address._ _ _ _ _ _ __ Dear Sir / Ma'am/s, Re.: Allotment Letter Flat No. on _ ____ floor in our project Kalpak We wish to inform you that as per your request we have allotted you Flat No. _~-,-_ on floor having carpet area of sq.ft./built-up in our project called "KALPAK" to being under construction at Plot No. 465 bearing C.T.S. No. E/168 of Village Bandra at 15th Road, Khar (West), Mumbai - 400052. Total value of the said flat no. along with parking in our project Kalpak is INR (Indian Rupees -,-_ _ _ _ _.,--___ only) excluding the taxes, stamp-duty, reg istration charges and other charges as may be applicable and to be referred in agreement. Please note that any delayed payments shall be charged @21% per annum till we receive payments/installments from you We confirm that we have received an amount of INR -c-------- (Indian Rupees only) by various installments. Immediately after the execution of regular Agreement for Sale between the parties herewith, inclusive of the amount herein, this allotment letter shall have no effect and it will be treated as null and void subsequently. Thanking you . Yours faithfully, for PRECONS DEVELOPMENT PVT. LTD. Director We confirm, For PIlECONS DEVELOPMENT PVT. LTD. ~~~'\'~' ::::=:- Director/Authorised Signator~ RECEIP T: RECEIVED of and from the Purchaserls abovenamed , a sum of Rs. _ _ _ _ _ _ (Rupees _ _ _ _ _ _ _ _ _ _ only) being the part consideration value as per Clause 3 of these presents, by RTGS/Cheque/payorderlDD No. dated of Bank i for PRECONS OE.IJElOPMENT PVT. l10. DEVELOPERS ~U;----­ III ir.e.ct 0r/1I.1I\ no ri sed -Sigl1tW5b'/ Signature of Developer Signature of Purchaserls Page 24 of 26 ,"f .- jl I, ,I t, ! AGREEMENT FOR SALE ARTICLES OF AGREEMENT made at Mumbai this _ _ day of _ _ _ _ 201 BETWEEN PRE CONS DEVELOPMENT PRIVATE LIMITED, a company registered under the Companies Act, 1956 and having its registered address at Shop No.4, Almar Apartment, Fr. -Justine D'Souza Road , Orlem, Malad (West), Mumbai - 400 064 and having its administrative office at 1201 Links, Corner of 14" Road & Khar Pali Road, Khar (West), Mumbai - 400 052 , hereinafter referred to as the "DEVELOPER" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors, administrators and assigns) of the One Part for PRECONS DEVElOPMENT PVT. LTD. ~K~,,~\ ,-­ Director/AuthOrised Signatory. Signature of Developer Signature of Purchaser!s Page 1 of 26 AND Indian Inhabitant, having address at _ , hereinafter called the "PU RCHASER" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his/her/their heirs, executors, administrators and permitted assigns) of the Other Part: WHEREAS Khar Kalpak Co-operative Housing Society Limited, a Society duly registereq under the provisions of the Maharashtra Co- operative Societies Act, 1960 vide Registration No. BOM/HSG/5225 of 1977 and having its Registered Office at 'Kalpak' , Plot No. 465, 15- Road, Khar (West), Mumbai - 400 052 is the owner of the building known as 'Kalpak' comprising of stilt and 3 upper floors with 12 flats standing on land bearing Plot No. 465 of S.S. VII Khar and C.T.S. No. E/168, admeasuring 749 sq. yards equivalent to 626.3 sq. metres lying, being and situate at 15" Road , Khar (West), Mumbai - 400 052 in the Revenue Village : Bandra, Taluka : Andheri, District Mumbai Suburban and more particularly described in the First Schedule hereunder written and hereinafter referred to as 'the said Property'; AND WHEREAS the said building Kalpak being more than 37 years old was in a dilapidated condition and hence the Society in its Special General Body Meeting held on 12- December, 2012 resolved to redevelop the said property by demolishing the old building and constructing a new building thereon as per the Development Rules and building Bye-laws governing such redevelopment of the said property and subject to all permissions and No Objections and approvals required for the redevelopment of the said property including the sanction of building plans by the Municipal Corporation of Greater Murnbai and other Statutory Authorities in that behalf; AND WHEREAS by a Development Agreement dated 23" December 2014 registered with the Sub-Registrar of Assurances at Mumbai Suburban District under Serial No. BDR4-8654-2014 on 23/12/2014 For PRECONS DEVElOPMENT PVllTD.