-1- AGREEMENT FOR SALE THIS AGREEMENT FOR SALE, made, entered and executed on this … day of month of ………. 2024 at Dombivli, Tal- Kalyan, Dist-Thane. BY AND BETWEEN M/s. JAY ASHAPURA DEVELOPERS, (Pan No.AALFJ6390F), a Registered Partnership Firm, duly formed & constituted under Indian Partnership Act, 1932, having its Office at Bhim Kene Chawl, Near Diva Vasai Railway Line, Ayaregaon, Dombivli (East), Tal. Kalyan, Dist. Thane-421 201, represented through its Partners Mr. Ravindra Dashrath Patil, adult, Occ-Business, (Pan No.AKYPP3155H) & Mr. Harishchandra Waman Kene, Adult, Occ- Business, (Pan No.ANXPK0485B), hereinafter for the sake of brevity and convenience called and referred to as “THE DEVELOPER/PROMOTER” (which expression shall unless it be repugnant to the context or meaning thereof shall mean & include its present & future Partners of the said Partnership Firm, their respective legal heirs, executors, representatives, administrators and assigns)….. THE FIRST PART. AND a) SHRI/SMT. ……………………………………………………………………, Age……… years, Occ:……………………, Pan No………………………. Adhar No. ………………….., Email ID : ………………………………………, residing at ………………………………………………………………………… a) SHRI/SMT. ……………………………………………………………………, Age……… years, Occ:……………………, Pan No………………………. Adhar No. ………………….., Email ID : ………………………………………, residing at ………………………………………………………………………… hereinafter for the sake of brevity and convenience called and referred to as ‘THE ALLOTTEE/S’ (which expression shall unless it be repugnant to the context or meaning thereof shall mean & include respective legal heirs, executors, representatives, administrators and assigns etc.) ….. THE SECOND PART. WHEREAS vide Sale Deed, 07.06.1954, the Original Owners Shri. Rajaram Shevdya Patil & Shri. Gangaram Vithu Patil had THE PROMOTERS THE ALLOTTEE/S -2- purchased the land bearing Survey No.42, Hissa No.1 part, admeasuring 1130 sq. meters, as per 7/12 extract, lying, being and situated at Village-Ayare, Tal-Kalyan, Dist-Thane, within the limits of Kalyan Dombivli Municipal Corporation and within the jurisdiction of Sub-Registration Kalyan, Dist-Thane from Shri. Shrikrishna Narayan Patkar, for the consideration of Rs.250/- and It is reflected by vide Mutation Entry No.416, dated 16.09.1955, hereinafter for the sake of brevity and convenience called and referred to as ‘THE PLOT NO.1’. AND WHEREAS Vide Sale Deed, dated 05.08.1999 the Court commissioner Smt. Radha Charndas Bhagat on behalf Shri. Gangaram Vithu Patil and Shri. Rajaram Shevadya Patil (deceased) through, had sold area as per 7/12 extract, admeasuring 400 sq. yards equivalent 334.44 sq. meters to Smt. Saraswati Dhondiram Shevale, for valuable consideration of Rs.6,600/-. The said Sale Deed has been duly registered in the Office of Sub Registrar Kalyan-3 at Document No.KLN-3-2830/1999 on 05.08.1999. It is reflected by Mutation Entry No.2786, dated 15.12.2010. AND WHEREAS Smt. Saraswati Dhondiram Shevale had expired on 08.04.2010 and her husband Shri. Dhondiram Shevale had already expired on 21.01.1970, leaving behind Shri. Rohidas Dhondiram Shevale, being only the legal heir. Subsequently Shri. Rohidas Dhondiram Shevale, had expired on 29.09.2010 leaving behind them a) Smt. Alka Rohidas Shevale, b) Mr. Anand Rohidas Shevale c) Mr. Kiran Rohidas Shevale & d) Miss. Neelambari Rohidas Shevale, only legal heirs. It is reflected by Mutation Entry No.2851, dated 15.11.2011. AND WHEREAS vide Registered Development Agreement, dated 13.01.2023 a) Smt. Alka Rohidas Shevale, b) Mr. Anand Rohidas Shevale, c) Mr. Kiran Rohidas Shevale & d) Miss. Neelambari Rohidas Shevale, have entrusted area as per 7/12 extract, 334.44 sq. meters for development to M/s. Jay Aashapura THE PROMOTERS THE ALLOTTEE/S -3- Developers through its Partners namely i) Mr. Ravindra Dashrath Patil & ii) Mr. Harishchandra Waman Kene, for development. The said Development Agreement is duly registered in the Office of Sub- Registrar, Kalyan-3 at Document No. KLN-3-755/2023 on 13.01.2023. AND WHEREAS vide registered Irrevocable Power of Attorney, dated 13.01.2023 the Landowners a) Smt. Alka Rohidas Shevale, b) Mr. Anand Rohidas Shevale, c) Mr. Kiran Rohidas Shevale & d) Miss. Neelambari Rohidas Shevale, have granted development powers in respect of the aforesaid Property in favour of M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene. The said Irrevocable Power of Attorney is duly registered in the Office of Sub- Registrar, Kalyan-3, at Document No. KLN-3-756/2023 on 13.01.2023. AND WHEREAS under Supplementary Agreement, dated 18.04.2024 executed between a) Smt. Alka Rohidas Shevale, b) Mr. Anand Rohidas Shevale, c) Mr. Kiran Rohidas Shevale & d) Miss. Neelambari Rohidas Shevale, as Owners & M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene, the developers Pancard no is inserted in the said transaction. The said supplementary Agreement is duly registered in the Office of Sub-Registrar, Kalyan-3, at Document No. KLN-3-5695/2024 on 18.04.2024. AND WHEREAS Upon the strength of Development Agreement & Irrevocable Power of Attorney, dated 13.01.2023 executed by the Landowners a) Smt. Alka Rohidas Shevale, b) Mr. Anand Rohidas Shevale, c) Mr. Kiran Rohidas Shevale & d) Miss. Neelambari