covenants with the Promoter as follows:- i. To maintain the said premises the Allottee/Purchaser's own cost in good and tenantable repair and condition from the date that of possession of the Premises is taken and shall not do or suffer to be done anything in or to the building in which the Premises 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 Premises is situated and the Premises 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 construction or structure of the building in which the Premises is situated or storing of which goods is objected to by the concerned local or other authority and Page 21 of 30 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 Premises on account of negligence or default of the Allottee/Purchaser in this behalf, the Allottee/Purchaser shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Premises and maintain the Premises in the same condition, state and order in which it was delivered by the Promoter to the Allottee/Purchaser and shall not do or suffer to be done anything in or to the building in which the Premises is situated or the Premises 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 Allottee/Purchaser committing any act in contravention of the above provision, the Allottee/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 Premises 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 Premises or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Premises is situated and shall keep the portion, sewers, drains and pipes in the Premises and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Premises 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 Premises 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 Premises 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 Premises in the compound or any portion of the project land and the building in which the Premises is situated. Page 22 of 30 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 Premises 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 Premises by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Premises until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up and necessary intimation is provided to the Promoter and no objection therefore is sought by the Allottee from the Promoter for such transfer and assignment. x. The Allottee 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 premises 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 Allottee 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 Premises 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 Premises is situated is executed in favour of Society/Limited Society, the Allottee/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 Premises is situated is executed in favour of Apex Body or Federation, the Allottee 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 Page 23 of 30 project land or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee/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. 16. 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 Allottee/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. 17. The Allottee 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 Allottee of the premises in the said buildings and the different common organisation will have unrestricted right of way in common spaces, roads and laying of pipelines, telephone and electric cables, sewerage and drainage line etc., 18. THE Allottee 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 Allottee/Purchaser. 19. 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 Allottee in the said buildings and the Allottee herein shall not, in any manner object the said right of the promoters. It is further agreed that in such event (Allottee 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 Page 24 of 30 those would be acquired with a view to developing them and the Allottee/Purchaser herein shall not object the said right of the Promoter in any manner. 20. The Promoters have brought to the clear notice and knowledge of the Allottee 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 Allottee 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 Allottee/Purchaser is aware of the same and the Allottee/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 Allottee/Purchaser under this agreement. The Allottee/Purchaser further confirm and undertake that he will issue cheques of the instalment 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 Allottee under this agreement. 21. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter execute this agreement he shall not mortgage or create a charge on the (Apartment) and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such (Apartment/Plot). 22. BINDING EFFECT Forwarding this Agreement to the Allottee/Purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee 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 Allottee/Purchaser (s) fails to execute and deliver to the Page 25 of 30 Promoter this Agreement within 30 (thirty) days from the date of its 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. 23. 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. 24. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties herein. 25. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER / SUBSEQUENT ALLOTTEES/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. 26. 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. 27. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Page 26 of 30 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 of apartment to the total carpet area of all the said premises in the Project. 28. 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. 29. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee/Purchaser, in after the Agreement is duly executed by the Allottee/Purchaser and the Promoter or simultaneously with the execution the said Agreement shall be registered at the appropriate office of the Sub-Registrar. 30. The Allottee 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. 31. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified above. It shall be the duty of the Allottee and the promoter to inform each other their address, email ID or any change in address or email ID subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee/Purchaser, as the case may be. 32. JOINT ALLOTTEES Page 27 of 30 That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottees whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 33. Stamp Duty and Registration and statutory taxes and levies:- The charges towards stamp duty and Registration of this Agreement as well as statutory government, Semi-Government taxes and levies, service tax, goods and service tax, value added tax and all other direct and indirect taxes shall be borne by the Allottee alone. 34. Dispute Resolution: - Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Competent Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under. 35. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force. 36. This agreement shall 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. FIRST SCHEDULE OF THE DEVELOPABLE LAND SCHEDULE– I Mr. Dilip Parashram Kongere and Mr. Kamlakar Parashram Kongere are the owners of all that piece or parcels of land laying, being situate at village Varap, Tal. Kalyan, Dist Thane, bearing Survey No. 43, Hissa No 3/A (Old Survey No. 43/3 part), Area admeasuring 3000 Sq. Meter out of total Area 0H-46R-0P + Pot Kharaba 0H-02R-8P within the limits of the Grampanchayat Varap with all the easement rights and benefits bringing of the said land, hereinafter for the sake of brevity called and referred to as "The said Property No. 1". Mr. Laxman Govind Kongere and Others are the owners of all that piece or parcels of land laying, being situate at village Varap, Tal. Kalyan, Dist Thane, bearing Survey No. 43, Hissa No 3/A/1 (Old Page 28 of 30 Survey No. 43/3 part), Area admeasuring 3000 Sq. Meter out of total Area 0H-48R-6P within the limits of the Grampanchayat Varap with all the easement rights and benefits bringing of the said land, hereinafter for the sake of brevity called and referred to as "The said Property No. 2". SCHEDULE–II All that piece and parcel of flats/unit etc., Flat/unit Floor Wing Area in carpet No. in the proposed buildings known as “ ______________” in building known as “_________________” constructed on the land bearing Survey No.43/3A, area admeasuring 0H-30R-0P and 43/3A/1 area admeasuring 0H-30R-0P , total area admeasuring 60 guntha, situated at Village Varap, Taluka Kalyan, District Thane within the limits of the Grampanchayat Varap with all the easement rights and benefits. ANNEXURE – A - Copy of Title Report ANNEXURE –B - Copy of Property Card or extract Village Forms VI or VII and XII ANNEXURE –C-1 Copies of plans & Layout as approved by concerned Local Authority ANNEXURE - C-2 Copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project) ANNEXURE –D Authenticated copies of the plans and specifications of the said premises agreed to be purchased by the Allottee/Purchaser as approved by the concerned local authority ANNEXURE – E Specification and amenities for the Premises, ANNEXURE –F Page 29 of 30 IN WITNESS WHEREOF the parties have set and subscribed their respective hands and seals to this writing on the day and the year first hereinabove mentioned. SIGNED, SEALED AND DELIVERED By the within named Promoter M/S. KEDAR DEVELOPERS, THROUGH ITS PROPRIETOR, MR. MOHAN KEDARNATH KRISHNAVANSHI (PAN No. AANPY5106C) SIGNED & DELIVERED by the within named Allottee ________________________________ (PAN _______________) ________________________________ (PAN_______________) WITNESS: 1 2 Page 30 of 30 RECEIPT Received a sum of Rs.________________ (Rupees ________________ _______________________________only) from time to time prior to execution of this agreement in the following manner Amount Cheque Date Bank Branch No. from the purchaser herein as and by way of advance / part consideration. Rs. ____________ I/We say received M/S. KEDAR DEVELOPERS, THROUGH ITS PROPRIETOR, MR. MOHAN KEDARNATH KRISHNAVANSHI (PAN No. AANPY5106C) The Promoters