· 6S,,;:~,,--- - ~=-~­ Director/Authorised$igmIt0f91Developer Sign ature 01 Purchaser/s Page 2 0126 (the "said Development Agreement"), the said Khar Kalpak Co- operative Housing Society Limited with the consent of the members agreed to allow PRECONS DEVELOPMENT PRIVATE LIM ITED, a company registered under the Companies Act, 1956 and having its registered address at Shop No.4, Almar Apartment, Fr. Justine D'Souza Road, Orlem, Malad (West), Mumbai - 400 064 and having its administrative office at 1201 Links, Corner of 14" Road & Khar Pali Road, Khar (West), Mumbai - 400 052 (hereinafter called 'the said Pre cons') to redevelop the said property by demolishing the existing building "Kalpak" and constructing a new building thereon in its place as per the plans to be sanctioned by the Municipal Corporation of Greater Mumbai (MCGM) for the consideration and on the terms and conditions contained in the said Development Agreement; AND WHEREAS . in pursuance of the said Development Agreement and the resolution of the General Body Meeting dated 12/12/2012, the said Society also executed an Irrevocable General Power of Attorney dated 23'" December 2014 duly registered before the SUb-Registrar of Assurances at Mumbai Suburban District under Serial No. BDR4-8655- 2014 on 23/12/2014 in favour of the Developer giving the necessary powers required for the redevelopment of the said property; AND WHEREAS as per the terms and conditions contained in the said Development Agreement the Developer became entitled to demolish the said entire building "Kalpak" and put up a new construction thereon and after providing for the members of the Society flats and car parking spaces in the new building as per the plans to be sanctioned by the MCGM the said Developer are entitled to sell andlor dispose of the remaining flats in the new building and the -car parking spaces to prospective purchasers on what is known as "ownership basis" and the said prospective purchasers would be entitled to be admitted to the membership by the Society; AND WHEREAS pursuant to the said Development Agreement and upon the application of the Developers, the building plans for construction of the proposed building on the said property have been For PRECONS DEVElOPMENT PVT. LTD. . ~'1-- ~ - - ( Director/Authorised Signatory Signature of Developer Signature of Purchaser!s Page 3 of 26 duly sanctioned by the MCGM vide I.O.D. No. CHEIWS/1116/H/337 (NEW) Date 10-12-2014; AND WHEREAS the Developers have entered into a standard agreement with an Architect C.S. Associates registered with the Council of Architects and such arrangement is as per the agreement prescribed by the Council of Architects AN D WHEREAS the Developers have appointed a Structural Engineer Mr. Dwijen Bhaat for the preparation of the structu ral design and drawings of the building and the Developers accept the professional supervision of the Architects and the Structural Engineer till the completion of the building; AND WHEREAS the Developers have entered into individual ownership flat agreements with members of the said Society allotting to each of the said members their respective flats/car parking space in the new building to be constructed on the said property; AND WHEREAS under the circumstances mentioned above, the Developers alone have the sole and exclusive right to develop the said property and to sell the remaining flats and car parking spaces in the said new building being constructed on the said property by the Developers (save and except the flats and car parking spaces in the new building to be provided to the members of the said Society) and to enter into agreement/s with the purchaser/s of the flats and car parking spaces and to receive the sale price in respect thereof; AND WHEREAS the Developers have got approved from the concerned local authority the plans, specifications, elevations, section and details 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 Developers while developing the said land and the said building and upon due observance and performance of which only the f ur PRECONS DEVElIJPMENT PVT. LTD. ~~tL- Director/ Authorised Signatory Signature of Developer Signature of Purchaser/s Page 4 of 26 I, completion and occupation certificates in respect of the said building shall be granted by the concerned local authority; AND WHEREAS the Developers have accordingly commenced construction of the said building in accordance with the said plans after demolishing the existing building ; AND WHEREAS the Purchaser/s being fully satisfied in respect of the title of the Developer of the said property, has/have approached the Developer to allot to the Purchaser/s Flat No. admeasuring _ _ _ sq .ft. (carpet) equivalent to sq.rnetres on the floor and Parking Space (hereinafter called 'the said premises') in the said building "KALPAK" being constructed by the Developers on the said property at the price and on the terms and conditions hereinafter appearing; AND WHEREAS the Developers have also annexed to this agreement the copies of the following documents as required by the provisions of the said Act and the Rules viz.: a) Certificate of Title issued by Advocates & Solicitors P. Vas & Co. dated 17'" January 2015, who has investigated the title in respect of the said property and has certified the title of the said property to be clear and marketable - EXHIBIT "A"; b) Copy of