Rohidas Shevale the Developers M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene have absolute right and power to develop the said property by way of constructing building thereon and THE PROMOTERS THE ALLOTTEE/S -4- to sell the said proposed construction to the prospective purchasers, hereinafter for the sake of brevity and convenience called and referred to as ‘THE PLOT NO.1’. WHEREAS SHRI. GUNAJI NANA MADHAVI is the Owner of the land bearing City Survey No.2326, admeasuring about 38.00 sq. meters, lying, being and situated at Village- Ayare, Tal-Kalyan, Dist-Thane, within the limits of Kalyan Dombivli Municipal Corporation and within the jurisdiction of Sub- Registration Kalyan, Dist-Thane, hereinafter for the sake of brevity and convenience called and referred to as ‘THE PLOT NO.2’. AND WHEREAS vide Registered Development Agreement, dated 18.05.2023 the Landowner Shri. Gunaji Nana Madhavi, has entrusted the aforesaid Property for development in favour of M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene. The said Development Agreement is duly registered in the Office of Sub-Registrar, Kalyan-3 at Document No. KLN-3-7405/2023 on 18.05.2023. AND WHEREAS vide Registered Irrevocable Power of Attorney, dated 18.05.2023 the Landowner Shri. Gunaji Nana Madhavi, has granted development powers in favour of M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene in respect of the aforesaid Property. The said Irrevocable Power of Attorney is duly registered in the Office of Sub-Registrar, Kalyan-3, at Document No. KLN-3- 7406/2023 on 18.05.2023. AND WHEREAS Upon the strength of Development Agreement & Irrevocable Power of Attorney executed between the Landowner Shri. Gunaji Nana Madhavi and M/s. Jay Aashapura Developers through its Partner Mr. Ravindra Dashrath Patil & Mr. Harishchandra Waman Kene have absolute right to develop the said property by way of constructing building thereon and to sell the said THE PROMOTERS THE ALLOTTEE/S -5- proposed construction to the prospective purchasers, hereinafter for the sake of brevity and convenience called and referred to as ‘THE PLOT NO.2’. AND WHEREAS the aforesaid plot no.1 and plot no.2, are more particularly described in the First Schedule hereunder written (hereinafter referred to as “the project land”). AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Vendor/Lessor/Original Owner / Promoter is in possession of the project land. AND WHEREAS the Promoter/Builders are in possession of the said Property and are entitled and enjoined upon to construct buildings Building consist of Stilt + Ground Floor to Seven Floor (Residential) having Library admeasuring ……… sq. meters on the First Floor for the Kalyan Dombivli Municipal Corporation, Kalyan on the said Property in accordance with the recitals hereinabove, and have propounded to construct building being known as “H. R. HEIGHTS” and to sell, transfer the tenements to be constructed on the said property and receive consideration thereof subject to allotment of constructed units of an area admeasuring 42% Saleable out of sanction plan on basic FSI (1.0) of the said property to Landowners/Sellers and right to use of proportionate Recreation Ground after notional demarcation of an area as shown in the map annexed to the minutes of order and the land to be conveyed in favour of the cooperative housing society of buildings will not be equivalent and in proportion to the floor space index used, utilized and consumed in the construction of buildings & the Allottee herein granted his/her express & irrevocable consent for such transfer and construction thereon. That the Developer intend to initially construct the building namely “H R HEIGHTS”. AND WHEREAS The Kalyan Dombivli Municipal Corporation Authority have sanctioned and approved building plans, THE PROMOTERS THE ALLOTTEE/S -6- specifications, elevations, sections for development vide its Building Permission No. KDMC/NRV/4165 dated 26.10.2023 for carrying out construction of buildings, on the land / property (Area of the Plot as per site) by utilizing and consuming Floor Space Index (FSI), hereinafter for the sake of brevity called and referred to as ‘the Said Property’. In pursuant to the sanctioned plans and permissions as recited hereinabove, the Promoters have commenced the construction work of the building on said property. 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 H R Heights (herein after referred to as the said “Building”) being constructed in the _____phase of the said project, by the Promoter. AND WHEREAS The Promoters have appointed Architect, Mr. Shreyash Brid, Dombivli (E), who are duly registered with the Council of Architects. The Promoters have also appointed the structural Engineer Mr. Adity Rajan Deshmukh, Dombivli (E) for structural designs and drawings of the building/s and the Promoters have accepted professional supervision of the Architects and the structural Engineers till the completion of the 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 ‘F’; AND WHEREAS by virtue of the Development Agreements /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 THE PROMOTERS THE ALLOTTEE/S -7- relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Mr. Shreyash Brid, Dombivli (E), 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 authenticated copies of Certificate 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 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 marked as Annexure 'A' and 'B', respectively. 