AGREEMENT FOR SALE THIS AGREEMENT FOR SALE is made and entered into at BADLAPUR Dist Thane on this _______day of ___________ 2024 B E T W E E N M/S. SHREE BALAJI INFRA, a Partnership firm, having Office at , Shop No. 2, H.No. 149/3, Shree Malang Road, Near Ganpati Mandir, Kalyan (East) 421306, Tal. Ambernath, Dist. Thane, PAN NO. AFBFS5986D, represented by and through its Partner 1) MR. TUSHAR BABAN PATIL, age – 35 Years, Occupation : Business, hereinafter referred to as “THE PROMOTER” (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include he legal heirs, executors, administrators and assignees) of the FIRST PART. AND 1) ___________________________, aged ___ years, PAN No. ___________ 2) ___________________________, aged ___ years, PAN No. ____________ Residing at: _________________________________________________ hereinafter referred to as “THE ALLOTTEE” (which expression shall unless it be repugnant to the context or meaning thereof shall mean and include he legal heirs, executors, administrators and assignees) of the SECOND PART. WHEREAS The Developers are seized, occupied and possessed of property as Survey No. 1, Hissa No.1/4/2, Admeasuring 500 sq.mt, lying and situate at Village – DWARLI, Tal. Ambernath, Dist. Thane and within the Municipal Limits of Kalyan Dombivli Municipal Corporation and Sub Registration Dist. Ambernath /Ulhasnagar and Registration Dist. Thane more particularly mentioned and described in the SCHEDULE (hereinafter referred to as “THE PROJECT LAND) 1 AND WHEREAS the Promoter of the project land MR. Tushar Baban Patil and others have formed their partnership firm for the purpose of development of project land under the name and style M/S. SHREE BALAJI INFRA and have decided to develop the said project land under the said partnership firm and all the partners of the partnership firm are the promoter of the project land and the said partnership firm M/S. SHREE BALAJI INFRA have been duly registered with the registrar of firms, Mumbai. AND WHEREAS under the Development Agreement Reg No. ULH -2- 11609/2023 dated 23.08.2023 & Power of Attorney Reg No. ULH -2- 11610/2023 dated 23.08.2023 executed of land Survey No. 1, Hissa No.1/4/2, Admeasuring 500 sq.mt, with one of the land owners Shri. Rajesh Chandrayya Kasarapu & Others the said Developers have acquired development rights in respect of the said property from its original owner upon the terms and conditions more particularly set out there under. AND WHEREAS on the basis of the above mentioned deed and document the Developers have acquired right to develop the said property by constructing multi storied buildings thereon as per their choice and desire and as per the construction permission and the building plan to be sanctioned by Kalyan Dombivli Municipal Corporation. 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 Promoters are in possession of the project land. AND WHEREAS the Promoters has submitted proposal to Kalyan Dombivli Municipal Corporation for sanction of building plan and construction permission on the said project land & thereafter the Kalyan Dombivli Municipal Corporation has issued construction commencement permission vide number KDMC/TPD/BP/27 VILLAGE/2023-24/30, DATED 05ST February 2024. 2 AND WHEREAS the said property /project land has been declared as Bhogawatadarvarga -1 by the Tahsildar, Ambernath and have informed the same to the Town Planner, KDMC Kalyan vide their letter No. Revenue/ K-1/T- 3/Jaminbab-2 /Conversion Tax/Kavi -________ dated _________ on the terms and conditions mentioned therein in the order. AND WHEREAS the Kalyan Dombivli Municipal Corporation sanctioning building plan for the project land have sanctioned one buildings. AND WHEREAS the Promoters have proposed to construct on the project land building Stilt, (Part) + Ground Floor to 4 Floor (Residential +Non Residential ) AND WHEREAS the Allottee is offered and Apartment bearing number ___ on the ___ Floor, (herein after referred to as the said “Apartment”) in the building called “BALAJI HEIGHTS” (herein after referred to as the said building) being constrcted on the said project by the Promoter. AND WHEREAS the Promoters have entered into a standard agreement with an Architect registered with the Council of Architects and such agreement is as per the agreement prescribed by the council of Architects. AND WHEREAS the Promoter has registered the Project under the Provisions of the Act with the Real Estate Regulatory Authority at Mumbai no P______________ authenticated copy is attached in Annexure ‘F’. AND WHEREAS the Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the above mentioned Development deed of the project land , 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 3 enter into Agreement/s with the allottee/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 Architects M/S. LANDMARK GROUP 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 there under; 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 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 building and open spaces are proposed to be provided for on 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 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, to obtain Building Completion Certificate or Occupancy Certificate of the said Building. 4 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 observe 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 bearing number ___, on the ___ Floor, in the Building known as “BALAJI HEIGHTS” (herein after referred to as the said “Building”) being constructed in the said project, by the Promoters. AND WHEREAS the carpet area of the said Apartment is _______ Sq.Ft Carpet .i.e _______ sq.mtr. 