the Property Card of the said property - EXHIBIT "B"; c) Copy of 1.0.0 . bearing NO.CHEIWS/1116/H/337 (NEW) dated 10t" December 2014 - EXHIBIT "e"; d) Copy of Commencement Certificate of even No. CHE/WS/1116/H/337 (NEW) dated 13 " August 2015 - EXHIBIT t "0" ; e) Copy of the plan of the flat agreed to be allotted to the Purchaser/s, duly approved by the MCGM - EXHIB IT "E"; AND WHEREAS the Purchaser/s demanded from the Developers and the Developers have given inspection to the purchaser/s of all the documents of title relating to the said property including the documents mentioned in the recitals hereinabove and also the plans, designs and specifications prepared by the Developers' Architect, the title revenue Signature of Developer Signature of Purchaser!s Page 5 of 26 =~-- record and all other documents as specified under the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management & Transfer) Act, 1963 (hereinafter referred to as "MOFA") and the rules made thereunder as amended upto date and the Purchaser/s are fully satisfied with the title of the Developer in respect of the said property and the Developer's right to allot various flats in the building to be constructed on the aid property and has/have agreed not to raise any requisition on or objections to the same; AND WHEREAS under Section 4 of the said Act, the Developers are required to execute a written Agreement for Sale in respect of the said flat agreed to be sold to the Purchaser/s and the parties are therefore executing these presents and also to register the this agreement under the Indian Registration Act 1908; AND WHEREAS relying upon the said applications, declarations and agreement herein contained, the Developers have agreed to allot to the Purchaser/s the said Flat, at the price and on the terms and conditions hereinafter appearing; NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER: 1. The recitals set out above and the Schedules and Annexure herein form an integral and operative part of this agreement as if the same are incorporated and/or set out herein verbatim. 2. The Developers are constructing the building known as "KALPAK" on the said property more particularly described in the First Schedule hereunder written, in accordance with the plans and specifications have been already sanctioned by the MCGM and the said plans and specifications have been kept by them at their office at 1201, LINKS, Corner of 14'" Road & Khar Pali Road, Khar (West), Mumbai 400 052 and also at building site which have already been approved by the Purchaser/s and the Purchaser/s has/have also agreed that the Developers may make such variations and modifications as the Developers may Signature of Developer Signature of Purchaserls Page 6 of 26 require to do by the Government, MCGM or any other local body or authority and the Purchaserl s shall not be entitled to raise any objection on account of such va riation or amendment provided that the Developers shall obtain prior consent in writing from the Purchaserls in respect of such variations or modifications which may adversely affect the said premises agreed to be purchased by the Purchaserls. The Developers are proposing to put up a building comprising of stilt + 16 upper floors . 3. The Purchaserl s hereby agree/s to purchase from the Developers Flat No. on the floor, admeasuring sq.ft. (carpet area) equivalent to ____ sq .metres and _ _ Car Parking in the building known as "KALPAK" and shown in red coloured boundary lines on the plan annexed hereto and marked EXH IBIT "E", for a total consideration of Rs. (Rupees _ _ _ _ _ _ _ only) which includes 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 hereunder written. The Flat Purchaser hereby agrees to pay to the Developers the lump sum Purchase price of Rs. (Rupees only) as under:- a) Rs. _ _ __ being 15% of the consideration amount earnest money. b) Rs . _ _ __ being 25% of the consideration amount on or before commencement plinth slab. c) Rs . _ _ _ __ being 20% of the consideration amount on or before commencement of 6~ floor slab Si gnature 01 Developer Signature of Purchaserls Page 7 0126 ,I -' d) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 7~ floor slab e) Rs. _ _ _ __ being 4% of the consideration amount on or before comme ncement of 8~ floor slab f) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 9~ floor slab g) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 10· floor slab h) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 11 '" floor slab i) Rs. _ _ _----,_ being 4% of the consideration amount on or before commencement of 12'" floor slab j) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 14~ floor slab k) Rs. _ _ _ __ being 4% of the consideration amount on or before commencement of 15· floor slab I) Rs. _ _ __ being 4% of the consideration amount on