1 AGREEMENT FOR SALE (Under Re-Development of the property to the Old existing member of the society) THIS ARTICLE OF AGREEMENT MADE AT DOMBIVLI ON THIS __________ DAY OF February, 2024. BETWEEN M/S. ASHOKAS EMPIRE, PAN NO. ABZFA0224A, a partnership firm represented through its Partner 1) Mr. ADARSH ASHOK SINGH age – 26, years, and 2) Mrs. SHEELA ASHOK SINGH, age – 53 years, and having their office address at Flat No. B/1, Om Trimurti CHS Ltd. M. Gandhi Road, Vishnungar, Dombivli (West), Dist. Thane 421 202, hereinafter referred to as the “PROMOTER” (which expression shall unless it be repugnant to the context or meaning thereof deemed to include the Executors / Administrators and Assigns the last surviving) of THE FIRST PART. AND (1) _____________________________ Age: ____, Occupation: ______, (2) ______________________________ Age: _______, Occupation: ______, Address: ________________________________________________________________, Hereinafter called and referred to as the PURCHASER / ALLOTTEE (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) the PART OF THE SECOND PART. WHEREAS the property being City Survey No.10029, admeasuring area 660 Sq. Mtrs. Survey No. 43, Hissa No. 4/A (Old 4 P), admeasuring area 656 Sq. Mtrs. lying and situate at Village – G. B. Patharli, Taluka – Kalyan, District - Thane, within the limits of Kalyan Dombivli Municipal Corporation and within jurisdiction of Sub – Registration District – Kalyan and Registration District -Thane, are owned by NAV ROHINI Co - operative Housing Society Ltd. (The above property is hereinafter referred to as ‘said Property’). 2 AND WHEREAS the building standing on the said property of the society was in dilapidated condition and, therefore, the said society passed resolution on _________in their General Body Meeting and decided to assign the said property for re – development by demolishing old buildings and constructing new building and the society followed and complied all the formalities and requirements of the re-development of the property and accepted the offer of the said promoters and agreed to assign development rights of the said property to the said promoters for re - development of the said property on the terms and conditions agreed between them. AND WHEREAS under the Registered Development Agreement dated 05/04/2023 & Power of Attorney dated 05/04/2023 executed by the said society and the said Promoters and the said society assigned development rights of the said property to the promoters and the promoters have acquired development rights in respect of the said property from its owners i.e. the society upon the terms and conditions more particularly set out there under and both the documents which have been duly registered with the office of Sub – Registrar, Kalyan – 3 under serial nos. KLN -3/4946/ 2023 and KLN -3/4947/2023 respectively both dated 05/04/2023. AND WHEREAS on the basis of the above mentioned deeds and documents, the Promoters have acquired right to re - develop the said property by constructing multistoried building thereon as per their choice and desire and as per the sanction plan and permission of Kalyan Dombivli Municipal Corporation. AND WHEREAS the Purchaser agree to revise the rates of flats mentioned in the development agreement with mutual understanding with the developers and as per the terms and conditions agreed by and between the parties herein, the developers agreed to allot and sell flats in the said building to the Purchaser and member of the said society on ownership basis at free of cost for presently existing carpet area of the old room and that as per the rate fixed by and between the parties for the excess area. AND WHEREAS after the allotment of flats to the existing members the promoters have acquired rights to sell balance / remaining flats in the building to be constructed on the said property to the prospective purchaser/allottee in addition to the old flats which the old members have surrendered to the promoters against consideration. 3 AND WHEREAS the said Promoters herein have appointed Architect to get the construction permission and plans approved from Kalyan - Dombivli Municipal Corporation and the Promoters have entered into a standard agreement with an Architect registered with Council of Architects and the said agreement is as per the agreement prescribed by Council of Architects. AND WHEREAS by virtue of the said Development Agreement and Power of Attorney, the flats are agreed to be allotted to the members of the said society and the remaining flats agreed to be retained by the Promoters and they have the sole and exclusive right to sell the said remaining flats and to enter into an agreement with the Allottee of the said flats and to receive the sale price in respect thereof. AND WHEREAS the Allottee demanded from the Promoters and they have given to the Allottee inspection of all the documents of title relating to the said land, the said agreement, plans, designs and specifications prepared by Promoter's Architect and such other documents as specified under the Ownership Flats Act. AND WHEREAS while sanctioning the said plans, Kalyan - Dombivli Municipal Corporation has laid down certain terms and conditions which are to be observed and performed by the Promoters while developing the said land and constructing the said building and upon due observance and performance of which only the completion and occupation certificate in respect of the said buildings shall be granted by concerned local authority. AND WHEREAS the said property is not coming under the provisions of Urban Land Ceiling Act as it is excluded from the said Act as the said Act has been repealed by the Central Government and the Urban Land (Ceiling & Regulation) Repeal Act, 1999 passed by the Parliament has been adopted by the Government of Maharashtra vide Gazette dated 6th December, 2007 / Agrahayan 15, 1929 and the said property is also within limits as prescribed under the said Act. AND WHEREAS the Promoters have accordingly commenced construction of the building/s in accordance with the said sanctioned plan and permission of Kalyan Dombivli Municipal Corporation. 