1 Village : Kolivali Flat / Shop / Unit bearing No. _________, on _________ Floor, in Building / Wing “E” to be known as “ANANT SAGAR” Area : ___________ sq. meters (Carpet) Market Value : Rs. ____________ Actual Value : Rs. ____________ AGREEMENT FOR SALE THIS ARTICLE OF AGREEMENT MADE AT KALYAN ON THIS ________ DAY OF __________ 201__ BETWEEN M/s. SAGAR ENTERPRISES, a registered Partnership Firm, Having its Office at 01, Apna Ghar Society, Near Saint Thomas Church, Karnik Road, Kalyan (W) – 421301, Taluka Kalyan, District Thane (Pan No. AAPFS4888K) (Email: _______________________ ), hereinafter called and referred to as the “PROMOTERS” (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. AND 1) Mr. / Mrs. __________________________________________________ Pan No. _____________________ Email: ______________________ aged about ________ years, occupation Service/Business 2) Mr. / Mrs. __________________________________________________ Pan No. _____________________ Email: ______________________ aged about ________ years, occupation Service/Business residing at __________________________________ hereinafter called and referred to as the “ALLOTTEE/S / PURCHASER / S” (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. 2 WHEREAS Shri Anant alias Daji Gaurusheth Hardas is the owner of and /or otherwise well and sufficiently entitled to all that piece and parcel of Non-Agricultural land lying being at situated at Village Kolivali, Taluka Kalyan, District Thane bearing: Survey Hissa Total Area Assessment No. No. (In Sq. Meters) (In Rupees. Paise) 4 1/A/3 8010.00 19.96 within the limits of the Kalyan Dombivli Municipal Corporation and within the Jurisdiction of Registration District Thane, Sub-Registration District Kalyan, hereinafter called and referred to as the "Said Entire Property" and is described in the FIRST SCHEDULE hereunder written; AND WHEREAS said entire property was originally owned by Shri Gangaram Bhau Bhoir ; AND WHEREAS Shri Anant alias Daji Gaurusheth Hardas has by and under Deed of Conveyance dated 22.01.1976, registered at the Office of Sub-Registrar of Assurances at Kalyan under Sr. No. 110 / 1976 has purchased / acquired the said entire property from Shri Gangaram Bhau Bhoir as absolute owners thereof and in pursuant to said Deed of Conveyance dated 22.01.1976 said property is mutated in the name of Shri Anant alias Daji Gaurushet Hardas as is evidence vide Mutation Entry No. 231. AND WHEREAS by and under Development Agreement dated 08.01.1998, registered at the Office of Sub-Registrar of Assurances at Kalyan-1 under Sr. No. 97/1998 made and executed between Shri Anant alias Daji Gaurushet Hardas as the Owner and Shri Bal alias Harishchandra Hardas as the Confirming Party and the Promoters herein, therein called and referred to as the Developers, said Shri Anant alias Daji Gaurushet Hardas granted the development rights in respect of said entire property in favour of the Promoters herein on terms and conditions and for the consideration mentioned therein ; AND WHEREAS in pursuant to said Development Agreement dated 08.01.1998, Shri Anant alias Daji Gaurushet Hardas and Shri Bal alias Harishchandra Hardas granted Power of Attorney dated 08.01.1998 in favour of the Promoters herein and said Power of Attorney is authenticated before the Sub-Registrar of Assurances at Kalyan-1 under Sr. No. 03/1998 ; AND WHEREAS Shri Anant alias Daji Gaurushet Hardas filed the returns under the provisions of Urban Land (Ceiling and Regulation) Act 1976 in respect of the immovable properties owned and possessed by him and in due course, necessary order is passed by Dy. Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane under section 8(4) of the Urban Land Ceiling and Regulation Act 1976 bearing No. 3 ULC/ULN/6(1)/SR-91-Kolivali dated 31.10.2003, wherein an area admeasuring 6010 sq. meters from said entire property is declared as surplus under the provisions of said Act ; AND WHEREAS said Shri Anant alias Daji Gaurushet Hardas, with a view to seek exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act 1976, submitted the proposal with Dy. Collector and Competent Authority Ulhasnagar Urban Agglomeration, Thane for the said entire Property and accordingly necessary weaker section scheme is sanctioned by Dy. Collector and Competent Authority Ulhasnagar Urban Agglomeration, Thane under order bearing No. ULC/ULN/Sec.(20)(N)/SR- 469 dated 05.12.2003 in respect of said entire Property ; AND WHEREAS by and under Agreement dated 08.01.2016 registered at the Office of Sub-Registrar of Assurances at Kalyan-2 under Sr. No. 235/2016 made and executed between Shri Gangaram Bhau Bhoir and Others as the Part of the One Part and the Promoters herein as the Party of the Other Part, the Promoters herein settled the claim of said Gangaram Bhau Bhoir and Others who were in possession of said entire property and obtained actual, vacant and unobstructed possession of the said entire property and every part thereof; AND WHEREAS by and under Supplementary Agreement dated 30.03.2019 registered at the Office of Sub-Registrar of Assurances at Kalyan-1 under Sr. No. 3537 / 2019 made and executed between the Promoters herein as the Party of the One Part and Shri Anant alias Daji Gaurushet Hardas as the Party of the Other part, the Promoters herein paid enhanced monetary consideration to said Shri Anant alias Daji Gaurushet Hardas and have further agreed to provide additional consideration in kind to said Shri Anant alias Daji Gaurushet Hardas on terms and conditions mentioned therein; AND WHEREAS 15 meters wide D.P. Road is passing through the said property virtually/naturally dividing the said entire property into two parts, one part admeasuring 6493 sq. meters