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 included the area covered by the internal partition walls of the apartment. AND WHEREAS, the Parties relying on the confirmations, representations and assurance 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 5 receipt whereof 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 Re development) Act 2016 with the Real Estate Regulatory Authority at Mumbai No. P_________. 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) NOW THEREFOR, THIS AGREEMENT WITHNEESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1) The Promoter shall construct the said building/s consisting of Stilt, (Part) + Ground Floor to 4 Floor (Residential +Non Residential ) on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. 2) 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 paymanet or application fee and hereby agrees to pay to that Promoter the balance amount of Rs…………………….. (Rupees…………………………………..) in the following manner:- i) Amount of Rs. ………/- (………….) ( not exceeding 30 % of the total consideration ) to be paid to the Promoter after the execution of Agreement. ii) Amount of Rs. ………/- (………….) ( 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. 6 iii) Amount of Rs. ………/- (………….) ( 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. ………/- (………….) ( 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. ………/- (………….) ( not exceeding 80 % of the total consideration ) to be paid to the Promoter on completion of Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi) Amount of Rs. ………/- (………….) ( 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. ………/- (………….) ( 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. ……../-(………..) against and at the time of handling over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 3) Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variation or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authority or due to change in law. 3(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 carpet area admeasuring ______ Sq.Ft Carpet .i.e _____ Sq. mtr. on ___ floor in the building known as “BALAJI HEIGHTS” (hereinafter referred to as “The Apartment”) as shown in the floor plan thereof hereto annexed and marked 7 Annexure C-1 and C-2 for the consideration of Rs. ______/- (Rupees ____________ Only) (Including ) being the Proportionate price of the common area and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. 1(b) The total aggregate consideration amount for the Apartment is of Rs. _________/- (Rupees ________________________ Only) 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. ________/- (Rupees ______________ Only) as a advance payment and hereby agrees to pay to that Promoter the balance amount of Rs. ___________/- (Rupees __________________________ Only) 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way G.S.T or any other similar taxes 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/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 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 8 total price payable for the carpet area shall be recalculated upon confirmation by the promoter. If there is any reduction in the carept area withing the defined limit then promoter shall refund the excess money paid by allottee within forty five day 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(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. a. 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. b. 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 area to the association of the allottee after receiving the occupancy certificate or the completion Certificate or both, as the case may be. Similarly, the Allottee shall make timely payment of the installments 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 a provided in clause 1 (c) herein above. (“Payment Plan”) 1) The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 1820 square meters only and Promoter has planned to 9 utilize Floor Space Index of…… by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based 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. 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. 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 installments, the Promoter shall at his own option, may terminate this Agreement; 3. Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at 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 10 notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. 4. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. If allottee cancel the flat after registration 10% amount will be deducted from the agreement value. 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 As Per Rera 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- 1) War, civil commotion or act of God . 2) Any notice, order, rule, notification of the Government and/or other public or competent authority/court. 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 11 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 fulfillment 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. 6. The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter to the Allottee intimating that the said Apartment are ready for use and occupancy :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. If within a period of five year 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 accounts 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. 