4 AND WHEREAS the said Promoters herein after called “the said Property” more particularly describe in schedule have obtained necessary building permission for such said property from the Kalyan Dombivli Municipal Corporation Sanction Construction Permission No. KDMC / TPD / BP / DOM /2023-2024 /66 Dated 02/01/2024. For the said property to carry out the said construction in accordance with the above said permission. AND WHEREAS the Promoters have accordingly commenced construction of the building/s in accordance with the said sanctioned plan and permission of Kalyan Dombivli Municipal Corporation. AND WHEREAS the said PROMOTER has proposed to construct on the said property new multistoried buildings hereinafter referred to as the said buildings viz. as ASHOKAS EMPIRE. AND WHEREAS the flat purchaser demanded from the PROMOTER and the promoter have given the inspection of all the documents of the title relating to the said land, to the Allottee and the Plan, Design, Specifications, prepared by the PROMOTER Architecture, R.C.C. Consultant and such other documents as mentioned in rules of the MAHARASHTRA OWNERSHIP FLATS (Regulation of promotion of construction Sales Management & transfer) Act 1963. AND WHEREAS the flat purchaser/Allottee applied the PROMOTER for allotment of the Flat No. ______ in “_______” and declared that neither the said flat purchaser /Allottee nor family own a tenement or in said building or within the limits of KALYAN DOMBIVLI MUNICIPAL CORPORATION. AND WHEREAS relying upon the said application, declaration and agreement, the PROMOTER agreed to sell the purchaser flat at the price and on the terms and conditions hereinafter appearing. AND WHEREAS under section 4 of the said Ownership Flat Act the Developer as required to execute written Agreement for sale of the said flat to the purchaser being require in the fact these presents and also to register the agreement under Indian Registration Act 1908. 5 AND WHEREAS the Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the Promoter has registered the Project under the Provisions of the Act with the Real Estate Regulatory Authority at Mumbai no.___________________ authenticated copy is attached as Annexure ‘E’. 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 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 S.B. Associates and Mr. Pramod Shinde 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 i.e. Flat 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. 6 AND WHEREAS the authenticated copies of the plans and specifications of the Apartment i.e. flat 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 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. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee herein is the existing member of the society in respect of his Old Flat No. ______ having existing Carpet area of the said Old Flat is admeasuring _________ Carpet area and The Allottee agreed to Purchase the New Flat No._______ is admeasuring ________ Carpet area (including existing Carpet area) with attach balconies admeasuring ________sq.mtr. (proposed to be enclosed). AND WHEREAS the Allottee has applied to the Promoter for Allotment of an Apartment i.e. Flat No. ____ on _____ Floor situated in “ASHOKAS EMPIRE”. AND WHEREAS the carpet area of the said Apartment i.e. Flat is ________ 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 i.e. Flat for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment i.e. Flat for exclusive use of the Allottee, but included the area covered by the internal partition walls of the apartment i.e. Flat. 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 7 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 i.e. Flat agreed to be sold by the Promoter to the Allottee as advance payment or Application fee (the payment and 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 Redevelopment) Act 2016 with the Real Estate Regulatory Authority at Mumbai No. __________________ marked as Annexure F; AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment i.e. Flat with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment/Plot) and the garage/covered parking (if applicable). NOW THEREFORE, THIS AGREEMENT 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 part stilt (Parking) + Ground + 1st to 5th upper floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. If 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. 8 1(a)(i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment i.e. Flat No. _____ of the Carpet area admeasuring _____ Sq. mtr. with attatch balcony admeasuring ______ (enclosed) on ________ floor in the building ASHOKAS EMPIRE as shown in the floor plan thereof hereto annexed and marked Annexure D (Hereinafter referred to as “The Flat”) Free of cost is mentioned above. That as per the rate fixed by and between the parties as mentioned for the total consideration of the said flat is calculated at Rs.