and another part admeasuring 900 sq. meters and area of land admeasuring 617 sq. meters is affected by D.P. Road and accordingly the Promoters herein considering the factual position submitted plans for necessary sanctions and obtaining building commencement certificate from Kalyan Dombivali Municipal Corporation by showing/denoting said area of land admeasuring 6493 sq. meters as Plot “A” and area of land admeasuring 900 sq. meters as Plot “B” ; AND WHEREAS the Promoters herein proposed four buildings Viz. Building “A”, “B”, “C” and “D” on said plot “A” and one Building on Plot “B” and as per the then plans all building where proposed to be sanctioned as Ground Plus Seven upper floors ; AND WHEREAS by and under Development Agreement dated 17.10.2019, registered at the Office of Sub-Registrar of Assurances at Kalyan under Sr. No. 11831/2019 made and executed between the 4 Promoters herein as the Vendors /Assignors and M/s Shankeshwar Kreators, a Partnership Firm having its Office at 208, Aum Supreme Building, Near D Mart, Bail Bazaar, Vallipeer Road, Kalyan (W) – 421301 as the Assignee/ Developers, the Promoters herein granted the development rights of proposed Building “A” and Building “B” having aggregate area of 6214 sq. meters proposed to be sanctioned on Plot “A” forming the part of said entire property in favour of M/s Shankeshwar Kreators, a Partnership Firm, on terms and conditions and for the consideration mentioned therein ; AND WHEREAS Dy. Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane by and his order bearing No. ULC/ ULN/ 20 (New) / SR-469 / 315 dated 31.12.2019 have granted extension to the scheme sanction under Section 20 of Urban Land (Ceiling and Regulation) Act 1976 subject to the compliance of government notification dated 01/08/2019 by the Promoters herein ; AND WHEREAS said entire property by and under order passed by The Tahasildar, Kalyan, is converted to Non-Agricultural use as is evidence vide Order bearing Mhasul/T-2/Jaminbabat-1/ Rupantarkar /SR -364 / 2018 dated 07.02.2020 ; AND WHEREAS the Promoters submitted necessary revised plans for the Kalyan Dombivali Municipal Corporation for approval and Kalyan Dombivali Municipal Corporation granted Building Commencement Certificate bearing No. KDMC/TPD/BP/ KV/2021-23/69 dated 18.01.2022 in respect of said entire property; AND WHEREAS in terms of said sanctioned Plan dated 18.01.2022 four building were sanctioned on Plot “A” and one building is sanctioned on Plot “B” as under: PLOT A: Building Wing A : Stilt + First Floor to Fourteen Floor (Residential) Building Wing B : Stilt + First Floor (Residential) Building Wing C : Stilt + First Floor to Fourteen Floor (Residential) Building Wing D : Stilt + First Floor to Fourteen Floor (Residential) Podium Parking : Ground Plus Two Floor PLOT B: Building Wing E : Stilt (Part) Ground (Part) First Floor to Seven Floor (Residential + Commercial) AND WHEREAS by and under Agreement For Grant of Development Rights dated 11/02/2022 registered at the Office of Sub-Registrar of Assurances at Kalyan-2 under Sr. No. 5906/2022 made and executed 5 between M/s Bhakti Developers, a registered Partnership Firm, having its Office at Plot No. 184, Shop No. 105, Haware Tiara, Sector 13, Kharghar, Navi Mumbai as the Vendors / Transferor and the Promoters herein, therein called and referred to as the Purchasers and Shri Laxman Jagannath Patil and Others as the Owners/ Confirming Party, the Promoters herein have purchased / acquired Transferable Development Rights to the extent of 1319 sq. meters forming the part of total Transferable Development Rights sanctioned in respect of area of land admeasuring 2267 sq. meters forming the part of lands lying being and situate at Village Gandhare bearing Survey No. 15/3/6 and Survey No. 15/3/7 on terms and conditions and for the consideration mentioned therein ; AND WHEREAS by and under Agreement dated 24.01.2023 registered at the Office of Sub-Registrar of Assurances at Kalyan-2 under Sr. No. 1655 / 2023 made and executed between the Promoters herein as the Party of the One Part and Shri Anant alias Daji Gaurushet Hardas as the Party of the Other part, the Promoters herein in terms of said agreement have allotted the kind consideration to said Shri Anant alias Daji Gaurushet Hardas to which he was entitled to in terms of Supplementary Agreement dated 30.03.2019 ; AND WHEREAS the Promoters herein having acquired Transferable Development Rights to the extent of 1319 sq. meters for use and utilisation on said entire property and submitted revised plans under Unified Development Control and Promotion Regulation (UDCPR), using Basic F.S.I., Ancillary F.S.I. and further used and utilized the Transferable Development Rights acquired by them and submitted revised plans with Kalyan Dombivali Municipal Corporation for approval and sanction and Kalyan Dombivali Municipal Corporation approved the said plans and granted revised /amended Building Commencement Certificate bearing No. KDMC/TPD/BP/KD/2021-22/69/427 dated 24/02/2023 in respect of said property and in terms of the said revised permission the said buildings sanctioned on said property are now sanctioned as under : PLOT A: Building Wing A : Stilt + First Floor to Fourteen Floor (Residential) Building Wing B: Stilt + First Floor to Fourteen Floors (Residential) Building Wing C: Stilt + First Floor to Fourteen Floors (Residential) Building Wing D: Stilt + First Floor to Fourteen Floor (Residential) Podium Parking : Ground Plus Two Floor PLOT B: Building Wing E : Stilt (Part) Ground (Part) First Floor to Seven Floor (Residential + Commercial) 6 AND WHEREAS The Tahasildar Kalyan by and under his order bearing No. Mhasul /T-1/T-2/Jaminibabat/ Sanad/SR-295/2023 has grant necessary sanad in respect to non-agricultural use of said entire property ; AND WHEREAS by and under Supplementary Agreement dated 01/12/2023 registered at the Office of Sub-Registrar of Assurance at Kalyan - 2 under Sr. No. 25006/2023 made and executed between M/s Shankeshwar Kreators, a Partnership Firm, having its Office at 208, Aum Supreme Building, Near D Mart, Bail Bazaar, Vallipeer Road, Kalyan (W)- 421301 as the Party of the First Part and the Promoters herein as the Party of the Second Part, the Promoters herein have granted additional area sanctioned in said Building No. A and Building No. B in favour of M/s Shankeshwar Kreators, a Partnership Firm, on terms and condition mentioned therein. AND WHEREAS the Promoters herein declare that the aforesaid Development Agreements, executed thereto are valid and subsisting and in terms of aforesaid Development Agreement and sanctioned Plans and Permissions the Promoters herein are well and sufficiently entitled to development said entire property by constructing multi-storied building on the said entire property as per sanctioned permissions and plans and to sell the flats / shops / units constructed therein to intending purchaser/s ; AND WHEREAS the Promoters herein declare that said sanction and permission are valid subsisting and completely in force ; AND WHEREAS the plans, floor plans, drawings and specifications etc., in respect of the proposed building have been prepared by Architect Shobhana Deshpande of Kalyan ; AND WHEREAS the Promoters have also appointed Shri Majid Dhokle of Kalyan and Shri Rajesh Thakare of Dombivali as Structural Engineer for preparing of structure designs and drawings of said building/s to be constructed thereon; AND WHEREAS the Promoters herein are presently constructing / developing the Building / Wing “E” sanctioned on Plot B admeasuring 900 sq. meters as per sanctioned plan forming the part of said entire property, herein after area of land admeasuring 900 sq. meters recognised as Plot “B” in sanctioned plan on which Building / Wing “E” is sanctioned forming the part of said entire property is called and referred to as “SAID PROPERTY” and is more particularly described in the SECOND SCHEDULE hereunder written and is subject of present matter of present development ; AND WHEREAS the Promoters are carrying out construction on said property as per sanctioned plans and permissions and expressed their 7 intention to dispose off the Flats / Shops / Units in the proposed Building / Wing “E” to be known as “ANANT SAGAR”, to be constructed on said property ; AND WHEREAS it is specifically brought to the notice of the allottee/s / Purchaser/s herein that Buildings sanctioned on Plot A shall be develop as separate housing scheme and Building Wing “E” sanctioned on Ploy B shall be developed as separated housing scheme and amenities and facilities provided in Buildings developed on Plot “A” shall be for the use and utilisation of the allottee/s / Purchaser/s in said buildings on Plot “A” and the amenities and facilities provided in Building developed on Plot “B” shall be for the use and utilisation of the allottee/s / Purchaser/s in said building on Plot “B” and the allottee/s / Purchaser/s has/ have no-objection for the same and has / have granted his unequivocal consent for the same ; AND WHEREAS relying upon the above recitals and disclosures and the scope of further and future development being understood by the Purchaser/s to which the Purchaser/s has/have granted his / her / their consent, the Purchaser/s is / are offered a Flat / Shop / Unit bearing No. __________, on _____ Floor, (herein after referred to as the said “premises”) situated in Building / Wing “E” to be known as “ANANT SAGAR” being constructed on said Property; AND WHEREAS as recited hereinabove, the Promoters are entitled to develop the said property and carry out the construction of the proposed buildings at their own costs and expenses and to dispose of the Flats / Shops / Units constructed in the buildings on ownership basis and to enter into agreements with the allottee/s / Purchaser/s and to receive the sale price in respect thereof and upon such disposal of the Flats / Shops / Units to convey the said land together with the buildings constructed thereon in favour of the co-operative housing society of all those several persons acquiring the respective Flats/Shops/Units in the buildings subject to terms, conditions, facts and circumstances as mentioned in these presents ; AND WHEREAS on demand from the allottee/s / purchaser/s, the Promoters has given inspection to the allottee/s / purchaser/s of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoters abovenamed Architects including the building and floor plans the nature and quality of construction fittings, fixtures, facilities and amenities provided / to be provided thereto 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; 8 AND WHEREAS the allottee/s / purchaser/s has/have accepted the title of the Owners to the said property as shown in the records of rights in respect thereof and the documents referred to hereinabove ; AND WHEREAS the allottee/s / purchaser/s has/have seen the site of said building/s and the work of construction of the said buildings being in progress and is satisfied with the quality of the work and has approved the same ; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoters, authenticated copies of Extract of Village Forms 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 building/s and/or Flat/Shop/Units 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 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 marked as Annexure C-2, AND WHEREAS the Promoters have