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 C-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 C-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 D. 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, THE PROMOTERS THE ALLOTTEE/S -8- 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 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 applied to the Promoter for allotment of an Apartment No. ......... on ........floor in wing ____ situated in the building H R Heights being constructed in the ______ phase of the said 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 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. 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 THE PROMOTERS THE ALLOTTEE/S -9- 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 & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. …………; 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 THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct buildings Building consist of Stilt + Ground Floor to Seven Floor (Residential) having Library admeasuring ……… sq. meters on the First Floor for the Kalyan Dombivli Municipal Corporation, Kalyan on the said Property in accordance with the recitals hereinabove, and have propounded to construct building being known as “H R HEIGHTS” on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. THE PROMOTERS THE ALLOTTEE/S - 10 - 2. The Allottee/s has/have prior to the execution of this agreement satisfied himself/herself/themselves with the title of the said property including the Agreements and other documents referred to hereinabove and the Allottee/s hereby agree/s & confirm/s that he/ she / they shall not be entitled to further investigate the title of the Promoters' right of development of the said property and no requisition or objection shall be raised by the Allottee on any matter relating thereto or howsoever in connection therewith. 3. While sanctioning the said plans, concerned local authority has laid down certain terms, conditions stipulations and restrictions which are to be observed and performed by the Promoters while developing the said property and the said buildings and upon due observance and performance of which only the completion and Occupation Certificates in respect of the said buildings shall be granted by the concerned local authority. 4, 1.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment No. .............. of the type .............. of carpet area admeasuring .................... sq. metres on ............ floor in the building __________/wing (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ................./- including Rs. .................../- 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 Second 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). THE PROMOTERS THE ALLOTTEE/S - 11 - (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos ____ situated at __________ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/- (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium being constructed in the layout for the consideration of Rs. ____________/-. 1(b) The total aggregate consideration amount for the apartment including garages/covered parking spaces is thus Rs.______/- 1(c) 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 THE PROMOTERS THE ALLOTTEE/S - 12 - 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 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(d) 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]. 1(e) 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 / THE PROMOTERS THE ALLOTTEE/S - 13 - 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(f) 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(g) 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 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 1(a) of this Agreement. 1(h) 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 THE PROMOTERS THE ALLOTTEE/S - 14 - object/demand/direct the Promoter to adjust his payments in any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) 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. 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 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 .................. 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 THE PROMOTERS THE ALLOTTEE/S - 15 - 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. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] 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. (Explanation: Rate of interest payable by promoter to Allottees or by Allottees to the Promoters shall be State Bank of India highest Marginal Cost of Lending Rate plus 2 percent. In case State Bank of India highest Marginal Cost of Lending Rate is not in use, it would be replaced by such benchmark lending rates which SBI may fix from time to time for lending to general public.) 4.2 Without prejudice to the right of promoter to charge interest in terms of sub 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 THE PROMOTERS THE ALLOTTEE/S - 16 - 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. 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 'E', annexed hereto. 6. The Promoter shall give possession of the Apartment to the Allottee on or before................. day of ..............20___. 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 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 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 ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. THE PROMOTERS THE ALLOTTEE/S - 17 - (iii) Flood, drought, fire, cyclone, earthquakes or any other calamity caused by nature affecting the regular development of the real estate project. If, however, the completion of the project is delayed due to the Force Majeure conditions then the Allottee/s agrees that the Promoters shall be entitled to the extension of the time for delivery of the Possession of the said Flats, provided that such force majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee/s agrees and confirms that, in the event it becomes impossible for the Promoters to implement the project due to force majeure conditions, then this allotment shall stand terminated and the Promoters shall refund to the Allottee/s the entire amount received by the Promoters from the Allotment within 90 days from that date. After any refund of the money paid by the Allottee/s, Allottee/s agreed that he/she shall not have any rights, claims etc., against the Promoters and that the Promoters 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 [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. THE PROMOTERS THE ALLOTTEE/S - 18 - 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 8.1, 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 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 8.1 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. Provided that after receiving of the Flats from the Promoters, any damage due to wear and tear of whatsoever nature caused thereto, the Promoters shall not be responsible for the cost of re-instating and repairing such damages caused by the Allottees and the Allottees alone shall be liable to rectify and re-instate the same at his own costs. Provided further however, that the Allottees shall not carry out any alterations of the whatsoever nature in the said Flats 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 fitting, therein, in particular it is hereby agreed that the Allottee shall not THE PROMOTERS THE ALLOTTEE/S - 19 - make any alteration in any of the fittings, pipes, water supply connections or any creation or alterations in the bathroom, toilet and kitchen which may result in seepage of the water. If any such works are carried out without the written consent of the Promoters the defect liability automatically shall become void. 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/godown for carrying on any industry or business. 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, 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 organisation 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. THE PROMOTERS THE ALLOTTEE/S - 20 - 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 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 provisional monthly contribution of Rs. ......... per month towards the outgoings, to the Promoter. 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. THE PROMOTERS THE ALLOTTEE/S - 21 - 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts :- (i) Rs.______/- for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs.______/- for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs.______/- for proportionate share of taxes and other charges / levies in respect of the Society or Limited Company/Federation/ Apex body (iv) Rs.______/- for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs______/- For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs______/- for deposits of electrical receiving and Sub Station provided in Layout. 11. The Allottee shall pay to the Promoter a sum of Rs. ______/- for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and 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 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 THE PROMOTERS THE ALLOTTEE/S - 22 - 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; a s 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; THE PROMOTERS THE ALLOTTEE/S - 23 - 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 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 [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; 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 area soft he Structure to the Association of the Allottees; 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. a.1) The Promoters intend to and are developing the said property and the Promoters are entitled to construct buildings on the said property being building as per the plans sanctioned in respect of the said property. The Said Building shall henceforth be collectively referred to as `the said building”. Moreover, as per provisions of the D. C. THE PROMOTERS THE