1 G-1070- RERA DRAFT – not final 19.07.2023 02.04.2024 13.04.2023- revised for RERA requisition Blue highlightes paragraphs as added/modified as per RERA requirement Deleted clauses are shown as deleted AGREEMENT FOR SALE THIS AGREEMENT MADE AT KALYAN ON THIS ___ DAY OF _________ 202___ BETWEEN M/s. Pearl Corporates, a partnership firm having its office at Swami Samarth Compound Near Reebok Showroom, Majiwade, Thane (W) through its partner ____________________________ hereinafter called and referred to as the Promoter (which expression shall unless it be repugnant to the context or meaning thereof mean and include the partners constituting the said firm for the time being, their respective heirs, executors, administrators and assigns) being the Party of the First Part. A N D ___________________________________________________________________ ________________________________________________________________________________ ______________________________________________________ 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/her/their heirs, executors, administrators and assigns) being the Party of the Second Part; WHEREAS Shri Abdul Majid Khan is the owner of and well and sufficiently entitled to all that piece and parcel of land lying, being and situate at village Balyani, Taluka Kalyan, District Thane bearing Survey No. 73 Hissa No. 37K, New Survey No. 73 Hissa No. 37/1 admeasuring 2100 sq. meters within the limits of Kalyan Dombivali Municipal Corporation hereinafter called and referred to as the “entire property” and more particulalry described in the schedule hereunder written; AND WHEREAS the said Shri Abdul Majid Khan has purchased the said entire property under the Deed of Conveyance dated 08.10.2010 registered at the office of Sub Registrar of Assurances at Kalyan under serial No. 8308/2010 on 11.10.2010 from Smt.Kanchan Hansaraj Pir and Shri Bhavesh Hansaraj Pir and the name of said Abdul Majid Khan is mutated in the revenue records as evidenced by mutation entry No. 1331. AND WHEREAS further under the Development Agreement dated 29.06.2011 registered at the office of Sub Registrar of Assurances at Kalyan under serial No. 6938/2011 on 29.06.2011, the said Shri Abdul Majid Khan has granted the development rights of the said entire property in favour of Shri Omprakash Ashokkumar Tiwari at and for the price/consideration and on the terms and conditions mentioned therein and have also granted the Power of Attorney dated 29.06.2011 registered at the office of Sub Registrar of Assurances at Kalyan under serial No. 6939/2011 on 29.06.2011 in favour of said Shri Omprakash Ashokkumar Tiwari. AND WHEREAS as per the mutation entry 1480 dated 02.01.2013, the said survey number is now identified as Survey No. 73 Hissa No. 37/1 in the revenue records. AND WHEREAS by and under the powers and authorities vested with Shri Omprakash Ashokkumar Tiwari under the agreement dated 29.06.2011, the said Shri Omprakash Ashokkumar Tiwari has obtained the Intimation of Disapproval 2 (IOD) from Kalyan Dombivali Municipal Corporation under No. KDMP/NRV/BP/KV/2012-13/118 dated 26.07.2012 and has converted the said property to non agricultural use under the order bearing No. Mahasul/K-1/T- 7/NAP/Balyani-Kalyan/SR-174/2012 dated 26.02.2013. AND WHEREAS the said Shri Omprakash Ashokkumar Tiwari has also obtained the building commencement certificate from Kalyan Dombivali Municipal Corporation under No. KDMP/NRV/BP/KV/2012-13/118/12 dated 10.04.2014 for the said property. AND WHEREAS further by and under an Agreement for Development dated 24.12.2014 registered at the office of Sub Registrar of Assurances at Kalyan-2 under serial No. 8993/2014 on 29.12.2014, the said Omprakash Ashokkumar Tiwari has further transferred and assigned the development rights of the said property in favour of the Promoter herein at and for the price/consideration and on the terms and conditions mentioned therein and have also granted the Power of Attorney registered at the office of Sub Registrar of Assurances at Kalyan under serial No. 8994/2014 on 29.12.2014 in favour of the Promoter herein. AND WHEREAS the Promoters declare that the above referred Deeds, documents, agreements, permissions and sanctions are still, subsisting and completely in force; AND WHEREAS the portions of the said property being affected by National Highway and D.P.Road, under the Possession letter bearing No. KDMP/Estate/Muka/1685 dated 05.02.2014, an area admeasuring 312 sq.meters affected by National Highway stood handed over o Kalyan Dombivali Municipal Corporation and further under the Possession letter bearing No. KDMP/Estate/Muka/1688 dated 05.02.2014, an area admeasuring 100 sq.meters affected by18 meter wide D.P. road.stood handed over to the Kalyan Dombivali Municipal Corporation. AND WHEREAS after deducting the portions of land affected by road, the Promoter has submitted the plan for sanction and approval to the Kalyan Dombivali Municipal Corporation on the balance area admeasuring 1688 sq.meters and has obtained the sanction of plan from the Kalyan Dombivali Municipal Corporation for construction of residential cum commercial building comprising of stilt (part), ground floor (part) plus first to nine upper floors on the land admeasuring 1688.15 sq. meters together with the benefits of the area admeasuring 412 sq. meters affected by road hereinafter called and referred to as the “project land” ( more particularly described in the First Schedule hereunder written) under No. KDMC/ TPD/ BP/ KD /2012-13/118/344 dated 26.12.2022; AND WHEREAS the Promoter declares that the above mentionsed agreements, power of attorneys, deeds, docuemnts and writings are vlaid, subsisting and binding and in full force and in terms of the powers and authorities vested with the Promoter, the Promoter have initiated the development activities in terms of the sanctioned plans and permissions and in terms of said sanctions and permissions the Promoters herein are well and sufficiently entitled to develop said property; AND WHEREAS in pursuance to the sanctioned plans and permissions the Promoters herein are well and sufficiently entitled to develop the said property by constructing multi-storied building thereon and sell the flats/units on the ownership basis and appropriate the sale proceeds thereof; AND WHEREAS as recited hereinabove the Promoters are entitled to develop the said property and carry out the construction of the proposed building at their own costs and expenses and to dispose of the flats/units constructed in the building/s on ownership basis and to enter into agreements with the Allottee/Purchaser/s and to receive the sale price in respect thereof and upon such disposal of the flats/units to transfer and assign the said leasehold rights of the land