got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building, AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance 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 has accordingly commenced construction of the said Building/s in accordance with the said proposed plans. AND WHEREAS the allottee/s / purchaser/s has/have applied to the Promoters for allotment of Flat / Shop / Unit bearing No. __________, on _______ Floor, situated in the “Building / Wing E” to be known as “ANANT SAGAR” being constructed on said Property ; 9 AND WHEREAS the carpet area of the said premises is _________ square meters and "carpet area" means the net usable floor area of an Flat / Shop / Unit, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat / Shop / Unit for exclusive use of the allottee/s / purchaser/s or verandah area and exclusive open terrace area appurtenant to the said Flat / Shop / Unit for exclusive use of the allottee/s / purchaser/s, but includes the area covered by the internal partition walls of the Flat / Shop / Unit ; AND WHEREAS the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Purchasers 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 / purchaser/s as advance payment or Application Fee (the payment and receipt whereof the Promoters both hereby admit and acknowledge) and the allottee/s / purchaser/s have agreed to pay to the Promoters the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS Promoters have registered the project under the provisions of Real Estate (Regulation and Development) Act 2016 with Real Estate Regulatory Authority at Mumbai bearing No. ____________ ; AND WHEREAS, under section 13 of the Real Estate (Regulation and Development) Act 2016 the Promoters are required to execute a written Agreement for sale of said Flat / Shop / Unit with the allottee/s / purchaser/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 hereby agrees to purchase (the Premises) and the gargage/covered parking (if applicable) NOW THIS PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 10 1) THE Promoters have started construction and shall construct the buildings on the said property in accordance with the plans, design specifications approved by the concerned local authority and which have been seen and approved by the allottee/s / purchaser/s with only such variation and modification as the Promoters may consider necessary or as may be required by the municipal authorities to be made in them or any of them for which the allottee/s / purchaser/s hereby gives consent. Provided that the Promoters shall have to obtain prior consent in writing of the allottee/s / Purchaser/s in respect of variations or modifications which may adversely affect said premises of the allottee/s / Purchaser/s except any alteration or addition required by any Government authorities or due to change in law. 2) (a) i) THE allottee/s / purchaser/s hereby agrees to purchase from the Promoters and the Promoters hereby agrees to sell to allottee/s / purchaser/s the Flat / Shop / Unit bearing No. _________ on _________ Floor, admeasuring __________ Sq. Meters (Carpet) in the proposed Building /Wing “E” to be known as “ANANT SAGAR” and as shown on the floor plan hereto annexed hereinafter called and referred to as "SAID PREMISES" at and for the Lumpsum price / consideration of Rs. _____________ /- (Rupees _______________________________________________________ _____________________________ ONLY) being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Annexure “A” annexed herewith. That said premises will have Enclosed Balcony area of ____ sq. meters Plus Open Terrace of __________ sq. meters, which areas shall be for exclusive use and benefit of said premises. ii) The Allotee hereby agrees to purchase from the Promoters and the Promoters hereby agrees to sell to the Allotee Parking bearing No. ____ situated in the Basement and/or Stilt and/or podium or 11 Mechanical Stack Parking being constructed in the layout for the consideration of Rs._____________________________________ _______ /- (Rupees ________________________________Only). 2) (b) The total consideration of the said premises is Rs. ___________/- (Rupees______________________________________________ ________________________________ only) and the Purchaser/s agrees to pay the said consideration amount to the Promoter herein in the following manner :- i) Rs.10 % paid as advance payment or application fee at the time of execution of this agreement. ii) Rs. 35 % to be paid to the Promoters on completion of the Plinth of the Building in which the said Premises is situated. iii) Rs. 25 % to be paid to the Promoters on completion of slabs of the Building in which the said Premises is situated. iv) Rs. 05 % to be paid to the Promoters on completion of the walls and internal plaster of the said premises. v) Rs. 05 % to be paid to the Promoters on completion of the, floorings and tiling work of the said premises. vi) Rs. 05 % to be paid to the Promoters on completion of the staircases, lift wells, lobbies up to the floor level of the said premises. vii) Rs. 05 % to be paid to the Promoters on completion of the external plaster and elevation of the building in which the said premises is situated. viii) Rs. 05 % to be paid to the Promoters 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) Rs. 05 % be paid to the Promoters at the time of handing over of the possession of the said Premises to the Purchaser on or after receipt of occupancy certificate or completion certificate. 12 Note: Each of the instalments mentioned in the Sub Clause (iii) shall be further subdivided into multiple instalments linked to number of basements / podium/floors in case of multi-storeyed building, 2) (c) The Total Price above excludes G.S.T. payable of consideration value of said premises but excludes Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoters up to the date of handing over the possession of said premises. 