or before commencement of 16· floor slab Signature of Developer Signature of Purchaserls Page 8 of 26 m)Rs. _ _ _ __ being balance the consideration amount on or before handover of keys of the flat for interior purpose 4. Pursuant to legislative amendments and rulings, the provisions of the Maharashtra Value Added Tax Act, 2002 are attracted to newly constructed / under construction premises. Accordingly, each Purchaser shall be liable to bear and pay Value Added Tax and Service Tax in addition to the Total consideration of the premises and all other charges in terms of the Sale Agreement.Unless otherwise specified herein, the consideration/price mentioned hereinabove exclude any current taxes and future taxes that may be imposed (including the Goods and Services Tax ("GST")), under the relevant legislation. Upon the effective date of implementation of any such taxes in the future and wherever applicable, we will be entitled to recover such taxes from you. 5. The Developers hereby agree to observe, perform and comply with all the terms and 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 causing to hand over the possession of the premises to the Purchaser/s, obtain from the concerned local authority occupation and/or completion/completions certificates in respect of the premises. 6. The Purchaser/s has/have taken inspection of all the documents mentioned hereinabove and has/have also perused the certificate of title issued by Mr. Pius Vas, Advocate, High Court, EXHIBIT "A" and has/have accepted the title of the said owners to the said property as clear and marketable. The Purchaser/s shall not be entitled to raise any objection whatsoever with regard to the title of the said property. Signature of Developer Signature of Purchaserls Page 9 of 26 7. The Purchaserls agree/s to pay to the Developers interest at 9% per annum on all the amounts which become due and payable by the Purchaserls to the Developers under the terms of this agreement from the date of the said amount is payable by the Purchaserls to the Developers. 8. On the Purchaserls committing defaultls in payment on due date of any amount due and payable by the Purchaserl s to the Developers under this AGREEMENT (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaserls committing breach of any of the terms and conditions herein contained , the Developers shall be entitled at thei r own option to terminate this agreement. PROVIDED always that the power of termination hereinbefore contained shall not be executed/exercised by the Developers unless and until the Developers shall have given to the Purchaserls fifteen days prior notice in writing of his/her/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 and default shall have been made by the Purchaserls in remedying such breach or breaches within a reasonable time after the giving of such notice. PROVIDED further that upon termination of this agreement as aforesaid the Developers shall refund to the Purchaserls the installments' of sale price of the premises which may till then have been paid by the Purchaserls to the Developers but the Developers shan not be liable to pay to the Purchaserls any interest on the amount so refunded and upon termination of this agreement and refund of aforesaid amount by the Developers, the Developers shall be at liberty to dispose of and sell the premises to such person or and at such price as the Developers may in their absolute discretion think fit. 9. The Developers shall allow the Purchaserls as alsothe workers and carpenters of the Purchaserls to enter the flat and to carry Signature of Developer Signature of Purcha serl s Page 10 of 26 -------------------===~~~~--------~~~ out alterations, renovations and modifications in the interior of the flat including making of furniture, fixtures and fittings in the said flat as per the needs and requirements of the Purchaserls on or before . However, the Developers shall give possession of the premises to the Purchaserls on receipt of the occupation certificate. If the developers fail or neglect to give possession of the said premises to the Purchaserls on account of reasons beyond their control and of their agents as per the provisions of Section 8 of MAHARASHTRA OWN ERSHIP FLATS ACT, 1963 by the aforesaid date or the date or dates prescribed in the said Section of the said Act, then the Developers shall be liable on demand to refund to the Purchaserls the amounts already received by then in respect of the premises with simple interest at 9% per annum from the date the Developers received the sum till date the amounts and interests thereon is repaid, provided that by mutual consent it is agreed whether the dispute stipulated in Section 8 have been satisfied or not will be referred to the Competent Authority who will act as an Arbitrator. Till the entire amount and interest thereon is refunded by the Developers to the Purchaserls there shall , subject to prior encumbrances, if any, be a charge on the said land as well as the construction of the building in which the premises are situated or were to be situated. Notwithstanding what is said hereinabove and without prejudice to the Purchasers right and remedies available to the Purchaser, the Purchaser is entitle to seek specific performance of this Agreement. PROVIDED that the Developers shall be_ entitled to reasonable extension of time for giving delivery of premises on the aforesaid date, if the completion of building in which the said premises is to be situated is delayed on account of:- 9.1. non availability of steel, cement, other building materials, water or electric supply; 9.2. war, civil commotion, accident or Act of God; 9.3. any notice, order, rule, notification of the Govt. and/or other public competent authority. Signature of Developer Signature of Purchaser!s Page 11 of 26 10. The Purchaser!s shall take possession of the said premises within 15 (fifteen) days of the Developers giving written notice to Purchaser!s intimating that the said premises are ready for use and occupation; PROVIDED that if within a period of 3 years from the date of handing over the premises to the Purchaser!s, the Purchaser!s brings to the notice of the Developers any defect in the said premises or the building in which the said premises are situated or the material used therein or any unauthorized change in the construction of the said building then wherever possible such defects or unauthorized changes shall be rectified by the Developers at their own cost and in case it is not possible to rectify such defects or unauthorized changes, then the Purchaser!s shall be entitled to receive from the Developers reasonable compensation for such defect or change. However if the defect in the said premises or the building is due to any changes or work done by any of the purchaser or occupier in the building, the Developer shall not be responsible for the same. 11. Commencing a week after notice in writing is given by the Developers to the Purchaser!s that the said premises are ready for use and occupation, the Purchaser!s shall be liable to bear and pay the proportionate share (i.e. in proportion to the fioor area of the said premises) of outgoings in respect of the said 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 collector, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the said land and building!s. Until the Purchaser!s is!are admitted to the membership of the said Khar Kalpak Society, the Purchaser!s shall pay to the Developers such proportionate share of outgoings as may be determined by the Developers. The Purchaser!s further agree!s that till the Purchaser!s share is so determined the Purchaser!s shall pay to the Developers provisional monthly contribution of RS.20,OOO!- Signature of Developer Signature of Purchaserls Page 12 of 26 (Rupees Twenty Thousand only) per month towards the outgoings & Rs.20,000/- (Rupees Twenty Thousand only) per month towards the taxes or as per the rate prevailing that time, whichever is higher. The amounts so paid by the Purchaser/s to the Developers shall not carry any interest and subject to the provisions of Section 6 of the said Act, the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Developers to the said Society. The Purchaser/s undertake/s to pay such provisional monthly outgoings regularly as and when demanded in advance and shall not withhold the same for any reason whatsoever. 12. The Purchaser/s shall on or before the delivery of possession of the said premises keep deposited with the Developers the following amounts: 12.1 . Rs.4,80,000/- being the advance on account payment towards other outgoings (excluding taxes) for a period of two years; 12.2. Rs.4,80,000/- being the advance on account payment towards assessment taxes for the period of two years, however any increase in taxes by government/M.C.G.M. of the concern authority will be payable by you as and when demanded; 12.3. RS.50,000/- towards legal charges; 12.4. RS.500/- for shares money of the said Society; 12.5. RS.100/- per name/person, application entrance fee of the said society. 12.6. RS.1,00,000/- towards (non-transferable) deposits for electric meter/water meter payable/paid to Reliance Infrastructure Ltd.lMCGM ; 12.7. RS.1 ,02 ,150/- towards M.C.G.M. Development. Any increase in development charges during Occupation Certificate and / or Building Completion C<;lrtificate will be borne and paid by the Flat Purchaser alone. 12.8. Rs.25,000/- towards out of pocket expenses; Signature of Developer Signature of Purchaserls Page 13 of 26 13. The Purchaser/s or himself/herself/themselves with intention to bring all persons into whomsoever hands the said premises may come, doth hereby covenant with the Developers as follows:- 13.1. To maintain the said premises at the Pu rchaser/s cost in good tenantable repair and condition from the date 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, staircase or any passages which may be against the ru les, regulations or bye-laws of concerned local or any other authority 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. 13.2. Not to store in the said premises any goods which are of hazardous, combustible or dangerous nature or so heavy as to damage the construction of structure of the building in which the said premises is situate or storing of which goods is objected to by the ccncerned local authority or other authority and shall carry or cause to be carried heavy packages on the upper floors which may damage or likely to damage the structure or 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 premises on account of negligence or default of the Purchaser/s, he/she/they shall be liable for the consequence of the breach. 13.3. To carry out at his/her 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 Developers to the Purchaser/s and shall not do so or suffer to be done anything in or to the building in which the said premises is situated or the premises which may be given under the rules, regulations and byelaws of the concerned local authority. And in the event of the Purchaser/s committing any act in contravention of the Signature of Developer Signature of Purchaserls Page 14 of 26 above provision the Purchaser/s shall be solely responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. 13.4. 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 of the said premises thereof nor any alterations in the elevations and outside colour scheme of the building in which the said premises is situated and shall keep the portion, sewers, drains, pipes in the premises and appurtenants thereto in tenantable repair and condition and in particular so as to support, shelter and protect the other part of the building in which the said premises is situated and shall not chisel or in any other manner damage the columns, beams, walls, slabs or R.C.C. pardis or other structural members in the said premises without the prior written permission of the Developers and from the said Society. 13.5. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the said 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. 13.6. 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 said land and the building in which the said premises is situated. 13.7. Pay to the Developers within 15 days of demand by the Purchaser/s his/her/their shares of the security deposit demanded by the concerned local authority or Government for giving water, electricity or any other services connection to the building in which the said premises is situated. 13.8. To bear and pay increases in the local taxes, water charges, insurance and such other levy, if any, which are imposed by the concerned local authority and/or Signature of Developer Signature of Purchaserls Page 15 of 26 Government and/or other public authority on account of change of userls of the said premises by the Purchaser/s viz. user for any purpose other than for residential purposes. 13.9. The Purchaserls shall not let, sublet, transfer, assign or part with Purchaser/s interest or benefit factor of this agreement or part with the possession of the sa id premises until all the dues payable by the Purchaser/s to the Developers under this agreement are fully paid up and only if the Purchaserls had not been guilty of breach of or non-observance of any of the terms and conditions of this agreement and until the Purchaser/s has/have intimated in writing to the Developers. 13.10. The Purchaser/s shall observe and perform all the rules and regulations which the said Society, may adopt at its inception and additions, alterations or alterations or amendments thereof that may be made from the time for protection and maintenance of the said building and the flats and other premises therein and for the observance and performance of the building rules, regulations and bye-laws for the time being the concerned local authority and/or the Government and/or other public bodies. The Purchaserls shall also observe and perform all the stipulations and conditions laid down by the said Society regarding the occupation and use of the said premises in the building and punctually towards the taxes, expenses or other outgoings in accordance with the terms of this agreement. 14. The Developers shall maintain a separate account in respect of sums received by the Developers from the Purchaserls as advance or deposit, sums received on account of share capital for the promotion of the said Society towa rds the outgoings, legal charges and shall utilize the amounts only for the purpose for which they have been received. Signature of Developer Signature of Purchaser/s Page 16 of 26 15. 