together with the building/s constructed thereon in favour of 3 the co-operative housing society and/or the condominium of the apartment owners or corporate body of all those several persons acquiring the respective flats/units under the provisions of law; AND WHEREAS the Promoters have further intended to get the said plans and specification revised, renewed and altered for consumption of remaining floor space index, transfer of development rights and the increases and incentives in the floor space index as may be permitted under the provisions of Unified Development Control and Promotion Regulation to be used and utilized on the said property as may be granted by the Kalyan Dombivali Municipal Corporation and to exploit the maximum potentiality floor space index on said property thereby constructing additional floors on the present sanctioned building as well as the Promoters further intent to amalgamate the abutting, adjoining and adjacent properties with said property thereby forming a single consolidated holding from time to time and further the Promoters have given the clear inspection of the plans and specifications to the Allottee/s herein as regards the existing sanctioned building/s and the further proposed expansion, amalgamation and extension to the said property and the Allottee/s herein is well aware of the same; AND WHEREAS the Promoters are entitled and enjoined upon to construct building on the said property in accordance with the recitals, disclosures, further expansions and future development as mentioned hereinabove which is clearly and elaborately brought to the notice and knowledge of the Allottee/s herein and the Allottee/s is aware of the same. AND WHEREAS relying upon the above recitals and disclosures and the scope of further and future development being understood by the Allottee/s to which the Allottee/s has/have granted his/ her / their consent, the Allottee Purchaser has applied to the Promoter for allotment of and accordingly the Promoter has offered to the Purchaser Allottee/s a Flat/unit bearing No. _________, on ________Floor, admeasuring _______ Sq. meters (Carpet) in the Building known as “_____________________” at and for the price/consideration of Rs. _______________________ (Rupees ______________________________________ only) and the area of the said Flat /unit No. ______ is as under: Carpet area of the flat ______ sq.mts. Carpet area of enclosed balcony ______ sq.mts. Carpet area of open terrace ______ sq.mts. and the same is herein after referred to as the said “premises” and shown and marked accordingly on the floor plan annexed hereto constructed on the said property described in the first schedule hereunder written. AND WHEREAS the Allottee/s after going through the entire disclosures, the future course of expansion and development, scope for sanction of additional floors and also verifying the site of the building and the work of construction and its progress thereof, the site of infrastructural and recreational facilities and amenities and nature and scope thereof and after being satisfied about the same has agreed to enter into this agreement and further declare that he/she/they shall not raise any objection, claim, demand or action in respect of the additions, modifications, changes and / or further alterations in the scheme of construction as may be permitted by the concerned town planning authorities from time to time and accordingly with the above disclosure, the Allotee has agreed to acquire the said flat and to execute the present agreement. 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; 4 AND WHEREAS the Promoters have appointed a Structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoters accepts the professional supervision of the Architect and the Structural Engineer till the completion of the building/ buildings. AND WHEREAS the Promoters have registered the Project under the provisions of the Real Estate (Regulation and Development) Act, 2016 with the Real Estate Regulatory Authority under No. ________________ dated ___________; AND WHEREAS on demand from the Allottee/s, the Promoters have given inspection to the Allottee/s of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoters Architects and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoters, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoters to the project land on which the Premises are constructed or are to be constructed have been annexed hereto. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoters and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto. AND WHEREAS the authenticated copies of the plans and specifications of the Premises agreed to be purchased by the Allottee/s, as sanctioned and approved by the local authority have been annexed hereto. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters 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 Promoters have accordingly commenced construction of the said building in accordance with the said proposed plans. AND WHEREAS the carpet area of the said premises is ______ sq. metres meters and "carpet area" means the net usable floor area of the said premises, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Premises for exclusive use of the Allottee/s or verandah area and exclusive open terrace area appurtenant to the said Premises for exclusive use of the Allottee/s but includes the area covered by the internal partition walls of the premises. AND WHEREAS, the parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; 5 AND WHEREAS, prior to the execution of these presents the Allottee/s has / have paid to the Promoters a sum of Rs.____________ (Rupees ______________________________ Only), being part payment of the sale consideration of the premises agreed to be sold by the Promoters to the Allottee/s as advance payment or Application Fee (the payment and receipt whereof the Promoters doth hereby admit and acknowledge) and the Allottee/s has/have agreed to pay to the Promoters the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, under section 13 of the said Act the Promoters is/are required to execute a written Agreement for sale of said Premises with the Allottee/s, 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 Promoters hereby agrees to sell and the Allottee/s hereby agrees to purchase the said premises. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1(a) The Promoters shall construct the said building/s presently as per the sanctioned plans and permissions on the said property described in the First Schedule hereunder written in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoters shall have to obtain prior consent in writing of the Allottee/s in respect of variations or modifications which may adversely affect the premises of the Allottee/s except any alteration or addition required by any Government authorities or due to change in law. 1(b) The Allottee/s hereby agrees to purchase from the Promoters and the Promoters hereby agrees to sell to the Allottee/s, the premises being Flat/unit bearing No. _________, on ________Floor, admeasuring _______ Sq. meters (Carpet) in the Building known as “_____________________” at and for the price/consideration of Rs. _______________________ (Rupees ______________________________________ only) and the area of the said Flat /unit No. ______ is as under: Carpet area of the flat ______ sq.mts. Carpet area of enclosed balcony ______ sq.mts. Carpet area of open terrace ______ sq.mts. and the same is herein after referred to as the said “premises” and shown and marked accordingly on the floor plan annexed hereto being constructed on the said property as shown in the Floor plan annexed hereto for the price/consideration of Rs._______________ (Rupees _____________________________________________________ Only) including the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. 1(c) The Allottee/s hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee stilt parking space No. _____ or mechanical parking space being constructed in the layout of the said property for the consideration of Rs. ____________. 1(d) The Allottee/s has/ have agreed and assured to pay the total consideration of Rs. _______________ (Rupees _______________________ _______________________________________________ Only) to the Promoters herein in the following manner : 6 i) 10% of the total amount paid as advance payment or application fee at the time of execution of this agreement. ii) 35% of the total amount to be paid on completion of the Plinth of the building in which the said Premises is situated. iii) 25% of the total amount to be paid on completion of slabs of the Building in which the said Premises is situated (___ % x ___ slabs). iv) 05% of the total amount to be paid on completion of the walls and internal plaster of the said premises. v) 05% of the total amount to be paid on completion of the, floorings and tiling work of the said premises. vi) 05% of the total amount to be paid on completion of the staircases, lift wells, lobbies up to the floor level of the said premises. vii) 05% of the total amount to be paid on completion of the external plaster and elevation of the building in which the said premises is situated. viii) 05% of the total amount be paid on completion of the doors, windows, sanitary fittings, lifts, water pumps, electrical fittings, floorings of staircase, common lobbies, entrance lobby terraces with water proofing, external plumbing, paving of area. ix) 05% of the total amount to be paid at the time of handing over of the possession of the said Premises to the Allottee on or after receipt of occupancy certificate or completion certificate. The Cheque / DD / Pay order to be drawn in favour to Name : Pearl Corporates A/C No. : ___________________________________ IFSC CODE : ___________________________________ BANK : ___________________________________ BRANCH : ___________________________________ It is hereby expressly agreed that the time for payment of each of the aforesaid installment of the consideration amount shall be essence of contract. All the above respective payments shall be made within 7 days of the Promoters sending a notice to the Allottee/s, calling upon him/her to make payment of the same or via SMS, Email and this will be sufficient discharge to the Promoters. That the Allottee/s herein undertakes to pay as and when demanded by the Promoters herein the cost of legal charges, share money, application and entrance fee of the society, cost of society formation and registration charges and incidental charges thereto, infrastructure development charges for the complex, requisite M.S.E.D.C.L electric meter charges, Transformer charges and cabling thereto, water connection charges, requisite share for installation of solar system, Goods and Services Tax, Stamp Duty and Registration Charges and any other tax or charges of any competent government authority out of pocket expenses in respect of this agreement. 1(e) The Total Price above excludes all Property Taxes, Goods and services Tax, Land Revenue, Non Agricultural Taxes, Other Taxes (Municipal/ 7 State/Federal) and /or other statutory duties (as and when applicable), levies, cesses, charges, deposits, premiums, duties imposed by the statutory authorities, stamp duty, registration charges, maintenance charges, layout maintenance charges and other outgoings by any other name in respect of and applicable to the said property project, building, flat existing on or Allotment / Request for Allotment, whether payable now and/or in future and / or those which is / are sub-judice, including interest and penalties thereon, including those which may become enforceable retrospectively and computed as per laws/rules/regulations, and shall be to the account and liability of and borne and paid by the Allottee/s alone, without any delay/protest, including if such amounts are proposed to be deposited by the promoters in fixed deposits, if such claims are sub-judice. 1(f) 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 Promoters undertakes and agrees that while raising a demand on the Allottee/s for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoters 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/s, which shall only be applicable on subsequent payments. 1(g) The Promoters may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee/s by discounting such early payments @ 1% per annum for the period by which the respective installment has been pre-pone. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Allottee/s by the Promoters. 1(h) The Promoter shall confirm the final carpet area that has been allotted to the Purchaser after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Purchaser within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Purchaser. If there is any increase in the carpet area allotted to Purchaser, the Promoter shall demand additional amount from the Purchaser as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1 of this Agreement. 1(i) The Allottee/s authorizes the Promoters 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 Promoters may in its sole discretion deem fit and the Allottee/s undertakes not to object / demand / direct the Promoters to adjust his/her/their payments in any manner. 2.1) The Promoters hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Premises to the Allottee/s, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Premises. 