2) (d) The Total Price is escalation-free, save and except escalations / increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoters undertakes and agrees that while raising a demand on the allottee/s / purchaser/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 / purchaser/s, which shall only be applicable on subsequent payments. 2) (e) The Promoters may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the allottee/s / purchaser/s by discounting such early payments @ 1 % per annum for the period by which the respective instalment has been pre-poned. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to allottee/s / purchaser/s by the Promoters. 2) (f) The Promoters shall confirm the final carpet area that has been allotted to the allottee/s / purchaser/s 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 Promoters. If there is any reduction in the carpet area within the defined limit then Promoters shall refund the excess money paid by allottee/s / purchaser/s 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/s / purchaser/s. If there is any increase in the carpet area allotted to allottee/s / purchaser/s, the Promoters shall demand additional amount from the allottee/s / purchaser/s 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. 13 2) (g) The allottee/s / purchaser/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 / purchaser/s undertakes not to object / demand / direct the Promoters to adjust his 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 said premises to the allottee/s / purchaser/s, obtain from the concerned local authority occupancy and/or completion certificates in respect of said premises. 2.2) Time, is essence for the Promoters as well as the allottee/s / purchaser/s. The Promoters shall abide by the time schedule for completing the project and handing over the said premises to the allottee/s / purchaser/s and the common areas to the association of the Flat / Shop / Unit Purchaser/s after receiving the occupancy certificate or the completion certificate or both, as the case may be subject to full and final payment by allottee/s / purchaser/s as agreed above. Similarly, the allottee/s / purchaser/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoters as provided in payment schedule mentioned hereinabove. 3) The Promoters hereby declares that the Floor Space Index available as on date in respect of the project land is ________ square meters only and Promoters have utilize Floor Space Index of ________ Sq. meters by availing of T.D.R. or F.S.I. available on payment of premiums or F.S.I. available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased F.S.I. which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoters have disclosed the Floor Space Index of ________ sq. meters as proposed to be utilized by them on the project land in the said Project and allottee/s / purchaser/s have agreed to purchase the said premises based on the proposed construction and sale of Flat/ Shop / Units to be carried out by the Promoters by utilizing the proposed F.S.I. and on the understanding that the declared proposed F.S.I. shall belong to Promoters only. 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 / purchaser/s, the Promoters agrees to pay to the allottee/s / purchaser/s, who does not intend to withdraw from the project, 14 interest as specified in the Rule, on all the amounts paid by the allottee/s / purchaser/s, for every month of delay, till the handing over of the possession. The allottee/s / purchaser/s agrees to pay to the Promoters, interest as specified above, on all the delayed payment which become due and payable by the allottee/s / purchaser/s to the Promoters under the terms of this Agreement from the date the said amount is payable by the allottee/s / purchaser/s to the Promoters. 4.2) Without prejudice to the right of Promoters to charge interest in terms of sub clause 4.1 above, on the allottee/s / purchaser/s committing default in payment on due date of any amount due and payable by the allottee/s / purchaser/s to the Promoters under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee/s / purchaser/s committing three defaults of payment of instalments, the Promoters shall at their own option, may terminate this Agreement: Provided that, Promoters shall give notice of fifteen days in writing to the allottee/s / purchaser/s, by Registered Post AD at the address provided by the allottee/s / purchaser/s and mail at the e-mail address provided by the allottee/s / purchaser/s, of their 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/s / purchaser/s fails to rectify the breach or breaches mentioned by the Promoters within the period of notice then at the end of such notice period, Promoters shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoters shall refund to the allottee/s / purchaser/s, after deducting 20.00 % of amount of sale consideration of said premises, paid by purchaser/s to Promoters herein as liquidated damages, within a period of thirty days of the termination, the instalments of said consideration of the Apartment which may till then have been paid by the Allottee to the Promoters. 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 Promoters in the said building and the said premises as are set out in Annexure 'E', annexed hereto. 