ALLOTTEE/S - 24 - Regulations, the Promoters intend to acquire either additional TDR in the form of FSI &/or additional FSI by paying premium to the Corporation/Competent Authority and consume and utilize the same on the said building. b) The Promoters shall be at liberty and be entitled to amend the lay-out plan of the said property as may be required by the Promoters at their sole discretion. c) The Floor Space Index, by whatever name or form is increased (a) in respect of the said Property and/or additional construction (i.e. more than what is envisaged at present) is possible on the said Property or (b) either on account of Transfer of Development Rights &/or additional FSI by paying premium to the Corporation/Competent Authority (or in any other similar manner) available for being utilized or otherwise and/or if the Sanctioning Authorities permit the construction of additional floors, then in such event, the Promoters shall be entitled to construct such additional floors as per the revised building/s plans. In such case the Promoter shall obtain written consent from the Allottes before commencement of additional construction. The Allottee expressly consents to the same as long as the total area of the said Flat is not reduced and the structure of the building is not changed. d) The Promoters are having a scheme of Construction to be implemented on the said property. The commencement of construction, completion/possession etc. of the building to be constructed on the said property will be spread over more than Five years. The Allottee declares and confirms that he is aware that the ground area below the building and the FSI utilized in the building in which the said Flat is located and the ground area is not in proportion to each other and the Allottee shall not be allowed to claim any further or other right to the area other than the said Flat. The Promoters have reserved unto themselves right to consume total FSI available and also further FSI if any that may be granted or THE PROMOTERS THE ALLOTTEE/S - 25 - available by reason of any increase in FSI and/or any change in the DCR from time to time till the conveyance is executed in favour of the all societies of the project. In such case the Promoter shall obtain written consent from the Allottes before commencement of additional construction. The Allottee expressly consents to the same as long as the total area of the said Flat is not reduced and the structure of the building is not changed. e) The Promoters proposes to utilize any additional FSI that may be available to them either by way of Transfer of Development Right (TDR) or increase in F.S.I. due to changes in Development Rules or under any Law by constructing additional premises on the ground floor or additional floors on the building/s constructed by them or by constructing one or more separate building/s on the said property. The Promoters proposes to use/consume the aforesaid additional F.S.I. till the registration of the Society or any form of organization and execution of Conveyance in its favour; f) The Promoters have the right to display advertisements hoardings and other neon sign and advertisement materials on or over the terrace, parapet wall of the building with the right to grant permission to any person / firm of that choice and the Allottees herein along with the other Allottee will not raise any objection for the same. g) The Promoters have clearly brought to the notice and knowledge of the Allottee and the Allottee is aware that the Promoters intend to complete the said buildings as per the sanctioned plans and permissions and the said property will be conveyed to such cooperative housing society/ Apex body as per the discretion of the Promoters and when the need arises and the above contents shall always form an integral part of further writings, deeds and documents including the final deed of conveyance and the same is clearly seen, verified and accepted by the Allottee herein and accordingly the Allottee has granted his/her express and irrevocable consent for the same and in terms of such contents the final Deed of Conveyance will THE PROMOTERS THE ALLOTTEE/S - 26 - be executed and registered. Aforesaid conditions are of the essence of the contract and only upon the Allottee agreeing to the said conditions, the Promoters have agreed to sell the said Flat to the Allottee. 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 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 THE PROMOTERS THE ALLOTTEE/S - 27 - contrary to the rules and regulations and bye-laws of the concerned local 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 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. THE PROMOTERS THE ALLOTTEE/S - 28 - 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 all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the 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. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoter and their surveyors THE PROMOTERS THE ALLOTTEE/S - 29 - and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 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. 