8 2.2) COMPENSATION : TIME IS ESSENCE : Time is essence for the Promoters as well as the Allottee/s. The Promoters shall abide by the time schedule for completing the project and handing over the said premises to the Allottee/s and the common areas to the association of the owners/Allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee/s shall make timely payments of the installment and other dues payable by him/her/ them and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoters as provided in clause 1 herein above. (“Payment Plan”). The Allottee agrees to pay the Promoter interest calculated, at the rate of the highest marginal cost of lending as declared by State of India as increased by two per cent, on all the amounts which become due and payable by the Allottee/s to the Promoters under this agreement for the period from the due date of payment till the date of the actual payment thereof. In case the Allottee entered into any loan/financing arrangement with any bank/financial institution, such bank/financial institution shall be required to disburse / pay all such amounts due and payable to the Promoter under this Agreement as per the demand letter from the Promoter. The Promoter shall have a first and prior charge on the said premises with respect to any amounts due and payable by the Allottee to the Promoter under this Agreement. The Agreement and contract pertaining to such loan and mortgage shall not impose any liability or obligation upon the Promoter in any manner. 3) The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 2081.46 sq. meters or thereabout under the provisions of Unified Development Control and Promotion Regulation and the Promoter has disclosed that they intend to acquire additional floor space index as and by way of increases and incentives therein from time to time. 4) TERMINATION OF AGREEMENT: 4.1) If the Promoters fails to abide by the time schedule for completing the project and handing over the said premises to the Allottee/s, the Promoters agrees to pay to the Allottee/s, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee/s, for every month of delay, till the handing over of the possession. The Allottee/s agrees to pay to the Promoters, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee/s to the Promoters under the terms of this Agreement from the date the said amount is payable by the Allottee (s) to the Promoters. 4.2) Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Purchaser committing default in payment on due date of any amount due and payable by the Purchaser to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement: 9 Provided that, Promoter shall give notice of fifteen days in writing to the Purchaser, by Registered Post AD at the address provided by the Purchaser and mail at the e-mail address provided by the Purchaser, 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 Purchaser fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Purchaser (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Premises which may till then have been paid by the Purchaser to the Promoter. 4.3) For whatsoever reason if the Allottee/s herein, without any default or breach on his/her/their part, desire to terminate this agreement / transaction in respect of the said apartment then, the Allottee/s herein shall issue a prior written notice to the Promoters as to the intention of the Allottee/s and on such receipt of notice the Promoters herein shall be entitled to deal with the said apartment with prospective buyers. After receipt of such notice of intention to terminate this agreement the Promoters shall issue a 15 days’ notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Allottee/s shall be entitled to receive the refund of consideration, subject to terms of this agreement. 4.4) It is specifically agreed between the parties hereto that, if the transaction in respect of the said apartment between the Promoters and Allottee/s herein terminated as stated in sub-paragraph herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoters and Allottee/s herein, in respect of the said apartment, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. Provided further that upon termination of this Agreement as aforesaid, the Promoters shall deduct 20% of the total amount of consideration received from the Allottee/s and shall refund the balance amount within a period of thirty days of the termination. 5) The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular details to be provided by the Promoters in the said building and the Premises as are set out in Annexure annexed hereto. 6) POSSESSION OF THE PREMISES: The Promoters shall give possession of the said premises to the Allottee/s on or before ___________. If the Promoters fails or neglects to give possession of the Premises to the Allottee/s on account of reasons beyond their control and of their agents by the aforesaid date then the Promoters shall be liable on demand to refund to the Allottee/s the amounts already received by him in respect of the Premises with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoters received the sum till the date the amounts and interest thereon is repaid. 10 The Allottee/s shall take possession of the said premises within 15 days of the written notice from the Promoters to the Allottee/s intimating that the said premises is ready for use and occupancy. Provided that the Promoters shall be entitled to reasonable extension of time for giving delivery of said premises on the aforesaid date, if the completion of building in which the Premises is to be situated is delayed on account of i) 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 Promoters, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee/s as per the agreement shall offer in writing the possession of the said premises to the Allottee/s in terms of this Agreement to be taken within 15 days from the date of issue of such notice and the Promoters shall give possession of the said premises to the Allottee/s. The Promoters agrees and undertakes to indemnify the Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoters. The Allottee/s agree(s) to pay the maintenance charges as determined by the Promoters or association of Allottee/Purchasers, as the case may be. The Promoters on its behalf shall offer the possession to the Allottee/s in writing within 7 days of receiving the occupancy certificate of the Project. 7.2) The Allottee/s shall take possession of the said premises within 15 days of the written notice from the Promoters to the Allottee/s intimating that the said Premises are ready for use and occupancy: 7.3) Failure of Allottee/s to take Possession of the said premises from the Promoters: Upon receiving a written intimation from the Promoters, the Allottee/s shall take possession of the said premises from the Promoters by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoters shall give possession of the said premises to the Allottee/s. In case the Allottee/s fails to take possession within the time provided herein such Allottee/s shall continue to be liable to pay maintenance charges as applicable. 7.4) If within a period of five years from the date of handing over the said premises to the Purchaser, the Purchaser brings to the notice of the Promoter any structural defect in the Premises or the building in which the Premises are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act which pertains to defect in workmanship on the part of the Promoters and there shall be no compensation in the defect liability period due to wear and tear as well as any alterations, modifications and changes made by the Purchasers in the said premises 8) The Allottee/s shall use the said premises or any part thereof or permit the same to be used only for purpose of which it is sanctioned and approved by the municipal authorities. 11 9) The Allottee/s along with other Allottees/Purchaser(s) of premises in the building shall join in forming and registering the cooperative housing society or condominium of apartment owners or any corporate body to be known by such name as the Promoters 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 cooperative housing society or condominium of apartment owners or any corporate body and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoters within seven days of the same being forwarded by the Promoters to the Allottee/s, so as to enable the Promoters to register the common organization of Allottees/Purchasers. No objection shall be taken by the Allottee/s 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 a period of three months of the majority of allottees having booked their apartment, shall submit the application to the Registrar for registration of a co-operative housing society under the provisions of Maharashtra Co-operative Societies Act,1960 or a company or any other legal entity within three months from the date of which fifty one percent of the total number of allottees in such building or wing have booked their apartment. 9.2) The Promoter shall within three months of registration of the co- operative housing society or association or limited company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Owners and Promoter in the said structure of the Building or wing in which the said premises is situated. 9.2) Within 15 days after notice in writing is given by the Promoters to the Allottee/s that the Premises is / are ready for use and occupancy, the Allottee/s shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Premises) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the cooperative housing society or condominium of apartment owners or any corporate body is formed and the said structure of the building/s or wings is transferred to it, the Allottee/s shall pay to the Promoters such proportionate share of outgoings as may be determined. The Allottee/s further agrees that till the Allottee's share is so determined the Allottee/s shall pay to the Promoters provisional monthly contribution of Rs. ________ for 1BHK / Rs.__________ for 2BHK per month towards the outgoings. The amounts so paid by the Allottee/s 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 cooperative housing society or condominium of apartment owners or any corporate body as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoters to the cooperative housing society or condominium of apartment owners or any corporate body as the case may be. 10) The Allottee/s shall pay to the Promoters on demand - 12 i) requisite amounts towards legal charges, entrance fees and share capital, society formation charges, Water connection charges, grill charges, MSEB meter and deposit charges, solar charges, balcony enclosing charges and other incidental expenses thereto. ii) requisite amount and charges on account of goods and services tax, stamp duty and registration charges and any other taxes and levies as may be imposed by the concerned government and semi- government authorities. iii) the provisional outgoings for municipal taxes, water bill, bore-well common electric expenses if any (24 months contribution in advance is to be paid at the time of possession) as well as requisite lift charges and proportionate expenses thereto. 11) The Allottee/s shall pay the requisite costs for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoters in connection with formation of the said cooperative housing society or condominium of apartment owners or any corporate body 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/s shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said cooperative housing society or condominium of apartment owners or any corporate body 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/s shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said cooperative housing society or condominium of apartment owners or any corporate body 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 cooperative housing society or condominium of apartment owners or any corporate body. 13) REPRESENTATIONS AND WARRANTIES OF THE PROMOTERS The Promoters hereby represents and warrants to the Allottee/s as follows: i) The Promoters have clear and marketable title with respect to the said property 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 Promoters have lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii) There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; 13 v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoters have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi) The Promoters have 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/s created herein, may prejudicially be affected; vii) The Promoters have not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said premises which will, in any manner, affect the rights of Allottee under this Agreement; viii) The Promoters confirms that the Promoters are not restricted in any manner whatsoever from selling the said premises to the Allottee/s 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/ Purchasers the Promoters shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottee/Purchaser/s; x) The Promoters have duly paid and shall 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 Promoters in respect of the project land and/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 Premises may come, hereby covenants with the Promoters as follows:- i) To maintain the said premises the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Premises is taken and shall not do or suffer to be done anything in or to the building in which the Premises is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Premises is situated and the Premises itself or any part thereof without the consent of the local authorities, if