7. The Allottee shall use the said Apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 12 8. The Allottee along with other allottee/s of Apartment 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 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. The Promoters shall, within three months of registration of the Society or Association or Limited Company or after sale of all the apartments in the building , as aforesaid, cause to be transferred to the society or 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. The Promoters shall, within three months of registration of the Society, as aforesaid, cause to be transferred all the right, title and the interest of the said First Owner and/or the Promoters in the said property on which the building are constructed. Within 15 days after notice in writing is given by the Promoters 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 said property 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 said property and building/s. Until the Society is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoters such proportionate share of outgoings as may be determined. 13 The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoters provisional monthly contribution of Rs. Per month towards the outgoings. The amounts so paid by the Allottee to the Promoters shall not carry any interest and remain with the Promoters 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 the building or wing is executed in favour of the society as aforesaid. On such conveyance 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 Promoters to the Society, 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 amount:- 1.Rs.500/- for share money, application entrance fee of the Society or Limited Company/Federation/Apex body. 2.Rs.2500/- For formation and registration of the Society or Limited Company/Federation/Apex body. 3.Rs.________/- for proportionate share of taxes and other charges/leviesin respect of the society or limited company/ federation/apex body. 4.Rs.________/- for deposit towards provisional monthly contribution towards outgoings of society or limited company/ federation/ apex body. 5.Rs_________/- For Deposit towards Water, Electric, and other utility and services connection charges 6.Rs._________ /- For deposits of electrical receiving and sub station provided in layout. 7. Preferential Location Charges Rs. __________ 11.The Allottee shall pay to the Promoter Rs. 15000/- for meting all legal cost, 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. 14 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 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: i) The Promoter hereby represents and warrants to the Allottee as follows: 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) Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requite 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 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 15 process of law and the Promoter has been and shall, at times, remain to be in compliance with all applicable laws in relation to the Project, Project land, Building/wing and common area; 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 areas of 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/or the Project except 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 ;- 16 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 changes/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 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 staircase, common passages or any other structure of the building in which the Apartment is situated, including entrance of 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. 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 which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee 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. iii) 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 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 17 damage to columns, beams, wall, 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. iv) 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. v) Not to throw dirt, rubbish, rages, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound 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. vi) 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. 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 changes of user of the Apartment by the ALLETE 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 18 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 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. xiii) The state and condition thereof. 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 outgoings, legal charges and shall utilize the amounts only for the purposes for which they have received. xiv) Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartment or of the said Plot and building or any part thereof. The Allottee shall have no claim save and except in respect of the agreement hereby agreed to be sold to him and 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 Society/Limited Company or other body and until the project land is transferred to the Apex Body/Federation as hereinbefore mentioned. 19 15. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGES: After the Promoter executes this Agreement he shall not mortgage or create a charge on the said [Apartment/Plot] and if any such mortgage or charges 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] 16.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 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. 