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 THE PROMOTERS THE ALLOTTEE/S - 30 - same before the 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 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 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 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 THE PROMOTERS THE ALLOTTEE/S - 31 - 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 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, Kalyan. Hence this Agreement shall be deemed to have been executed at Dombivli, Tal-Kalyan, Dist-Thane . 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 THE PROMOTERS THE ALLOTTEE/S - 32 - 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: Name of Allottee : (Allottee’s Address) : Notified Email ID : ___________ M/s Promoter name : (Promoter 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 :- The charges towards stamp duty and Registration 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 Arbitration Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. THE PROMOTERS THE ALLOTTEE/S - 33 - 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 Kalyan courts will have the jurisdiction for this Agreement 32. This agreement shall always be subject to the provisions contained in Real Estate (Regulation and Development) Act, 2016, Rules and Regulations made there under. 33. It is agreed by the Allottee/s that all the abovesaid consideration shall be made in the following account of the Promoter only maintained with the bank. If the purchaser makes the payment in any other bank account then that amount shall not considered as being paid to the Promoter on any ground of whatsoever nature and promoter shall not be responsible for the same :- Name of the Bank : Address of the Bank : Account No. : IFSC Code : SCHEDULE OF THE PROPERTY “A” All those piece and parcel of land bearing Survey No., Hissa No. & City Survey No. details as follows: Village Survey /Hissa No. City Survey No. Area in sq. Meters Ayare 42 / 1 / 13 As per 7/12 extract 334.44 sq. Meters Ayare As per CTS No. 2320 5.00 sq. meters Ayare 2321 55.40 sq. meters Ayare 2327 105.30 sq. meters Ayare 2328 154.00 sq. meters Total 319.7 sq. Meters area admeasuring 334.44 sq. meters (as per 7/12 extract) and area admeasuring 319.7 sq. meters (as per Property Card City Survey), lying, being and situated at Village-Ayare, Tal-Kalyan, Dist- Thane and bounded as under :- On or towards East : Laxman Dham Building THE PROMOTERS THE ALLOTTEE/S - 34 - On or towards West : Amol Deep CHS Ltd., On or towards North : Sadguru Seva Sadan Building On or towards South : Raghvendra CHS Ltd. (hereinafter for the sake of brevity and convenience called and referred to as ‘THE SAID PLOT OF LAND’). SCHEDULE OF THE PROPERTY “B” All those piece and parcel of land bearing City Survey No.2326, area admeasuring 38.00 sq. meters , lying, being and situated at Village-Ayare, Tal-Kalyan, Dist-Thane, within the limits of Kalyan Dombivli Municipal Corporation and within the jurisdiction of Sub-Registration Kalyan, Dist-Thane & bounded as under :- On or towards East : Laxman Dham Building On or towards West : Amol Deep CHS Ltd., On or towards North : Sadguru Seva Sadan Building On or towards South : Road (hereinafter for the sake of brevity and convenience called and referred to as ‘THE SAID PLOT OF LAND’). THE SECOND SCHEDULE OF THE PROPERTY (APARTMENT / FLAT ALLOTED TO THE ALLOTEE) All that premises of Self-contained Apartment / Flat No. ………. of carpet area admeasuring area ……. sq. meters (carpet) + ……. sq. meters (carpet) Balcony., on ……. Floor, in the Building to be known as “H R HEIGHTS”, as shown on the floor plan thereof hereto annexed. FOURTH SCHEDULE ABOVE REFERRED TO Stilt parking, Lobby, Passage, Open Space, Staircase, Lift lobbies, Terraces, Duct Area, Refugee Area, Common entrance and exit of buildings, Play areas, Open parking areas, Common terrace spaces, installation of central services i.e. electricity, water, sanitation, underground water tank, overhead water tank, etc. THE PROMOTERS THE ALLOTTEE/S - 35 - 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 & DELIVERED BY THE WITHINNAMED THE PROMOTERS PHOTO LHTI SIGNATURE M/s. JAY ASHAPURA DEVELOPERS through its Partner ……………………………………………………… SIGNED & DELIVERED BY THE WITHINNAMED THE ALLOTTEE/S PHOTO LHTI SIGNATURE MR./MRS. ………………………………………………………………… MR./MRS. ………………………………………………………………… WITNESSES : 1. THE PROMOTERS THE ALLOTTEE/S - 36 - 2. RECEIPT Received of and from the Allottee/s above named the sum of Rs…………./- (Rupees ………………………….. only) on execution of this agreement towards Earnest Money deposit or application fee. I say received Promoters Signature ANNEXURE A (Title Certificate) ANNEXURE B (Authenticated copy of the Property card or 7/12 extracts) ANNEXURE C-1 (Authenticated copy of the plans of the layout as approved by concerned local authority) ANNEXURE C-2 (Authenticated copy 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 Apartment agreed to be purchased by the Allottee/s, as sanctioned and approved by the local authority) ANNEXURE E (Specifications and amenities for the apartment) ANNEXURE F (Authenticated copy of Registration certificate of the Project granted by Real Estate Regulatory Authority) THE PROMOTERS THE ALLOTTEE/S