required. ii) Not to store in the said premises any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the 14 Premises is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the said premises is situated, including entrances of the building in which the said premises is situated and in case any damage is caused to the building in which the said premises is situated or the Premises on account of negligence or default of the Allottee/s in this behalf, the Allottee/s shall be liable for the consequences of the breach. iii) To carry out at his own cost all internal repairs to the said Premises and maintain the Premises in the same condition, state and order in which it was delivered by the Promoters to the Allottee/s and shall not do or suffer to be done anything in or to the building in which the Premises is situated or the Premises which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee/s committing any act in contravention of the above provision, the Allottee/s shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv) Not to demolish or cause to be demolished the Premises or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Premises or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Premises is situated and shall keep the portion, sewers, drains and pipes in the Premises and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Premises is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Premises without the prior written permission of the Promoters and/or the cooperative housing society or condominium of apartment owners or any corporate body. v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Premises is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Premises in the compound or any portion of the project land and the building in which the Premises is situated. vii) Pay to the Promoters within fifteen days of demand by the Promoters, their share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Premises is situated. viii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, 15 on account of change of user of the Premises by the Allottee/s for any purposes other than for purpose for which it is sold. ix) The Purchaser shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Premises until all the dues payable by the Purchaser to the Promoter under this Agreement are fully paid up and no objection therefor is sought by the purchaser from the Promoter for such transfer and assignment till the formation of the Society or the Limited Company as the case may be. x) The Allottee/s shall observe and perform all the rules and regulations which the cooperative housing society or condominium of apartment owners or any corporate body may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Premises therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee/s shall also observe and perform all the stipulations and conditions laid down by the cooperative housing society or condominium of apartment owners or any corporate body regarding the occupancy and use of the Premises in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi) Till a conveyance of the structure of the building in which Premises is situated is executed in favour of cooperative housing society or condominium of apartment owners or any corporate body the Allottee/s shall permit the Promoters 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) That the Allottee/s shall indemnify and keep indemnifying the Promoters towards against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non- performance of such obligations given specifically herein to the Allottee/s. xiii) That nothing herein contained shall construe as entitling the Allottee/s any right on any of the adjoining, neighboring or the remaining buildings/ common areas etc. of the remaining portion of the proposed project layout unless specifically agreed and consideration dispensed by the Allottee/s to the Promoters in this regards. 15) The Promoters shall maintain a separate account in respect of sums received by the Promoters from the Allottee/s as advance or deposit, sums received on account of the share capital for the promotion of cooperative housing society or condominium of apartment owners or any corporate body or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16) THE Allottee/s shall be responsible for additional municipal taxes that may be levied by reason of the user of any permitted tenancy or leave and license agreement in respect of the premises allotted to the Allottee/s. 16 17) IT is hereby agreed that the Promoters shall be at liberty to amalgamate and / or combine one or more plots of land adjacent to the said land and get the plan of the proposed building/s to be constructed on the land so amalgamated / combined sanctioned from the planning authority and in such event form and get registered co-operative housing society of all the flats Allottees in the said buildings and the Allottee/s herein shall not, in any manner object the said right of the promoters. It is further agreed that in such event (Allottees/Purchasers of the adjacent land for the purpose of development) the Promoters shall be at liberty and / or entitled to grant a right of way from or through the said land for approaching (or of the better approach) to the adjacent lands those would be acquired with a view to developing them and the Allottee/s herein shall not object the said right of the Promoters in any manner. 18) The Promoters have brought to the clear notice and knowledge of the Allottee/s that during the course of development they shall sell, assign, mortgage, charge, encumber or otherwise deal with all or any of their rights, title, benefits and interest in respect of the said property, and / or the said building or any part thereof. The Promoters has brought to the notice and knowledge of the Allottee/s that during the course of construction / development, the Promoters will avail and procure financial assistance, construction loan, cash credit facilities and other mode of monetary assistance and borrowing by mortgaging the property and the scheme of construction thereby creating charge, mortgage on the said property and the Allottee/s is/are aware of the same and the Allottee/s shall not raise any objection or obstruction to such creation of charge, mortgage and raising the finance by the Promoters. However, such charge and mortgage shall be subject to rights of the Allottee under this agreement. The Allottee/s further confirm and undertake that he will issue cheques of the installment as specified and in favour in the account banks and financial institutions as nominated and directed by the Promoters. However, such sale, assignment, mortgage, charge, encumbrance and raising of finance, monies for the development of the said property shall always be subject to the rights of the Allottee/s under this agreement. 19) The Promoters have also brought to the clear notice and knowledge of the Allottee/s that during the course of construction, the Promoter may transfer and/or assign the development rights in respect of the said property or any part thereof or enter into joint venture understanding, partnership or other business arrangement with any persons, firm or company for development of the said property or any part thereof however, the promoters shall safeguard and project the right and interest of the flat Allottee/s herein in respect of the flat agreement to be acquired by him and the Allottee/s is aware of the same. 20) It is expressly agreed that the Promoters shall be entitled to put a hoarding and / or cable network station mobile phone set up or station on the said property or on the building to be constructed on the said property and the said hoardings may be illuminated or comprising of neon sign or such other type or mode as may be designed by the Promoters and for the purpose Promoters are fully authorised to allow temporary or permanent construction or erection in installation either on the exterior or the said building or on the property as the case may be and the Allottee/s agrees not to object or dispute the same. Necessary covenants, reservations in respect thereto shall be incorporated in the proposed conveyance/assignment of lease. The Promoters or their nominees shall be exclusively entitled to the income that may be derived by display of such advertisement or installation of cable network or mobile phone station, at any time hereafter. The Allottee/s shall not be 17 entitled to any abatement in the price of the said premises or to object to the same for any reason and shall allow the Promoters, their agents, servants etc., to enter into the said property including the terraces and other open spaces in the building for the purpose of putting and / or preserving and / or maintaining and / or removing the advertisements and / or hoardings, neon lights or such installations etc., The Promoters shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the Allottee/s shall not raise any objection thereto. 21) Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Premises or of the said Plot and Building or any part thereof. The Allottee/s shall have no claim save and except in respect of the Premises hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoters until the said structure of the building is transferred to the cooperative housing society or condominium of apartment owners or any corporate body and until the project land is transferred to the cooperative housing society or condominium of apartment owners or any corporate body as hereinbefore mentioned. 22) Notwithstanding any other provisions of this agreement the Promoters have disclosed and brought to the knowledge of the Allottee/s that it shall be at the sole and absolute discretion of the Promoters: a) to form a cooperative housing society or condominium of apartment owners or any corporate body or any other body or bodies of Allottee/s in respect of the buildings to be constructed on the said property. b) to decide and determine how and in what manner the infrastructure including the common areas and recreation space, all other open spaces, layout or internal roads if any may be transferred and/or conveyed/ assigned/ leased. c) to provide for and incorporate covenant and restriction and obligations with regard to the provision of maintaining the infrastructure and common amenities including garden and roads as well as garden attached to the ground floor flats, if any. d) to decide from time to time to what extent the building/s along with land appurtenant to its transferred to the respective body formed. e) to decide from time to time when and what sort of document of transfer should be executed. f) to grant of right of access/way from and through the said property to the adjacent buildings and / or the adjacent properties as well as the easement rights of the said property to the adjacent owners. g) to execute the conveyance of the said property in parts, taking into consideration the divisions of property due to road and such conveyance and that the transfer of land thereto will not be equivalent to the floor space index consumed in the construction of the building situated on the such portion of land conveyed in favour of the cooperative housing society or condominium of apartment owners or any corporate body. 18 and the Allottee/s has/have clearly understood the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the Promoters herein. 23) It is clearly brought to the notice of the Allottee and the Allottee/s is/are made aware that Government may impose certain taxes and levies in future and therefore the Allottee/s herein is/are entirely liable and responsible to bear and pay the such taxes and other levies as imposed by the government authorities as and when called upon by the Promoters and the Allottee/s agree and assure to pay the same without any delay, and if any taxes are paid on behalf of Allottee/s, then the Allottee/s shall refund and reimburse the same to the Promoters on demand. 24) It is clearly agreed and understood between the parties that the Deed of Transfer, Assignment, Conveyance and / or assurances to be executed on completion of the entire scheme of construction shall be prepared by the Advocate/s of the Promoters and during the course of transfer of the land in favour of the cooperative housing society or condominium of apartment owners and / or any corporate body, the area of land conveyed or to be conveyed and transferred may not be equivalent to the total Floor Space Index consumed and utilized for construction of the buildings in the said scheme of construction of the buildings in the said scheme of construction. 25) The Promoters has/have clearly brought to the notice and knowledge of the Allottee/s that there will be changes, modifications, further expansions, amalgamation of the adjacent lands in the scheme of construction and its present and future course of the scheme of development on the said property and / or the adjacent property in the manner herein recited and the Allottee/s has/ have clearly understood the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the Promoter/s herein. 26) BINDING EFFECT Forwarding this Agreement to the Allottee/s by the Promoters does not create a binding obligation on the part of the Promoters or the Allottee/s until, firstly, the Allottee/s 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/s and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoters. If the Allottee (s) fails to execute and deliver to the Promoters this Agreement within 30 (thirty) days from the date of its receipt by the Allottee/s and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoters, then the Promoters shall serve a notice to the Allottee/s for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee/s, application of the Allottee/s shall be treated as cancelled and all sums deposited by the Allottee/s in connection therewith including the booking amount shall be returned to the Allottee/s without any interest or compensation whatsoever. 27) ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether 19 written or oral, if any, between the Parties in regard to the said premises as the case may be. 28) RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties herein. 29) PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE/S / SUBSEQUENT ALLOTTEE/PURCHASERS It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottee/Purchasers of the said premises, in case of a transfer, as the said obligations go along with the said premises for all intents and purposes. 30) SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 31) METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Allottee/s has/have to make any payment, in common with other Allottee/Purchaser(s) in Project, the same shall be in proportion to the carpet area of the said premises to the total carpet area of all the said premises in the Project. 32) FURTHER ASSURANCES The Parties herein agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 33) PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoters through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoters and the Allottee/s, in after the Agreement is duly executed by the Allottee/s and the Promoters or simultaneously with the execution the said Agreement shall be registered at the appropriate office of the Sub-Registrar. 34) The Allottee/s and/or Promoters 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 Promoters will attend such office and admit execution thereof. 20 35) That all notices to be served on the Allottee/s and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee/s or the Promoters by Registered Post A.D and notified Email ID at their respective addresses specified above. It shall be the duty of the Allottee/s and the Promoters to inform each other their address, email ID or any change in address or email ID subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the Promoters or the Allottee/s, as the case may be. 36) JOINT ALLOTTEE/PURCHASERS That in case there are Joint Allottees/Purchasers all communications shall be sent by the Promoters to the Allottee/s whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottee/ Purchaser/s. 37) Stamp Duty and Registration and statutory taxes and levies :- The charges towards stamp duty and Registration of this Agreement as well as statutory government, Semi-Government taxes and levies, goods and service tax, value added tax and all other direct and indirect taxes shall be borne by the Allottee/s alone. The Allottee/s shall be entitled to the benefits offered to him under the provisions of Maharashtra Stamp Act in case of any transfer of the said premises by him to any intending Allottee/s subject to the provisions of the said Act. 38) DISPUTE RESOLUTION: Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Competent Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under. 39) GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force. 40) This agreement shall always be subject to the provisions contained in Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, there under and any other provisions of Law Applicable thereto. FIRST SCHEDULE Entire Property: All that piece and parcel of land lying, being and situate at village Balyani, Taluka Kalyan, District Thane bearing Survey No. 73 Hissa No. 37K, New Survey No. 73 Hissa No. 37/1 totally admeasuring 2100 sq. meters within the limits of Kalyan Dombivali Municipal Corporation owned by Mr. Abdul Majid Khan and bounded as follows: On or towards East : On or towards West : On or towards South : On or towards North : together with all easement rights and benefits thereto. Project Land (to be conveyed in favour of the corporate body): All that portion of land admeasuring 1688 sq. meters together with the benefits of the area admeasuring 412 sq. meters affected by road bearing New Survey No. 73 21 Hissa No. 37/1 totally admeasuring 2100 sq. meters within the limits of Kalyan Dombivali Municipal Corporation and bounded as follows: On or towards East : On or towards West : On or towards South : On or towards North : together with all easement rights and benefits thereto. SECOND SCHEDULE ABOVE REFERRED TO Description of the nature, extent of common areas and facilities. 1. 2. 3. IN WITNESS WHEREOF the parties have set and subscribed their respective hands and seals to this writing on the day and the year first hereinabove mentioned. SIGNED & DELIVERED by the within named Promoter M/s Pearl Corporates Through its partner Shri _____________________ _________________ SIGNED & DELIVERED by the within named Allottee/s ___________________________ _________________ WITNESS: 1 2 22 RECEIPT Received a sum of Rs. _______________/- (Rupees _____________ _________________________only) from time to time prior to execution of this agreement in the following manner:- Sr. No. Date Cheque Amount Bank No. We say received FOR M/s Pearl Corporates _________________ ANNEXURE ANNEXURE – A - Copy of Title Report ANNEXURE –B - Copy of Property Card or extract Village Forms VI or VII and XII ANNEXURE –C-1 Copies of plans & Layout as approved by concerned Local Authority ANNEXURE - C-2 Copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project) ANNEXURE –D Authenticated copies of the plans and specifications of the said premises agreed to be purchased by the Purchaser as approved by the concerned local authority ANNEXURE – E Specification and amenities for the Premises, ANNEXURE –F Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority. 23 Deviation Sheet for submission to RERA Date : ___________ To, Maharashtra Real Estate Regulatory Authority Housefin Bhavan, Plot No. C-21 E Block, Bandra Kurla Complex, Bandra East, Mumbai 400 051 Sir, As per the requisitions received from RERA Authority, following changes are made: a) The clause No. 4.3 and 4.4 previously added are deleted. b) Society formation within a period of 3 months – added at clause 9.1 as per Order No. 38/2022 c) Conveyance clause– added at clause 9.2 as per Order No. 38/2022 d) Extension clauses as as per RERA format and not deviated. No additions are made therein. e) Non negotiable clauses as per Order No.38/2022 are maintained and not modified. f) There is no deviation in the Allotment letter. Thanking you. Yours faithfully, ___________________________ FOR Pearl Corporates Encl: Copy of Modified Agreement for Sale