17.ENTIRE AGREEMENT: This Agreement, along with its schedules and annexure, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be. 18.RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties. 20 19.PROVISION OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / UBSEQUENT 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 an 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. 20.SEVERABILITY: If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made there under 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 there under 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. 21.METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVE REFFER 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 [Apartment/Plot] in the Project. 22.FUTHER ASSURANCE: Both the parties agree that they shall execute, acknowledge and deliver to the others such instruments and take such other action, in additions to the instruments and Actions specifically provided for herein, as may be reasonably require 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 transfer hereunder or pursuant to any such transaction. 23.PLACE OF EXECUTION: 21 The execution of this agreement shall be complete only upon it’s execution by the promoter through its authorized signatory at the PROMOTER 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 registrar at the office of the Sub-Registrar. Hence, this Agreement shall be deemed to have been executed at Dombivli. 24. (a) It is noticed that promoters are attempting to expand the definition of force majeure to include items beyond the law. Force majeure clause not being in accordance with the explanation given under section 6 of Act and Rule 6 (a) of the regulation which provisions are reproduced herein below for ready reference. Section 6 “ Explanation , - For the purpose of the section , the expression “ force majeure” shall mean a case of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project.” Rule 6 (a) “ Upon the Registration _ number in Form “C” .The period for which registration shall be valid shall exclude such period where actual work could not be carried by the promoter as per the sanctioned plan due to specific stay or injunction orders relating to the real estate project from any court of law, or tribunal, competent authority, statutory authority, high power committee, etc,” (b) Time Period for the information of association of allottees by whatever name called, not being in compliance with the provision of section 11(4) (e) of the Act read with Rule 9 (1) of the Rules 9(1) of the Rules which provison and rule are as follows: Section 11 (4) (e) “ Provided that in the absence of the local laws, the association of allottees by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building as the case may be, in the project;” Rule 9(1)(i) “Where a Co-operative Housing Society _the promoter shall submit the application in that behalf to the register for registration of a Co- operative Housing Society under the Maharashtra Co- operative Societies Act,1960 or a company or any other legal entity, within three months from the date or which 22 fifty-one per cent of the total number of allottees in such a building or a wing have booked their apartment. Rule 9(1) (ii) “where a promoter _ , then promoter shall submit an applicaton to the register for registration of the Co- Operative Society or the company application to the registrar for registration of the co- operative society or the company form and register an Apex Body in Form of Federation or Holding entity consisting of all such entities in the layout formed as per clause(i) of sub – rule (1) of rule 9(1)(i) herein above. Such application shall be made within a period of three months from the date of the receipt of Occupation Certificate of the last of the building which was to be constructed in the layout. (c) Time period for execution of registered conveyance deed with the association of allotees by the whatever name called, not being as per the mandate of secton 17 of the Act read with the rule 9 (2) of the Rules, the said mandate reads as follows: Section 17 “ Provided that in the absence of any local law conveyance deed in favour of the allottees or the association of the allotees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate.” Rule 9(2) (ii) “ Period for conveyance of title, by promoter, to the legal entity of allottees in case of single building project. The Promoter shall (subject to his right to dispose of the remaining apartments, if any) execute the conveyance of title within three months from the date of issue of occupancy certificate.” Rule 9(2)(iii) “Period for conveyance of title, by promoter , to organization of allottees in case of layout. (a) In the case of a building or a wing of a building in a layout, the promoter shall(subject to his right dispose of the remaining apartments, if any) execute the conveyance of the structure of that building or wing of that building (excluding basement and podiums) within one month from the date of issue of occupancy certificate. (b) In the case of a layout, the promoter shall execute the conveyance of the entire undivided or inseparable land underneath all buildings jointly or otherwise within three months from the date of issue of occupancy certificate to the last of the building or wing in the layout.” 23 (d)Not mentioning of the defect liability period or reducing the defect liability period. The relevant provision of the Act i.e. Section 14(3) reads as follows: Section 14(3) “In case any structural defect or any other defect in workmanship, quality or provisions of services or any other obligation of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within period of five years by the allottee from the date of handling over possession __under the Act.” Further 2 (two) clause in the model form of agreement at annexure ‘A’ of Rule 10(1) of the Rules are not permitted to be modified and are considered by the Authority as non-negotiable which are as follows: (i) “ The Promoter shall confirm the final carpet area that has been allotted to the Allotee 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 allotee within forty –five days with annual interests at the rate specified in the Rules, from the date when such an excess amount was paid by the Allotee. 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 the Agreement.” “Without prejudice to the right of promoter to the charge interest in terms of sub clause 4.1 above , on the Allotee committing default in payment on due date of any amount due and payable by the allotee to the promoter under this agreement ( including his/her proportionate share of taxes levied by concerned local authority and other outgoings ) and on the allotee committing three defaults of payments of instalments, the promoter shall be at his own option, may terminate this Agreement: Provider that, Promoter shall give notice of fifteen days in writing to the allotee, by Registered Post AD at the address provided by the allotee and mail at the e-mail address provided by allotee, of his intention to terminate this agreement and of the 24 specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allotee 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 the upon termination of this agreement as aforesaid, the promoter shall refund to the Allotee (Subject to the 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 allotee to the Promoter.” 25.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. 26.That all notices to be served on the Allottee and 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/Private Service at their respective addresses specified above.at their respective addresses specified below: NAME OF ALLOTTEE : 1) _________________________ 2) ___________________________ ADDREES : _____________________________________________ M/S. PROMOTER NAME : M/S. SHREE BALAJI INFRA (PROMOTER ADDRESS) : having office at : Near Bhal Gurukul School, Dwarli Malang Road, Kalyan (East) 421306, Tal. Ambernath, Dist. Thane. 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 25 the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 27.JOINT ALLOTTEES: That in case there are Joint Allottee 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 property served on all the Allotttees. 28. STAMP DUTY AND REGISTRATION: The charges towards stamp duty and registration of this Agreement /documents shall be borne by the Promoter. 29.DISPUTE RESOLUTION: Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, this shall be referred to the Maharashtra Real Estate Regulatory Authority as per the Provisions of the Real Estate (Regulation and Development) Act 2016, Rule and Regulations There under. 30.GOVEERNING 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 enforced and the courts will have the jurisdiction for this Agreement. 31. The Government has introduced GST tax on the said transaction. The allottee shall pay the said GST tax @ decided by the Government and applicable to the transaction. The allottee shall pay the said amount to the promoter and the promoter shall deposit the same to the concerned Government authority. If it is payable by the allottee directly, the same shall be paid by the allottee to the Government and the copy of the receipt of payment of the said amount shall be handed over to the promoter by the allottee. FIRST SCHEDULE ABOVE REFERRED TO 26 ALL THAT piece and Parcel of land or ground being Survey No. 1, Hissa No.1/4/2, Admeasuring 500 sq.mt, lying and situate at village – Dwarli, Tal. Ambernath, Dist. Thane within the limits of Kalyan - Dombivli Municipal Corporation, Taluka – Kalyan, Dist. Thane and within the Registration District Thane and Sub-Registration Ulhasnagar. SCHEDULE “A” BALAJI HEIGHTS, APARTMENT NO. ___, ADMEASURING _____ Sq.Ft Carpet .i.e _____ SQ.METERS) CARPET ON ____ FLOOR IN THE PROJECT BOUNDED AS UNDER : BOUNDARIES OF PROJECT LAND : ON OR TOWARDS THE EAST : BUILDING ON OR TOWARDS THE WEST : BUILDING ON OR TOWARDS THE NORTH : ROAD ON OR TOWARDS THE SOUTH : OPEN PLOT SECOND SCHEDULE ABOVE REFERRED TO COMMON AREAS AND FACILITIES : 1. SOCIETY OFFICE 2. GARDEN AREA 3. CCTV SURVEILLANCE 4. UNDERGROUND AND OVERHEAD WATERTANK. 5. SUBMERSIBLE WATER PUMPS. 6. FIRE FIGHTING SYSTEM 7. TWO NUMBER OF LIFTS 8. RAIN WATER HARVESTING 9. SOLAR POWER. 10. SECURITY CABIN 11. ENTRANCE LOBBY. 12. HIGH SPEED HYDRAULIC LIFTS WITH POWERBACKUP. 27 IN WITNESS WHEREOF PARTIES HEREINABOVE NAMED HAVE SET THEIR RESPECTIVE HANDS AND SIGNED THIS AGREEMENT FOR SALE AT ANY DOMBIVLI IN THE PRESENCE OF ATTESTING WITNESS SIGNING AS SUCH ON THE DAY FIRST ABOVE WRITTEN. SIGNED, SEALED & DELIVERED ) BY THE WITHIN NAMED ) THE “PROMOTER” ) M/S. SHREE BALAJI INFRA ) Through its Partner ) MR. TUSHAR BABAN PATIL ) SIGNED, SEALED & DELIVERED ) BY THE WITHIN NAMED ) THE “PURCHASER/ALLOTTEE” ) 1) _____________________________ ) 2) ___________________________ ) IN THE PRESENCE OF WITNESS 1) 2) 28 RECEIPT RECEIVED of and from the Allottee above named the sum of Rs.______/- (Rupees ________________ Only) on execution of this agreement towards earnest money. As Follow: Date Amount Cheque No Bank Name Rs. _______/- WE SAY RECIEVED Rs._______/- For M/S. SHREE BALAJI INFRA through its Partner 1) MR. TUSHAR BABAN PATIL (PROMOTER) 29