6) The Promoters shall give possession of the said premises to the allottee/s / purchaser/s on or before __________. If the Promoters fails or neglects to give possession of the said premises to the allottee/s / purchaser/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 / purchaser/s the amounts 15 already received by him in respect of said premises with interest at the same rate as mentioned above from the date the Promoters received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoters shall be entitled to reasonable extension of time for giving delivery of Flat / Shop / Unit on the aforesaid date, if the completion of building in which the Flat / Shop / Unit 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 on full and final payment made by the allottee/s / purchaser/s as per the agreement shall offer in writing the possession of the said premises, to the allottee/s /Purchaser/s in terms of this Agreement to be taken within 3 (Three months) from the date of issue of such notice and the Promoters shall give possession of the said premises to the allottee/s / purchaser/s. The Promoters agrees and undertakes to indemnify the allottee/s / purchaser/s in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoters. The allottee/s / purchaser/s agree(s) to pay the maintenance charges as determined by the Promoters or association of various allottee/s / purchaser/s, as the case may be. The Promoters on its behalf shall offer the possession to the allottee/s / Purchaser/s in writing within 7 sdays of receiving the occupancy certificate of the Project. 7.2) The allottee/s / purchaser/s shall take possession of the Flat / Shop / Unit within 15 days of the written notice from the Promoters to the Flat Purchaser/s intimating that the said Flat / Shop / Units are ready for use and occupancy. 7.3) Failure of allottee/s / purchaser/s to take Possession of said premises: Upon receiving a written intimation from the Promoters as per clause 7.1, the allottee/s / purchaser/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 / purchaser/s. In case the allottee/s / purchaser/s fails to take possession within the time provided in clause 7.1 such allottee/s / purchaser/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 allottee/s / purchaser/s, the allottee/s / purchaser/s brings to the notice of the Promoters any structural 16 defect in the said premises or the building in which the said premises is situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoters at their own cost and in case it is not possible to rectify such defects, then the allottee/s / purchaser/s shall be entitled to receive from the Promoters, compensation for such defect in the manner as provided under the Act. 8) The allottee/s / purchaser/s shall use the said premises or any part thereof or permit the same to be used only for purpose for which it is allotted. The allottee/s / purchaser/s shall use the garage or parking space only for purpose of keeping or parking vehicle. 9) The allottee/s / purchaser/s along with other Purchaser/s (s)s of Flat / Shop / Units 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 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 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 Promoters within seven days of the same being forwarded by the Promoters to the allottee/s / purchaser/s, so as to enable the Promoters to register the common organisation of Purchaser/s of premises in said building. No objection shall be taken by the allottee/s / purchaser/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. 10.1) PERIOD AGREED BETWEEN PARTEIS FOR CONVEYANCE: The Promoters shall, (subject to his right to dispose of the remaining apartments/ unit) execute conveyance of title within three months from the date of issue of Occupancy Certificate. 10.2) Within 15 days after notice in writing is given by the Promoters to the allottee/s / purchaser/s that the said premises is ready for use and occupancy, the allottee/s / purchaser/s shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of said 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 Society or Limited Company is formed 17 and the said structure of the building/s or wings is transferred to it, the allottee/s / purchaser/s shall pay to the Promoters such proportionate share of outgoings as may be determined. The allottee/s / purchaser/s further agrees that till the allottee/s / purchaser/s share is so determined the allottee/s / purchaser/s shall pay to the Promoters provisional monthly contribution towards the outgoings. The amounts so paid by the allottee/s / purchaser/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 society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoters to the Society or the Limited Company, as the case may be. 11) The allottee/s / purchaser/s shall deposit with the Promoters on or before delivery of possession of the said premises or on demand the following amount:- i) requisite amounts to the Promoters on demand and/or prior to taking the possession of the said flat 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 service tax, goods and services tax, value added 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 at the rate of _________ per Sq. ft. for Carpet Area) as well as requisite lift charges and proportionate expenses thereto and also the service tax and value added tax as imposed by the Government or Semi Government authorities. iv) the grill charges, electric meter and deposit charges as well as proportionate share for transformer installation and its equipment’s and accessories thereto. 