__________/- (Including ___________) which is agreed to be paid by the Purchaser/Allottee to the Promoters 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 i.e. Flat including garages/covered parking space is 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). PAYMENT SCHEDULE PAYMENT SCHEDULE 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. 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, 9 internal plaster, floorings doors and windows of the said Apartment is located. 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, lobbes 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 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, GST, 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/Flat]. 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. 10 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments @ ________% per annum for the period by which the respective installment has been proponed. 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 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 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 i.e. Flat to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment i.e. Flat. 11 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 [Apartment/Flat] 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”) 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 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 i.e. Flat based on the proposed construction and sale of Apartments i.e. Flat 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. 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 12 under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement; Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, 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 notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment i.e. Flat 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 i.e. Flat as are set out in annexure ‘E’ annexed hereto. 6) The Promoter shall give possession of the Apartment i.e. Flat to the Allottee on or before ___________. If the Promoter fails or neglects to give possession of the Apartment i.e. Flat 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 i.e. Flat 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 i.e. Flat is to be situated is delayed on account of- 13 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. 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 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. 7.2) The Allottee shall take possession of the Apartment i.e. Flat within 15 days of the written notice from the promoter to the Allottee intimating that the said Apartment 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 year from the date of handing over the Apartment i.e Flat to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment i.e. Flat or the building in which the Apartment i.e. Flat 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. 14 8) The Allottee shall use the Apartment i.e. Flat or any part thereof of permit the same to be used only for purpose of residence / office / show- room/shop/godown for carrying on any industry of business (strike of which is not applicable) He shall use the garage or parking space only for purpose or parking vehicle. 9) The Allottee along with other Allottee/s of Apartment i.e. Flat 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. 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/Lesser/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment i.e. Flat is situated. 9.2) The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lesser/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 i.e. Flat 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 i.e. Flat) of outgoings in respect of the project land and Building/s namely local taxes, betterment 15 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 outgoing as may be determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ____________ per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a Conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposit (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10) The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amount:- 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 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 16 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 Allottees share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13) REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: i) The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain 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 process of law and the Promoter has been and shall, at times, remain to be in compliance with 17 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 ;- i) To maintain the Apartment i.e. Flat at the Allottee’s own cost in good and tenantable repair and condition from the date that of possession of the Apartment i.e. Flat is taken and shall not do or suffer to be done 18 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 i.e. Flat is situated and the Apartment i.e. Flat itself or any part thereof without the consent of the local authorities, if required. ii) Not to store in the Apartment i.e. Flat 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 i.e. Flat 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 i.e. Flat is situated, including entrance of the building in which the Apartment i.e. Flat is situated or the Apartment i.e. Flat 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 i.e. Flat and maintain the Apartment i.e. Flat 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 i.e. Flat 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. iv) Not to demolish or cause to be demolished the Apartment i.e. Flat 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 i.e. Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment i.e. Flat is situated and shall keep the portion, sewers, drains and pipes in the Apartment i.e. Flat is situated and shall keep the portion, sewers, drains and pipes in the Apartment i.e. Flat 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 i.e. Flat is situated and shall not chisel or in any other manner cause damage to columns, beams, wall, slabs or RCC, pardis or other structural members 19 in the Apartment i.e. Flat 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 i.e. Flat 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, 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 i.e. Flat in the compound or any portion of the project land and the building in which the Apartment i.e. Flat 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 i.e. Flat is situated. viii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of changes of user of the Apartment i.e. flat 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 i.e. Flat 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 i.e. Flat 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 i.e. Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, 20 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 i.e. Flat 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 i.e. Flat 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 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 outgoings, legal charges and shall utilize the amounts only for the purposes for which they have 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 Apartment i.e. Flat 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. 17) 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 21 shall not affect the right and interest of the Allottee who has taken or agreed to take such [Apartment/Plot] 18) BINDING EFFECT: Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the 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 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. 20) RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties. 21) 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 22 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 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. 23) 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. 24) 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. 25) PLACE OF EXECUTION: 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. 23 26) The allottee and /or Promoter shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 27) That all notices to be served on the Allottee and 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 below : Name of allottee:- Mr. ____________________________ Address of allottee: ___________________________________. Email ID: _______________________ Promoter name : M/S. ASHOKAS EMPIRE Address of Promoter: ________________________________ 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 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 Allotttee. 29) STAMP DUTY AND REGISTRATION: The charges towards stamp duty and registration of this Agreement /documents shall be borne by the Allottee. 30) 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 24 Estate (Regulation and Development) Act 2016, Rule and Regulations There under. 31) 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. THE SCHEDULE ABOVE REFERRED TO ALL THAT piece and Parcel of land or ground City Survey No.10029, admeasuring area 660 Sq.Mtrs. Survey No. 43, Hissa No. 4/A (Old 4 P), admeasuring area 656 Sq.Mtrs. lying and situate at Village –G.B. Patharli, within the limits of Kalyan - Dombivli Municipal Corporation, Tal – Kalyan, Dist. Thane and within the Registration District Thane and Sub-Registration District Kalyan. SECOND SCHEDULE ABOVE REFERRED TO (Said Premises) All the premises being a residential Flat admeasuring existing Carpet Area _______ sq.mtrs and the New Carpet area admeasuring _____________ sq.mtr. (including existing carpet area) with attach balconies admeasuring _________ sq.mtr. (proposed to be enclosed) bearing Flat No. __________on _____________ floor of the building known as “ASHOKAS EMPIRE” under construction on the said property more particularly described in the schedule written here in above. 25 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. ASHOKAS EMPIRE ) Through its Partner ) 1) Mr. ADARSH ASHOK SINGH 2) Mrs. SHEELA ASHOK SINGH ) SIGNED, SEALED & DELIVERED ) BY THE WITHIN NAMED ) THE “PURCHASER’S/ALLOTTEE’S” ) (1) ________________________________ ) (2) ______________________________________ ) IN THE PRESENCE OF WITNESS ) 1) ____________________________________ ) 2) ____________________________________ ) 26 RECEIPT RECEIVED with thanks from the Allottee/s the sum of Rs. _________/- (Rupees ___________________ Only) being the part consideration to be paid by them to us as per these present by Cheque in the following manner: Sr. Cheque No. Date Bank Name & Branch Amount No. 1. Total WE SAY RECEIVED ________________/- For M/S. ASHOKAS EMPIRE (PROMOTER) 27 List of Annexures Annexure A – Copy of Search & Title Report Annexture B- Copy of Property Card or extract Forms VI or VII and XII Annexture C- 1 - Copies of Plans & Layout as approved by Concerned Local Authorty Annexture C-2 - Copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project Annexture D - Floor Plan Annexure E - Authenticate copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority.