[1] AGREEMENT FOR SALE This Agreement made at Kalyan this _____ day of __________ in the year _____________ BETWEEN M/S. SIDDH ENTERPRISES, (PAN No. ABYFS7117D), a Partnership Firm, having its office at Shop no. 15, Prakash Trading Co. New Zunzarao Path, Station Road, Kalyan 421301 through its Partner 1] MR. JAYESH DUNGARSHI GALA 2] MR. VIHANG JAYESH GALA 3] MR. PRAKASH RAMRATAN GOYAL Hereinafter referred to as the "PROMOTERS/DEVELOPERS” (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include their heirs, executors and administrators and assigns) OF THE ONE PART; AND MR./MS. _________________ , age ___, Adult, Indian Inhabitant, Pan No ________________, Occupation _______________having address at ____________________________, Hereinafter referred to as the “ALLOTTEE/PURCHASERS” (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include their heirs, executors and administrators and assigns) OF THE OTHER PART; WHEREAS all that piece & parcel of land bearing land bearing C.T.S No. 1721 B (Old Survey no. 271, Hissa no. 1 (Part), in the building known as Raja Govind Building, area admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [2] or thereabouts more particularly described in the First Schedule hereunder written (Hereinafter called “THE SAID PROJECT LAND”) was originally owned and possessed by various owners; AND WHEREAS property bearing Gala No. 2 standing there on the land property bearing Ali No. 50, house No. 56, bearing C.T.S No. 1721 B admeasuring 30.5 sq. yards equivalent to 25.50 sq. mtrs. Situated at village – Kalyan and situated at Kalyan within the limits of Kalyan Municipal Corporation, Kalyan Division Kalyan Taluka Kalyan (hereinafter referred to as the “Said Property No. 1”) was held in the name of Shri Bhanji Nathu Prajapati and others; AND WHEREAS Shri Bhanji Nathu Prajapati and others transferred his right, title and interest in respect of Said property no. 1 in favour of Shri. Shrinath Shankarlal Khandelwal by and under registered Deed of Conveyance dated 04th June, 1982 which was duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 1124 registered on 16.07.1982; AND WHEREAS Shri. Shrinath Shankarlal Khandelwal died intestate on 28.03.2004 leaving behind his only legal heirs i.e. his wife Rajkuvar Shrinath Khandelwal, son Ravindra Shrinath Khandelwal and son Vinayak Shrinath Khandelwal and one daughter Anjali Rajesh Siroya. The legal heirs had applied in the court of Hon’ble Civil Judge SD at Kalyan having M.A. No. 275/2017 for grant of legal heirship rights of the Said Property No.1 whereby wife Rajkuvar Shrinath Khandelwal, son Ravindra Shrinath Khandelwal and one daughter Anjali Shrinath Khandelwal @ Mrs. Anjali Rajesh Siroya gave their no objection and release their respective rights in the Said Property no. 1 in ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [3] favour of Mr. Vinayak Shrinath Khandelwal. Likewise on obtaining the heirship certificate Mr. Vinayak Shrinath Khandelwal became the owner of the Said Property no. 1; AND WHEREAS Mr. Vinayak Shrinath Khandelwal transferred the development right of the Said Property no.1 in the name and favour of Promoter/Developer by and under registered development Agreement which was duly registered in the office of Sub-Registrar of Assurance Kalyan under serial no. KLN2-3116- 2023 registered on 10.02.2023; AND WHEREAS property bearing Room No. 1 area admeasuring area admeasuring 39.20 Sq. Mtrs Situated at village – Kalyan and situated at Kalyan within the limits of Kalyan Municipal Corporation, Kalyan Division Kalyan Taluka Kalyan (hereinafter referred to as the “Said Property No. 2”) was held in the name of Sau. Meena Laxmi Narayan and mutated in revenue record vide Mutation Entry no. 1463; AND WHEREAS Sau. Meena Laxmi Narayan transferred his right, title and interest in respect of Said property no. 2 in favour of M/s. Nidhi Developers through its partner Chetan Sharad Apte and Shri Dilip Sridhar Devghar by and under registered Agreement for Sale dated 16th March, 2009 which was duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 00930/2009 registered on 16.03.2009 and mutated in revenue record vide Mutation Entry no. 1464; AND WHEREAS M/s. Nidhi Developers through its partner Chetan Sharad Apte and Shri Dilip Sridhar Devghar transferred his right, title and interest in respect of Said property no. 2 in favour of M/s. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [4] Siddh Enterprises through its partner Mr. Jayesh Dungarshi Gala and Shri. Prakash Ramratan Goyal by and under registered Agreement for Sale dated 25th January 2011 which was duly registered in the office of Sub-Registrar Assurance kalyan under serial no. 00517/2011 registered on 25.01.2011 and mutated in revenue record vide Mutation Entry no. 1465; AND WHEREAS Property bearing house no. 180 area admeasuring 129.20 Sq. Mtrs Situated at village – Kalyan and situated at Kalyan within the limits of Kalyan Municipal Corporation, Kalyan Division Kalyan Taluka Kalyan (hereinafter referred to as the “Said Property No. 3”) was held in the name of Shri Kantilal Alias Bhagwanji Arjunbhai Gadher and 2 others and mutated in revenue record vide Mutation Entry no. 1469; AND WHEREAS 1. Kantilal (alias Bhagvanji) Arjunbhai Gadher, 2. Jagdish Arjunbhai Gadher, 3. Chandrakant ArjunBhai Gadher transferred his right, title and interest in respect of Said property no. 3 in favour of M/s. Siddh Enterprises through its partner Mr. Jayesh Dungarshi Gala and Shri. Prakash Ramratan Goyal by and under registered Agreement for Sale dated 1st February 2011 which was duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 01333/2011 registered on 01.02.2011 and mutated in revenue record vide Mutation Entry no. 1462; AND WHEREAS building standing on CTS No. 1721 B area admeasuring 440.55 Sq. Mtrs Situated at village – Kalyan and situated at Kalyan within the limits of Kalyan Municipal Corporation, Kalyan Division Kalyan Taluka Kalyan (hereinafter referred to as the “Said Property No. 4”) was held in the name of Smt. Bharti Bhanji Chitroda and 6 others; ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [5] AND WHEREAS Smt. Bharti Bhanji Chitroda and 6 others transferred their respective right, title and interest in respect of Said property no. 4 in favour of M/s. Siddh Enterprises through its partner Mr. Jayesh Dungarshi Gala and Shri. Prakash Ramratan Goyal by and under registered Agreement for Sale dated 