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 Purchaser/s shall have no claim save and except in respect of the said premises hereby agreed to be sold to him/herlthem and all open spaces including frontage of parking spaces, lobbies, staircases, part of the terraces, recreation spaces, etc. as per the plan enclosed will remain the property of the said Society. 16. Any delay tolerated or indulgence shown by the Developers in enforcing the terms of this agreement or any forbearance or giving of time to the Purchaser/s by the Developers shall not be construed as a waiver on the part of the Developers of any breach or non-compliance of any of the terms and conditions of this agreement by the Purchaser/s nor shall the same in any manner prejudice the rights of the Developers. 17. IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE parties hereto that the terrace space in front of or adjacent to the terrace flats in the said build ing, if any, shall belong exclusively to the Purchaser/s of the terrace fiat and such terrace space are intended for the exclusive use of the respective terrace purchaser/so The said terrace shall not be enclosed by the Purchaser/s till the permission in writing is obtained from the concerned local authority and the Developers or the said Society as the case may be. 18. Upon possession of the said premises being delivered to the Purchaser/s, the Purchaser/s shall be entitled to use and occupy the said premises. The Purchaser/s shall use the said premises for residential/residence or for such purpose for which it is agreed to be purchased under this agreement. The Purchaser/s shall use their own allotted garage or parking space only for the purpose of keeping or parking the Purchaser/s own vehicle/s. Signature of Developer Signature of Purchaserls Page 17 of 26 -=~ =---- 19. The Developers shall in respect of any amount payable by the Purchaser/s under the terms and conditions of this agreement have first lien and charge on the said premises agreed to be acquired by the Purchaser/so 20. The Purchaser/s hereby agree/s and undertakes to be a member/s of the said Society and also from time to time sign and execute applications, other papers and documents as may be necessary. No Objection shall be taken by the Purchase r/s if change or modification/s are made in the draft bye-laws as may be required by the Registrar of Cooperative Societies or other competent authority as the case may be . The Purchaser/s shall be bound from time to time to sign all papers and documents and to do all other things as the Developers may require him/her/them to do from time to time for safeguarding the interest of the Developers and of other purchaser/s of the different premises in the said building. Failure to comply with the provisions of this clause will render this agreement ipso facto to come to an end and the earnest money deposited and other monies paid by the Purchaser/s shall stand forfeited by the Developers. 21. After the possession of the said premises is handed over to the Purchaser/s, if any additions or alterations in or about or relating to the said building are thereafter required to be carried out by the Government Municipality or any statutory authority the same shall be carried out by the Purchaser/s in cooperation with purchasers of the other premises in the said building at their own cost and the Developers shall hot be in any manner liable or responsible for the same. 22. The Purchaser/s shall at no time demand partition of his/her/their interest in the said building it being agreed and declared by the Developers that this interest in the said building is impartible and it is agreed that the Developers shall not be liable to execute any document in respect of the said premises in favour of the Purchaser/so Signature 01 Developer Signature of Purchaser/s Page 180126 23. The Developers shall after the construction of the said building is completed in all respects and after the occupation certificate is granted by the concerned authority get the Purchaser/s admitted as member/s of the said Khar Kalpak Society. The said Khar Kalpak Society shall then be entitled to look after and/or manage the affairs of the said building. 24. All letters, receipts or notices issued by the Developers dispatched under the certificate of posting to the last address known to them of the Purchaser/s will be sufficient proof of receipt of the same by the Purchaser/s and shall completely and effectively discharge the Developers. For this purpose the Purchaser/s has/have given the following complete address: 25. All costs, charges and expenses in connection with the preparing, engrossing, stamping and registering all the agreements or any other documentls or documents required to be executed by the Developers or Purchaser/s as well as the entire professional costls of the Advocate of the Developers in preparing and approving such documents shall be borne and paid by the purchasers or holders of premises in the said building including the Purchaser/s herein and the proportionate share of the Purchaser/s shall be such amount as may be fixed by the Developers whose decision/s in this respect will be final and binding on the Purchaser/so The Developers shall not be liable to contribute anything towards such costls, charge/s and expenses of the Purchaser/s which shall be paid by him/her/them to the Developers immediately on demand. 26. This agreement shall always be subject to the provisions contained in the Maharashtra Ownership Flats Act, 1963 as amended upto date or any other provisions of law applicable thereto. Signature of Developer Signature of Purchaserls Page 19 of 26 27. All costs, charges and expenses including sta mp duty and registration charges of this agreement shall be borne and paid by the Purchaser/so The Purchaser/s is/are fu lly aware of the provisions of the Bombay Stamp Act, as amended upto date. If any stamp duty over and above stamp duty already paid on this agreement is required to be paid or is claimed by the Superintendent of Stamps, Mumbai or concerned authority, the same shall be borne and paid by the Purchaser/s alone including the penalty, if any. The Developers shall not be liable and/or responsible towards the said stamp duty. The Purchaser/s shall indemnify the Developers against any claim from the Stamp Authorities or other concerned authorities in respect of the said stamp duty to the extent of the loss or damage that may be suffered by the Developers. The Purchaser/s shall also full y reimburse the expenses that may be required to be incurred by the Developers in consequence upon any legal proceedings that may be instituted by the authorities concerned against the Developers for non-payment and/or under-payment of stamp duty by the Purchaser/so 28. The parties hereto shall attend the office of the Sub-Registrar of Assurances for registration of the said document within the prescribed time limit and admit execution thereof. 29. The PAN Nos. of the parties hereto are as under: DEVELOPERS Pre cons Development Private Limited AACCP1506D PURCHASERIS Signature of Developer Signature of Purchaserls Page 20 of 26 IN WITNESS WHEREOF the parties herein have hereunto set and subscribed their respective hands at Mumbai on the day and year hereinabove written. THE FIRST SCHEDULE ABOVE REFERRED TO : All that piece or parcel of land or ground bearing Plot No.465 of S.S. VII Khar and C.T.S. No. E/168, admeasuring 749 sq. yards equivalent to 626.3 sq. metres alongwith the building known as 'Kalpak' standing thereon lying, being and situate at 15'h Road, Khar (West), Mumbai 400 052 in the Revenue Village Bandra, Taluka Andheri, District Mumbai Suburban and as shown as marked in red colour boundary lines on the plan : On or towards the North by Plot No.456 of the said Scheme; On or towards the South by Plot No.464 of the said Scheme; On or towards the East by 15" Road , Khar; On or towards the West by Plot No.472 of the said Scheme. for PRECONS DEVELOPMENT PVT. LTD. -. ~\(~«b\--- Director/ Authorised Signatory Signature of Developer Signature of Purchaser/s Page 21 of 26 THE SECOND SCHEDULE ABOVE REFERRED TO : DESCRIPTION OF COMMON AREAS & COMMON FACILITIES: 1. Common areas shall include :- a) Areas covered under the external and internal walls and pardis (built up areas) b) Staircases, lobbies, passages and landings, common terraces (excluding pocket/attached terraces abutting certain flats and, as such , exclusively allotted to purchaser of the said flat). 2. Common facilities in the building shall include :- a) Overhead and underground water storage tanks and water pipes, water meter, pump room with pumps and accessories. b) Drainage and sewerage including septic tank and soak etc. c) Electrical common load wiring, starters/switches and all common wirings. d) Common lights in staircases, landings, gates, terrace and compounds. e) Unallotted open parking spaces. f) Compound gate/so g) Common compound walls. h) Lift/s. For PRECONS DEVElOPMENT PVT. LTD. ~ .;j.....~l: \'---- - < Director/Authorised Signatory Signature 01 Developer Signature 01 Purchaser!s Page 22 0126 SIGNED SEALED AND DELIVERED by the withinnamed "DEVELOPERS" . , '¥"~ LHT Sign Photo in the presence of SIGNED SEALED AND DELIVERED by the within named "PURCHASERls" Photo LHT Sign in the presence of SIGNED SEALED AND DELIVERED by the withinnamed "PURCHASERls" Photo LHT Sign in the presence of For PRECONS DEVElOPMENT PVT. LT ~~~\ ~ -- < .. Director/Authorised SignatorI Signature of Developer Signature of Purchaserls Page 23 of 26