12) At the time of registration of conveyance of the building or wing of the building, the allottee/s / purchaser/s shall pay to the Promoters, as the case may be, the allottee/s / purchaser/s 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 18 /wing of the building. At the time of registration of conveyance or Lease of the project land, the allottee/s / purchaser/s shall pay to the Promoters, as the case may be, the allottee/s / purchaser/s 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 PROMOTERS The Promoters hereby represents and warrants to the allottee/s / purchaser/s as follows: i. The Original landlord, Promoters have 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 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; 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 have not committed or omitted to perform any act or thing, whereby the right, title and interest of the allottee/s / purchaser/s created herein, may prejudicially be affected; 19 vii. The Promoters 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 premises which will, in any manner, affect the rights of allottee/s / purchaser/s under this Agreement; viii. The Promoters confirms that they are not restricted in any manner whatsoever from selling the said premises to the Flat Purchaser/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 various Purchaser/s the Promoters shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Flat Purchaser/s; x. The Promoters have 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 Promoters in respect of the project land and/or the Project except those disclosed in the title report. 14) The allottee/s / purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the said premises may come, hereby covenants with the Promoters as follows :- i. To maintain the said premises at the allottee/s / purchaser/s own cost in good and tenantable repair and condition from the date that of possession of the said premises is taken and shall not do or suffer to be done anything in or to the building in which the said 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 said premises is situated and the said 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 said premises is situated or storing of which goods is 20 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 said premises on account of negligence or default of the Flat Purchaser/s in this behalf, the Flat Purchaser/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 said premises in the same condition, state and order in which it was delivered by the Promoters to the allottee/s / purchaser/s and shall not do or suffer to be done anything in or to the building in which the said premises is situated or the said 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 / purchaser/s committing any act in contravention of the above provision, the Flat Purchaser/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 said 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 said premises or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the said premises is situated and shall keep the portion, sewers, drains and pipes in the said 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 said 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 said premises without the prior written permission of the Promoters 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 said 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 said premises is situated. 21 vii. Pay to the Promoters, as the case may be within fifteen days of demand, 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 allottee/s / purchaser/s is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the allottee/s / purchaser/s by the allottee/s / purchaser/s for any purposes other than for purpose for which it is sold. ix. The allottee/s / purchaser/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the said premises until all the dues payable by the allottee/s / purchaser/s to the Promoters under this Agreement are fully paid up. x. The allottee/s / purchaser/s 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 said 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 / purchaser/s 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 said 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 said premises is situated is executed in favour of Society/Limited Society, the allottee/s / purchaser/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. Till a conveyance of the project land on which the building in which said premises is situated is executed in favour of Apex Body or Federation, the allottee/s / purchaser/s shall permit the Builder and their surveyors and agents, with or without 22 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 Promoters shall maintain a separate account in respect of sums received by the Promoters from the allottee/s / purchaser/s as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16) Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said premises or of the said Property and Building or any part thereof. The allottee/s / purchaser/s shall have no claim save and except in respect of the said 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 Society / Limited Company or other body and until the project land is transferred to the Apex Body / Federation as hereinbefore mentioned. 17) PROMOTERS SHALL NOT MORTGAGE OR CREATE A CHARGE After execution this Agreement Promoters shall not mortgage or create a charge on the said premises and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the present allottee/s / purchaser/s, who has taken or agreed to take said premises. 18) BINDING EFFECT Forwarding this Agreement to the allottee/s / purchaser/s by the Promoters does not create a binding obligation on the part of the /Promoters or the allottee/s / purchaser/s until, firstly, the allottee/s / purchaser/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 / purchaser/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 / purchaser/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 / purchaser/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 / purchaser/s for rectifying the default, which if not rectified within 15 23 (fifteen) days from the date of its receipt by the allottee/s / purchaser/s, application of the allottee/s / purchaser/s shall be treated as cancelled and all sums deposited by the allottee/s / purchaser/s in connection therewith including the booking amount shall be returned to the allottee/s / purchaser/s without any interest or compensation whatsoever. 19) ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said premises, as the case may be. 20) RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21) PROVISIONS OF THIS AGREEMENT APPLICABLE TO allottee/s / purchaser/s, subsequent allottee/s / purchaser/s 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/s / purchaser/s of the said premises, in case of a transfer, as the said obligations go along with the said premises 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 WHEREVER REFERRED TO IN THE AGREEMENT: Wherever in this Agreement it is stipulated that the allottee/s / purchaser/s has/have to make any payment, in common with other 24 Purchaser/s(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 premises in the Project. 24) FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 25) PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoters through its authorized signatory at the Promoters Office, or at some other place, which may be mutually agreed between the Promoters and the allottee/s / purchaser/s, and after the Agreement is duly executed by the allottee/s / purchaser/s and the Promoters or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. 26) The allottee/s / purchaser/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. 27) That all notices to be served on the allottee/s / purchaser/s and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the allottee/s / purchaser/s or the Promoters by Registered Post A.D and notified Email ID at their respective addresses as specified hereinabove. in names of parties as mentioned below: ALLOTTEE/S / PURCHASERS NAME : ______________________ _______________________________ Address: _______________________ ______________________________ Notified email ___________________ 25 PROMOTERS M/s. SAGAR ENTERPRISES, a registered Partnership Firm, Having its Office at 01, Apna Ghar Society, Near Saint Thomas Church, Karnik Road, Kalyan (W) – 421301, Taluka Kalyan, District Thane Notified email : ___________________________ It shall be the duty of the allottee/s / purchaser/s and the Promoters 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 Promoters or the allottee/s / purchaser/s, as the case may be. 28) JOINT FLAT PURCHASER/SS That in case there are Joint Flat Purchaser/ss all communications shall be sent by the Promoters to the allottee/s / purchaser/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 Flat Purchaser/s. 29) Stamp Duty and Registration:- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee/s / purchaser/s and he/they will deposit the same with Promoters as and when demanded. 30) Dispute Resolution:- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Maharashtra Real Estate Regulatory Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31) GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Kalyan courts will have the jurisdiction for this Agreement. 26 FIRST SCHEDULE OF THE ABOVE REFERRED PROPERTY (said entire property) ALL all that piece and parcel of Non-Agricultural land lying being at situated at Village Kolivali, Taluka Kalyan, District Thane bearing: Survey Hissa Total Area Assessment No. No. (In Sq. Meters) (In Rupees. Paise) 4 1/A/3 8010.00 19.96 within the limits of the Kalyan Dombivli Municipal Corporation and within the Jurisdiction of Registration District Thane, Sub-Registration District Kalyan, and is bounded as follows: ON OR TOWARDS EAST : ON OR TOWARDS WEST : ON OR TOWARDS NORTH : ON OR TOWARDS SOUTH : Together with all easementary rights etc. SECOND SCHEDULE OF THE ABOVE REFERRED PROPERTY (said property) ALL that area of land admeasuring 900 sq. meters recognised as Plot B in the sanctioned plan forming the part of all that piece and parcel of Non- Agricultural land lying being at situated at Village Kolivali, Taluka Kalyan, District Thane bearing: Survey Hissa Total Area Assessment No. No. (In Sq. Meters) (In Rupees. Paise) 4 1/A/3 8010.00 19.96 within the limits of the Kalyan Dombivli Municipal Corporation and within the Jurisdiction of Registration District Thane, Sub-Registration District Kalyan, and is bounded as follows: ON OR TOWARDS EAST : ON OR TOWARDS WEST : ON OR TOWARDS NORTH : ON OR TOWARDS SOUTH : Together with all easementary rights etc. 27 IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Kalyan in the presence of attesting witness, signing as such on the day first above written. SIGNED & DELIVERED by the within named “PROMOTERS” M/s. SAGAR ENTERPRISES, a registered Partnership Firm, through its Partner, Shri _________________________ ___________ SIGNED & DELIVERED by the within named ALLOTTEE/S / PURCHASER/S _____________________________ ___________ _____________________________ ___________ WITNESS: 1. _________________________________ _________________________________ 2. _________________________________ _________________________________ 28 RECEIPT Received a sum of Rs. ____________ /- (Rupees ______________________ ________________________ Only) prior to execution of this agreement in the following manner : Date Cheque No. Amount Bank from the purchaser herein as and by way of advance / part consideration. We say received M/s. SAGAR ENTERPRISES, a registered Partnership Firm, through its Partner, Shri _________________________ ___________ 29 ANNEXURE A LIST OF AMENITIES