28th April 2011 which was duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 4446/2011 registered on 28.04.2011. And further the same was confirmed vide registered Sale Deed dated 20th August 2011 duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 9035/2011 registered on 20.08.2011; AND WHEREAS property bearing house no. 50 which is also part of said property no. 4 situated at village – Kalyan and situated at Kalyan within the limits of Kalyan Municipal Corporation, Kalyan was held in the name of Smt. Leelaben Walji Kumbhar Prajapati Chitroda and 8 others; AND WHEREAS Smt. Leelaben Walji Kumbhar Prajapati Chitroda and 8 others transferred their right, title and interest in respect of Said property no. 4 in favour of M/s. Siddh Enterprises through its partner Mr. Jayesh Dungarshi Gala and Shri. Prakash Ramratan Goyal by and under registered Agreement for Sale dated 24th March 2011 which was duly registered in the office of Sub- Registrar Assurance Kalyan under serial no. 03187/2011 registered on 24.03.2011; AND WHEREAS property bearing house C.T.S No. 1721-B area admeasuring 34.47 sq. meters, Lane No. 50, House No. 180, Situated at village – Kalyan and situated at Kalyan within the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [6] limits of Kalyan Municipal Corporation, Kalyan Division Kalyan Taluka Kalyan (hereinafter referred to as the “Said Property No. 5”) was held in the name of Mr. Chandrashekhar Krishnarao Chumble and mutated in revenue record vide Mutation Entry no. 605; AND WHEREAS Mr. Chandrashekhar Krishnarao Chumble transferred the development right in respect of Said property no. 5 in favour of M/S. SIDDH ENTERPRISES through its partner Mr. Jayesh Dungarshi Gala and Shri. Prakash Ramratan Goyal by and under registered Development Agreement dated 29th March, 2023 which was duly registered in the office of Sub-Registrar Assurance Kalyan under serial no. 7699/2023 registered on 29.03.2023; AND WHEREAS the Said Property No. 1 to 5 hereinafter collectively be referred as the “SAID PROJECT LAND”; AND WHEREAS as per the property card bearing C.T.S No. 1721 B in the building known as Raja Govind Building the entire area of the land is admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan; out of which an area admeasuring 608.93 sq. meters. stands in the name of M/S Siddh Enterprises; an area admeasuring 25.50 sq. meters. stands in the name of Vinayak Shrinath Khandelwal and an area admeasuring 34.47 sq. meters. stands in the name of Mr. Chandrashekhar Krishnarao Chumble; (i)Any covenants affecting the said property-Not Applicable. (ii)Any impediments attached to the said property- Not Applicable. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [7] (iii)Number and Area occupied by Tenants and how they are proposed to be settled so as to have clear possession of the said property- Not Applicable. (iv)Details of illegal encroachment on the said property- Not Applicable. (v)Any permission (if any) required from any Government or Authority which affects the title to the property and details of all such required permissions obtained- Not Applicable. (vi)Details of mortgage or lien or charge on the said property.)- Not Applicable. AND WHEREAS the said Project Land was converted to Non- Agricultural use by order of Tahsildar, Kalyan vide no. ______________________________ dated __________ and was mutated in revenue record vide Mutation Entry No. ________. AND WHEREAS the Promoter is entitled and enjoined upon to construct buildings on the said Project land in accordance with the recitals hereinabove; AND WHEREAS Construction permission granted by Kalyan Dombivli Municipal Corporation by order bearing no. _______________________ dated ____________ for the said Project land bearing C.T.S No. 1721 B in the building known as Raja Govind Building, area admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan and said construction for Ground Floor + ___ Floor for Residential and Commercial Use. Floor plan duly approved by Kalyan Dombivli ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [8] Municipal Corporation by order bearing no. _________________ dated ___________ for the said Project land. AND WHEREAS the Promoter has decided to complete the development of above referred project land as per present CC received and thereafter, based on future CC based on potential FSI of the said project land, additional construction shall also be undertaken. The Promoter has proposed to construct Ground + __ floors building on the said project land; AND WHEREAS the Promoter has proposed to construct on the said Project Land under the project building to be known as “ROYAL MEADOWS” on the said Project Land bearing City Survey No. 1721 B having area admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan or thereabouts more particularly described in the First Schedule hereunder written , which shall consists of Ground Floor + ___ Upper Floor for Residential and Commercial Use. AND WHEREAS the Allottee/s is/are offered Flat bearing no. ______ on _____ floor, in the Building known as “____________” ( hereinafter referred to as the “ Said Building”) which is to have total carpet area of ________ sq. mtrs constructed on the said Project Land by the Promoter. AND WHEREAS the Promoter has entered into a standard agreement with ________ (hereinafter referred to as “the Architect”) registered with the Council of Architects and such ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [9] agreement is as per the agreement prescribed by the Council of Architects, and whereas the Promoter has appointed ________ as RCC Consultant for the preparation of the structural design and drawings of the New Building and the Promoter accepts the professional supervision of the Architect and the RCC Consultant till the completion of the new building; AND WHEREAS the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at ______________ no. ____________ ; authenticated copy is attached in Annexure “E”. AND WHEREAS by virtue of the Development Agreement/Power of Attorney the 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 Agreement/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, designs and specifications prepared by the Promoter's __________________________ 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 thereunder; AND WHEREAS the title and the right of the Promoter to develop the said project land and to sell the flats/shops/units in the new Building to be constructed by the Promoter on the said Land, is ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [10] certified by their lawyer Shri. Chetan D. Agrawal of M/s. S.C. Legals as per their Title Certificate dated ________ copy of Title certificate is attached in Annexure “A”. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure B-1. 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 marked as Annexure B-2. AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as sanctioned and approved by the local authority have been annexed and marked as Annexure C. 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 various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [11] of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. 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, prior to the date hereof, examined a copy of the RERA Certificate and has caused the same to be examined in detail by his/her/its Advocates and Planning and Architectural consultants. The Allottee has agreed and consented to the development of the New Building. The Allottee has also examined all documents and information uploaded by the Developer on the website of the Authority as required by RERA and the RERA Rules and has understood the documents and information in all respects AND WHEREAS the Allottee has applied to the Promoter for allotment of a Flat No. _____ on _____ floor situated in the building known as ____________ being constructed on the said Project land. AND WHEREAS the carpet area of the said Flat is ______ sq. mtrs and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and 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 apartment. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [12] AND WHEREAS the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS Prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs ___________/- (Rupees _________________________________) 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 has registered the Project under the provisions of the Real Estate (Regulation and Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at _____ no. ______; AND WHEREAS The Allottee/s has/have perused the approved building plans and the floor plan, designs and specifications prepared by the Developer’ Architect, the nature and quality of construction and fittings, fixtures, facilities and amenities provided/to be provided thereto. The Allottee/s have demanded from the Promoter and the Promoter has given inspection to the Allottee/s of all the documents of title relating to the said project land and such other documents as are specified under the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [13] Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as “the MOFA”) and the RERA Act and the rules made there under. The Allottee/s has/have prior to the execution of this Agreement satisfied himself/herself/itself/themselves about the title of the Promoter to the said project land and no requisition or objection shall be raised upon the Promoter in any matter relating thereto. AND WHEREAS The Allottee/s has/have carefully read and understood the contents and meanings of each of the clauses of this Agreement, along with all the aforesaid and hereunder relevant information furnished by the Promoter and the Allottee/s has/have also taken independent legal advice and only thereafter he/she/they has/have agreed to enter into this agreement; 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 the Allottee hereby agrees to purchase the (Apartment/Plot) and the garage/covered parking(if applicable) NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [14] 1. The Promoter shall construct the said building/s consisting of ground/ stilt, /................. 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 hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Flat No_________ of the type of carpet area ______ sq. metres on ______ floor in the building known as _______________ (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures B-1 and B-2 for the consideration of Rs _____________ /- (Rupees __________________only) including Rs__________________ /- (Rupees ___________________________ only) being 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 Third Schedule annexed herewith. (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing No. _______ having Stack Size of _________mm x _______mm with Car load capacity of ___ Tons situated at stilt being constructed in the layout. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [15] 1(b) The Allottee has paid on or before execution of this agreement a sum of Rs. _____ ______ /- (Rupees ___________________________only (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs. _______ /- (Rupees ____________________________only) in the following manner:- i. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building or wing in which the said Apartment is located. iii. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. iv. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 80% of the total consideration) to be paid to the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [16] Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs__________________ /- (Rupees ___________________________ only)( not exceeding 85% of the total consideration) 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 Apartment is located. vii. Amount of Rs__________________ /- (Rupees ___________________________ only) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. viii. Balance Amount of Rs__________________ /- (Rupees ___________________________ only) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 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, 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 [Apartment/Plot]. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [17] 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 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, 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 instalments payable by the Allottee by discounting such early payments @ ____% per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 1.(f)The Promoter shall confirm the final carpet area that has been allotted to the Allottee 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 the excess money paid by Allottee ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [18] 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 Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee 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 2-4 of this Agreement. 1(g) The Allottee 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 undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. Note: Each of the instalments mentioned in the clause (3) and (4) shall be further subdivided into multiple instalments linked to number of basements/podiums/floors in case of multi-storied building /wing. 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 Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [19] 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 [Apartment/Plot] 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 4 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 ___________ square meters only and Promoter has planned to utilize Floor Space Index of ____________ square meter 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 __________ Square meter as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [20] 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the 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, 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 clause 4.1 above, on the Allottee 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 instalments, 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, 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 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. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [21] 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 instalments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the Apartment as are set out in Annexure 'D', annexed hereto. 6. The Promoter shall give possession of the Apartment to the Allottee on or before _______________. If the Promoter fails or neglects to give possession of the Apartment 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 Apartment with interest at the same rate as may mentioned in the clause 15 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 Apartment on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of - (i) war, civil commotion or act of God ; ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [22] (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 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 [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, 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 Apartment within 15 days of the written notice from the Promotor to the Allottee intimating that the said Apartments are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 17.1, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [23] Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 17.1 such Allottee 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 Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of *residence/office/show-room/shop for carrying on any industry or business.(*strike of which is not applicable). He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other Allottee(s)s of Apartments in the building shall join in forming and registering the 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, ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [24] including the bye- laws 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 Allottee, so as to enable the Promoter to register the common organization of Allottee. No objection shall be taken by the Allottee 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. 9.1 The Promoter shall, within three months of 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 Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 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 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 Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [25] Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the 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 Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs__________________ /- (Rupees ______________ only) per month towards the outgoings. The amounts so paid by the Allottee 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 deposited with the Promoter, the following amounts:- i. Rs_____________/- (Rupees _____________________ only) for share money, application entrance fee of the Society or Limited ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [26] Company/Federation/ Apex body. ii. Rs_____________/- (Rupees _____________________ only) for formation and registration of the Society or Limited Company/Federation/ Apex body. iii. Rs_____________/- (Rupees _____________________ only) for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body. iv. Rs_____________/- (Rupees _____________________ only) for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. v. Rs_____________/- (Rupees _____________________ only) for Deposit towards Water, Electric, and other utility and services connection charges & vi. Rs_____________/- (Rupees _____________________ only) for deposits of electrical receiving and Sub Station provided in Layout. 11. The Allottee shall pay to the Promoter a sum of Rs______________ /- (Rupees ________________________ only) for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [27] 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' 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; ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [28] 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 created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale/ or development agreement or any other agreement/ arrangement with any person or party with respect to the project land, including the project land, including the Project and the said [Apartment/ Plot] which will, in any manner, affect the rights of Allottee under this Agreement; ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [29] viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottee; 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, whatoever, 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 of the said property) has been received or served upon the Promoter in respect of the project land and / or the Project expect those disclosed in the title report 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Apartment at the Allottee’s own cost in good ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [30] and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Apartment 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 Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [31] authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [32] building in which the Apartment is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the 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 Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. 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 Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [33] all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. The Promoter after receiving completion certificate from Kalyan Dombivli Municipal Corporation, shall cause to transferred to the association all the right, title & the interest of the VENDOR/ PROMOTER and /or the owners in the said structure of the building or wing in which the said apartment is situated, provided that all the flat purchasers have paid their respective amount of consideration to the vendor. xii. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, 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 said buildings 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 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. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [34] 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 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. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes 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]. 18. BINDING EFFECT Forwarding this Agreement to the Allottee 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 Allottee and secondly, appears for registration of the same before the ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [35] concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee 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 Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entier Agreement Be tween 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 apartment/plot/building, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE/ SUBSEQUENT ALLOTTEES 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 ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [36] shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes. 22. 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. 23. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the [Apartment/Plot] to the total carpet area of all the [Apartments/Plots] in the Project. 24. FURTHER ASSURANCES Both Parties 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 ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [37] 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. 25. 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, in ___________ after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at ___________. 26. 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. 27. 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 below: M/S. SIDDH ENTERPRISES Shop no. 15, Prakash Trading Co. New Zunzarao Path, Station Road, Kalyan 421301. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [38] Notified Email ID: Name of Allottee : (Allottee’s Address) : Notified Email ID: It shall be the duty of the Allottee and the promoter to inform each other of any change in address 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, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee 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. 29. STAMP DUTY AND REGISTRATION, GST AND OTHER CHARGES: - The charges towards stamp duty and Registration, GST, other charges of this Agreement shall be borne by the Allottee. 30. 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 _________ _ Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [39] 31. 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 and the courts will have the jurisdiction for this Agreement. IN WITNESS WHEREOF PARTIES HEREINABOVE NAMED HAVE SET THEIR RESPECTIVE HANDS AND SIGNED THIS AGREEMENT FOR SALE AT KALYAN IN THE PRESENCE OF ATTESTING WITNESS, SIGNING AS SUCH ON THE DAY FIRST ABOVE WRITTEN. FIRST SCHEDULE ABOVE REFERRED TO (“DESCRIPTION OF THE SAID PROJECT LAND”) All that piece & parcel of land bearing C.T.S No. 1721 B, in the building known as Raja Govind Building, area admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan and collectively bounded as follows : On or towards East: ______________________ On or towards West : ______________________ On or towards South : ______________________ On or towards North : _______________________ ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [40] SECOND SCHEDULE ABOVE REFERRED TO (“DESCRIPTION OF THR SAID APARTMENT”) All that piece and parcel of Flat no. _____ having carpet area admeasuring _______ sq.mtrs on the _____ floor in the project known as ___________ in the Building Known as ____________ situated at Land bearing C.T.S No. 1721 B, in the building known as Raja Govind Building, area admeasuring about 668.90 Sq. Mtrs situated at Village and Taluka Kalyan, District Thane, within the limits of Kalyan Dombivli Municipal Corporation, within Registration District Thane, Sub registration District Kalyan. SIGNED AND DELIVERED BY THE WITHIN NAMED SIGNED AND DELIVERED BY PHOTO THUMB THE WITHIN NAMED IMPRESSION PROMOTER: AND SIGNATURE M/S. SIDDH ENTERPRISES THROUGH ITS PARTNERS 1) MR. JAYESH DUNGARSHI _____________ GALA 2) MR. VIHANG JAYESH GALA _____________ 3) MR. PRAKASH RAMRATAN GOYAL _____________ ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [41] in the presence of WITNESSES: 1. ______ 2. ____________ SIGNED AND PHOTO THUMB DELIVERED BY THE IMPRESSION WITHIN NAMED AND SIGNATURE ALLOTTEE: MR. _________________ ___ in the presence of WITNESSES: 1. _____________ 2. ____________ SCHEDULE ‘A’ PLEASE INSERT DESCRIPTION OF THE [APARTMENT/PLOT] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTION SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT ANNEXURE – A TITLE REPORT ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS [42] ANNEXURE – B-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) ANNEXURE – B-2 (Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings are proposed to be provided for on the said project) ANNEXURE -C (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE -D (Specification and amenities of the Appartment) ANNEXURE -E (Authenticated copies of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) ______________________ ___________________________ THE PROMOTERS THE ALLOTEE/PURCHASERS